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Home My WebLink AboutRULES OF PROCEDURE- PLANNING COMMISSIONCOMMISSIONERS ��, •� iSQ4Q�•Q�Q c�N .Pow GN 'Y `��, ,e CITY OF NEWPORT BEACH April 5, 1990 MINUTES ROLL CALL INDEX Commissioner Glover suggested that the area adjacent to public sidewalk across from the subject restaurant be rewie<ed by the Traffic Affairs Committee inasmuch as as observed automobiles parked on the public side Motion * Commissioner Pers6n e a motion to direct the Planning All Ayes Director to sub ' etter to the Chairman of the Traffic Affairs Commit o review the parking in the vicinity of the subject rant. Motion was voted on, MOTION CARRIED. Request to consider changing the Planninnum ion's Rules D-3 of Procedure so as to begin the Plannmg Commission meetings at 7.00 n m instead of 7:30 n.m. PC Consider Time Change INITIATED BY: The City of Newport Beach Commissioner Pers6n stated that the purpose of the request was to be consistent with the City Council's recent change from 7:30 p.m. to 7:00 p.m. for its regular Council meetings. Motion * Motion was made and voted on to change the hours of the MOTION Ayes * Planning Commission from 7:30 p.m. to 7:00 p.m. Noes * * * * * * DENIED. Motion * Motion was made and voted on to ex ssioner Debay Debay All Ayes from the April among Commission meeting. Excused IOM_MRIED. ADJOURNMENT: 9:55 p.m. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -43- Planning Commission Meeting April 5. 1990 Discussion Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: p m instead of 7:30 p.m. INITIATED BY: The City of Newport Beach Background At its meeting of March 8, 1990, the Planning Commission voted (6 Ayes, 1 Absent) to place the Rules of Procedure of the Planning Commission on the Commission agenda of April 5, 1990, so as to consider changing the beginning of the Commission's regular meetings from 7:30 p.m. to 7:00 p.m. The proposed change in time is consistent with the City CounciPs recent change from 7:30 p.m. to 7:00 p.m. for its regular Council meetings. If the Planning Commission concurs with the change, it may be adopted on April 5, 1990. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �GLr/eY��.r LIJ.Gr...cr r William R. Laycock Current Planning Manager WRL:11 Attachment: Amended Rules of Procedure u RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA I. ALP The official title of this Commission shall be Manning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a tens of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution, by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A, The officers of the Commission shall be: 1. Chairman whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. Vice Chairman, who in absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3, Secreta who in the absence of the Chairman and the Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. The Secretary shall also keep a.written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. -1- IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 9 3B 7W, p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicant law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, Vice Chairman, or Secretary; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. VII. AGENDAS A. An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least 72 hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. B. All regular, adjourned, special meetings or study sessions of the Planning Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak. C. No action may be taken on an off -agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two-thirds of the Commissioners, or all of the Commissioners if less than two-thirds are present, determine that the need to take action on the item arose subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five days prior to the meeting at which the action is taken and the matter was continued to the meeting at which action is taken. It is -2- r' inevitable that subjects will arise, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. IX. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meeting shall be:. 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Any other business which may properly come before the Commission. M 7 X. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the function of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. -4- {, B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. � W tl All matters of policy not covered by law may be adopted as a 'Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further amended in Sections II and III AA., Section X deleted, January 24, 1980; and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on March 18, 1982; and further amended in Sections III.B., VI, VII A., B. and C., and IX.A. 3 and 4, on this Sth day of February, 1987; and further amended in Sections III.A.2 and 3, III.B., VI.D., Section III.A.4 deleted, on October 6, 1988; d_-ffi lllr QC"atg n t� ec g gp 1i SF WM by the following roll call vote: JANICE A. BEBAY, Secretary -5- AYES: NOES: GARY W. POMEROY, Chairman W L , r I. TITLE RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Secretary, who in the absence of the Chairman and the Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. The Secretary shall also keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. -1- 1 IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m, when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, Vice Chairman, or Secretary; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. VII. AGENDAS A. An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least 72 hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. B. All regular, adjourned, special meetings or study sessions of the Planning Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak. C. No action may be taken on an off -agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two-thirds of the Commissioners, or all of the Commissioners if less than two-thirds are present, determine that the need to take action on the item arose subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five days prior to the meeting at which the action is taken and the matter was continued to the meeting at which -2- r , , 9 action is taken. It is inevitable that subjects will arise, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. VIII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. IX. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Any other business which may properly come before the Commission. -3- iy X XI XII XIII. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the function of the Planning Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. -4- •, f .4 C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further amended in Sections II and III A.4., Section X deleted, January 24, 1980; and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on March 18, 1982; and further amended in Sections III.B., VI, VII A., B. and C., and IX.A. 3 and 4, on this 5th day of February, 1987; and further amended in Sections III.A.2 and 3, III.B., VI.D., Section III.A.4 deleted, on October 6, 1988; by the following roll call vote: GARY DI SANG, Secretary -5- AYES: NOES GARY W. POMEROY, Chairman Planning Commission Meeting October 6. 1988 Discussion Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Proposed Revisions of the Planning Commission's Rules of Procedure. INITIATED BY: The City of Newport Beach Back rg ound At its meeting of September 22, 1988, the Planning Commission directed staff to place the Rules of Procedure of the Planning Commission on the Planning Commission agenda of October 6, 1988, so as to consider eliminating the position of Second Vice Chairman. Attached for the information and review of the Commission are suggested changes to said Rules of Procedure. The revisions also include the deletion of "First" in "First Vice Chairman". If the Planning Commission concurs with the changes, they may be adopted on October 6, 1988. PLANNING DEPARTMENT JAMES D. HEWICKER, Director bf/ aw;le, zx�4 William R. Layco c Current Planning Manager WRL:11 Attachment: Amended Rules of Procedure RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALTFORNTA TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. ISI. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairmnn, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3: Seeond -v{ee -GHa#rman;-whe-in-the-ebsence, of.-Q--Ghabrman-and the- First- 41ce -Chairman;--or -their--i-tx+biiL-ty - to- ect-,- -shall preside -at -aii-meetings and -perform -all- other- duties o&--the Chairman: 4.3. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary, In ,his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officfo Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second--Vice-Chairmen and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. -1- IV. ADVISERS V. VI The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m, when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, F4rat-Viee-Ghairman; or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. VII. AGENDAS A, An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least 72 hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. B. All regular, adjourned, special meetings or study sessions of -the Planning Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak. C. No action may be taken on an off -agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two-thirds of the Commissioners, or all of the Commissioners if less than two-thirds are present, determine that the need to take action on the item arose subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five days prior to the meeting at which the action is taken and the matter was continued to the meeting at which 64L action is taken. It is inevitable that subjects will arise, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. VIII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. I£ a member is present and does not cast a vote as described above, that member shall be considered as abstaining. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by -reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any,vote on such matter. IX. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Any other business which may properly come before the Commission. -3- X. XI XII XIII. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. I£ the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. C. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the function of the Planning Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. -4- C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. X V. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted 'shall be considered as the official policy of the Commission. XV. AMENDMENT OF R A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B„ VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further, amended in Sections II and III A.4., Section X deleted, January 24, 1980; and further amended in Section VI,B., February 5, 1981; and further amended by adding Section IX.G. on March 18, 1982; and further amended in Sections III.B., VI, VII A., B. and C., and IX.A. 3 and 4, on this 5th day of February, 1987; and further amended in Sections III,A 2 and 3 III.BVI D. Section III A 4 deleted on October 6. 1988: by the following roll call vote: GARY DI SANO, Secretary NOES GARY W. POMEROY, Chairman -5- 4 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA I Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII.A., and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; Sections II and III A.4. amended, Section X deleted, January 24, 1980; Section VI.B. amended February 5, 1981; Section IX.G. added on March 18, 1982). I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS 11 A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. -1- IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a. majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- r B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 1 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- i X. XI XII. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein - before stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties impoled upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. -4- A XV. ADOPTION Approved and adopted as the Rules of the Planning commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further amended in Sections II and III A.4., Section X deleted, January 24, 1980; and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on this 18th day of March, 1982, by the following roll call vote: AYES: Allen, Balalis, Beek, King, Kurlander, McLaughlin, Winburn NOES: None C)LI (V� �.& 1 1�� H L MCLAUGH Ny Chairma JOAWXINBURN, Secretary f 3/19/82 Pw -5- RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII.A., and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; Sections II and III A.4, amended, Section X deleted, January 24, 1980; Section VI.B. amended February 5, 1981; Section IX.G. added on March 18, 1982). I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, land to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. -1- N IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. in addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of -such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a' member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered. by the Commission without receiving a second. -3- X. XI. XII F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein - before stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. CEO XV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F. , November 8, 1979; and further amended in Sections II and III A.4., Section X deleted, January 24, 1980, and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on this 18th day of March, 1982, by the following roll call vote: '9' Z'/ YJ L� JO INBURN, Secretary 3/19/82 Pw AYES: Allen, Balalis, Beek, King, Kurlander, McLaughlin, Winburn NOES: None Al L4 p n 1 H L�McLAUGH�N-y Chairma -5- loocvan�u` &I/ ORIGINAL -----COPY MAXINE _ CITY ATTY _ CITY CLERK _ PERSONNEL PLANNING BUILDING _ FINANCE FIRE LIBRARY MARINE ` PB&R PUBLIC WORKS _ TRAFFIC OTHER RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII.A., and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; Sections II and III A.4. amended, Section X deleted, January 24, 1980; Section VI.B. amended February 5, 1981; Section IX.G. added on March 18, 1982). I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. -1- IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Vill. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- X. XI XII. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. if an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. G7i16lU1h&Q :A2L9 The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein - before stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. we XV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F. , November 8, 1979; and further amended in Sections II and III A.4., Section X deleted, January 24, 1980; and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on this 18th day of March, 1982, by the following roll call vote: JOANMINBURN, Secretary 3/19/82 Pw AYES: Allen, Balalis, Beek, King, Kurlander, McLaughlin, Winburn NOES: None anwrasysILLOO, 0 , i -5- Y'� 1 L �M•"s9*r ,e}`. ) 6}.r .'airi•�r*35�' �� Planning Commission Meeting February 23, 1984 Agenda Item No. 10 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Proposed Amendment to the Planning Commission Rules of Procedure as it pertains to the deadline tha information may be submitted by applicants or th, public prior to a Planning Commission Meeting. INITIATED BY: The City of Newport Beach Background At the conclusion of the regular meeting of January 19, 1984, the Planning Commission requested that the Assistant City Attorney prepare a proposed Amendment to the Rules of Procedure of the Planning Commission pertaining to establishing a new policy and practice of not accepting written material in conjunction with agenda items on the day of the Planning Commission meeting, except upon a showing of good cause. Analysis The proposed amendment will permit an applicant of a project, or the public, to submit information no.later than 12:00 noon, the day before the scheduled Planning Commission meeting. This deadline will allow staff adequate time to review and duplicate said information prior to the meeting for the Commission's consideration. Exceptions to this policy will be granted by the Commission, only upon a showing of good cause. Staff suggests that the proposed amendment be incorporated into Rule No. IX, D. of the Commission's Rules of Procedure. However, this amendment does not change Rule No. IX, G., which provides that the Planning Commission may continue an application to a subsequent meeting if an applicant requests modifications to the proposed plans less than seven working days prior to the date of the hearing on the a matter. Suggested Action If desired, adopt the proposed change to read as follows: ` TO: Ploning Commission -2. • IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. All documents to be considered by the noon on zne aav oerore the scneauiea meeting. rxceotions to E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. PLANNING DEPARTMENT JAMES D. HEWICKER, Director William R. Current Planning Administrator WRL:kln Attachment: Memo from the City Attorney's Office MEMORANDUM f!i! RECEIVED OFFICE OF THE CITY ATTORNEY ,_ ��ara;� c 1, 84 6 CFlLtF. January 24, 1984 To: Director of the Planning Commission and Members of the Planning Commission From: Robert D. Gabriele - Assistant City Attorney Re: Amendment to the Rules of Procedure -- Submittal of Exhibits At its regular meeting on January 19, 1984, the City Attorney's office was directed to prepare a proposed Amendment to the Rules of Procedure of the Planning Commission which would establish a new policy and practice of not accepting written materials submitted in connection with agenda items, unless submitted no later than noon the day before the public meeting, except upon a showing of good cause. Pursuant to such request, the following constitutes the proposed Amendment: ALL DOCUMENTS TO BE CONSIDERED BY THE PLANNING COMMISSION MUST BE SUBMITTED NO LATER THAN NOON ON THE DAY BEFORE THE SCHEDULED MEETING. EXCEPTIONS WILL BE GRANTED ONLY UPON A SHOWING OF GOOD CAUSE. (SUBMIT SUCH DOCUMENTS TO THE PLANNING DEPARTMENT). Rule No. XIV, requires four affirmative votes of the Planning Commission, at a regular meeting, duly noticing the proposed Amendment. It is recommended that Rule No. IX(d) be amended to add the proposed language. To enhance public awareness of the new policy and practice, if adopted, it is recommended that the proposed language be prominently placed on the Public Notice and the Planning Commission Agenda. RDG/dt MEB/Memo5 yr COMMISSIONERS 0 March 18, i982 Y MINUTES �x d, m x w. City of Newport Beach ROLLCALLI 111 JillINDEX Proposed amendments to the Planning Commission Rules of Procedure as they pertain to late submittals of Item #16 material by applicants and the establishment of firm time limits for applicants' presentations. INITIATED BY: City of Newport Beach Motion X Motion was made by Commissioner Beek to add paragraph G to Section IX, Conduct of Meetings, as follows: If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. All Ayes X X X X X X Motion by Commissioner Beek as stated above for an amendment to the Rules of Procedure was now voted on, which MOTION CARRIED. Motion All Ayes Motion Al Ayes FA Housing Element Implementation - Density Increases Request to set for public hearing on April 22, 1982, a planning study to determine appropriate sites for density increases, as described in the Housing Element. M 1on was made to set this item on the Planning Comm' sion Study Session Agenda on April 22, 1982, which MOTION CARRIED. Motion was made r an excused absence for Commissioner Winburn for the ril 8, 1982, Planning Commission Meeting, which MOTIO ARRIED. There being no further usiness, the Planning Commission adjourned at 11:45 Joan Winburn, S, Planning Commis City of Newport -44- Item #17 m • March 4, 1982 • MINUTES'. 3 6 c w m a F w City of Newport . Beach Motion X FMotion was made to direct staff to prepare land use eys in the following priority: 1) Hoag Hospital/ st Newport Triangle; 2) Beeco, Ltd. (Banning) opert3) Old Newport Boulevard; 4) Newport Shores; Central alboa; 6) Corona del Mar; 7) Beacon Bay; Mariner's 'le; 9) Cannery village/McFadden Square; ) Balboa Bay C Commissioner Beek state4 that the Hoag Hospital/West Newport Triangle area is tiv highest priority item. He suggested that staff be dir ted to devote themselves exclusively to this area. He o suggested that the staff prepare concepts for parking tructures, parking lots and in -lieu parking fees. He rther suggested that Beacon Bay and Balboa Bay Club ar be deleted from the list. Al Ayes IXIXIXIX r r IXI Motion by Commissioner King was now voted on, I MOTION CARRIED. ADDITIONAL BUSINESS Rules of Procedure Commissioner Beek suggested that the public hearing be kept opened during the Planning Commission's deliberations, so that the applicant or members of the audience can comment, when necessary, on new matters which are being discussed. He further suggested that the Commission adopt the policy of taking a formal vote when a person wants to extend their five minute presentation. Chairman McLaughlin stated that she will accept the suggestion that the public hearings be kept open during deliberations. But, she stated that taking a formal vote on limiting the time of the speakers, may not be practical. -11- INDEX ADDITIONAL BUSINESS • February 18, 1982 0 MINUTES wc - m >> %� of Newport Beach C an McLaughlin stated that Commissioner Balalis has so wised the City Attorney and has asked for a legal analy of his vote on this matter. The City Attorney will view applicable law and make recommendations to th anning Commission prior to the meeting of March 4, 1982. A discussion by the Commission ensatd,,relating to this matter. Mr. Burnham, Assistant City Atllorey, stated that he would report back to the Commission this matter. Mr. Burnham, Assistant City Attorney, suggested the following procedural guidelines for the conduct of Planning Commission hearings: 1) Require an applicant to submit material at least seven days prior to the Planning Commission meeting at which the applicant's matter is to be heard, and should the applicant fail to comply the applicant will be deemed to have consented to a continuance of the matter, and, 2) Establish a firm time limit for the applicants presentation. Motion Motion was made for the City Attorneys Office to Ayes X X X X X prepare additional procedural guidelines for the Abstain X conduct of the Planning Commission hearings, which MOTION CARRIED. There being no further business, the Planning Commission adjourned at 11:40 p.m. Winburn, Secretary Planni Commission City of Ne rt Beach -25- INDEX 6C/409 c Q44y 311f/g2L RULES,OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting o,f the Planning Commission (Section VI.B. amended August ,3, 1978; Sections VI.B., VII.A., and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; Sections II and III A.$. amended, Section X deleted, ,Januaryy 24, 1980; Section VI.B. amended February 5, 1981). I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of 'seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council- a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. First Vice Chairman, who in the' absence of the Chair- man, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of ,regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Plan- ning Commission. -1- ,Sup&,-Ceced c3114�lf2- IV. V- VI VII. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjourpment of that meeting, and shall hold office for a period of one year or until their successors, are elected. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commis- sion in its deliberations in an advisory capacity. LOCATION OF MEETINGS 1. The Planning Commis.sion whether the same shall b or study session, in the Council in the City Hall place after notice duly limits of the City. TIME OF MEETINGS shall hold all of its meetings, e a regular or special meeting Council Chambers of the City Building, or in any such other given, within the corporate The annual meeting of the Commi.ssion shall be the first regular meeting in July of each year. Regular meetings of the Commission shall be held on the Thursd'ays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier start- ing time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addi- tion to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the deter- mination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed.necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be ser- ved upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be consi- dered at the special meeting. E. All regular, adjourned, or special meetings or study ses- sions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as -regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the trans- action of bus•iness.. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Com- missioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secre- tary, or by pressing a switch to cause a green light to show for an affirmative ote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other mem- bers of the Commission. A Commissioner who is disquali- fied by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the per- mission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be con!�,ucted under the order of parliamentary procedure as,.specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- F. Substitute Motions; A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a differ- ent course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amend= ment, in which case the substitute motion is treated as an amendment. X. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XI. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XII. ATTENDANCE A. Regular attendance at meetings of the Planning Commis- sion is required of all members to enable •the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by l-aw may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XV. ADOPTION Approved and adopted as the Rules of the Planning Com- mission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further amended in Sections II and III A.4., Section X deleted, January 24, 1980; and further amended in Section VI.B., on this 5th day of February, 1981, by the following roll call vote: 2/6/81 pw Cif Y OF NEWPORT BOACH %U\L MINUTES ti ��'A y�G�tn� �ROLL dn 0 -February 23. 1981 I NnFX �l 5. CLAIMS FOR DAMAGES: - For denial and confirmation (36) of the City Clerk's referral to claims adjuster: (a) Claim of Tony Anish (Performance Tires) for Anish \ property damage sustained on November 14, (Performance \ 1980 in the vicinity of Fashion Island - Tires) \ Newport Center, alleging that the absence of \ barriers and warning lights resulted in \ damage to his vehicle. \ (b) Claim of Rebecca Ann Sullivan for personal Sullivan injuries and property damage, allegedly sustained in a vehicle accident involving `Newport Beach Police Officer, on January 13, Oal, in the vicinity of Bayside Drive. o�,Kimberly (c) Claim Meeks for property damage Meeks allegedlyustained when a City street sweeper str , her vehicle in the alley of 28th Street on December 31, 1980. 6. SUMMONS AND COMPLAINTS: None. 7. REQUEST TO FILL PERSONNELANCIES - For approv- (66) al: (A report from the City Manager) (a) One Police Clerk I, Police Depa ment, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: - For informa ion and approval: (a) Removed from the Consent Calendar. (b) Report from the City Attorney regarding subdivision of subdivided lots for condomin- ium projects. (Attached) Subd isions (84) (c) Report from the Planning Department regarding an amendment to the Planning Commission -Rules of Procedure as t_hexpertain_ to the Planning Commission Study Sessions. (Attached) Ping/Com (67) 9. PUBLIC HEARING SCHEDULING: - Set for public hearing on March 9, 1981: (a) Planning Commission Amendment No. 558, request of Greenwich Plaza, a partn r§�iip, Newport Beach, to amend the PI�an ed Community Development Plan for Kol e ter Newport to allow the transfer of d owable square foot- age within the P1 ed Community, and the acceptance off n Environmental Document. Property sated at 4601 Von Karman Avenue, on t e northwesterly side of Von Kerman enue between Campus Drive and Birch Street in the Koll Center Planned Community. (A report from the Planning Department) Volume 35 - Page 64 / P/C Amnd 558 (94) 41TY OF NEWPORT EPACH C UNCIL MINUTES ys s�� ROLL C,GLI_ �n �A February 23, 1981 iunex (b) Planning Commission Amendment No. 559, a P/C Amnd request of JM Peters and Company, Inc., 559 Newport Beach, to amend the Planned Community Development Standards for the Aeronutronic Ford Planned Community to consider a change in the proposed housing types and a change of various development standards for the resi- dential areas of the Planned Community. Property bounded by Bison Avenue on the north, MacArthur Boulevard on the East, Ford Road on the south and Jamboree Road on the west; zoned P-C; AND Tentative Tract Map No. 11377, a request of Tr 11377 JM Peters and Company, Inc., Newport Beach, to subdivide 66.5 4 acres into 93 numbered lots for detached single-family residential purposes, two numbered lots for residential condominium purposes, and three lettered lots for common landscape purposes. Property bounded by Bison Avenue on the north, MacAr- thur Blvd, on the east, Ford Rd. on the south, and Jamboree Rd. on the west; zoned P- (A report from the Planning Department) 10. SAN JOA IN HILLS ROAD RESURFACING (0-2196) - Ap- SJ/H1s8d proval of he plans and specifications for the Resurfg subject pro act; authorization to the City Clerk to C-2196 advertise fo bids to be opened at 10:30 a.m., on (38) March 11, 198 (A report from the Public Works Departmen ) 11. COAST HIGHWAY-UPP NEWBAY BRIDGE PROJECT -/UNpt Authorize staff to egotiate a change order and Bay Bridge supplemental coopers ve agreement with CALTRANS to C-1968 extend the fourth west ound lane from easterly (38) bridge abutment to Bays a Drive. (A report from the Public Works Departme t) 12. Removed from the Consent Ca radar. 13. Removed from the Consent Calen r. 14. BUDGET AMENDMENTS: - For approval. (25) (a) A report from the City Manager egarding the following mid -year budget adjust ents: (At- tached) BA-0490 $262,174.93 increase in Fund alance, a net increase in Budget Appropriatio q and an increase in Revenue Estimates; General 7 d I BA-050, $45,461.04 decrease in Fund Balanc$, a net increase in Budget Appropriations and an increase in Revenue Estimates; Park and Recrea tion Fund. Volume 35 - Page 65 COMMISSIONERS Oruary 5, 1981 • MINUTES CALL Of Beach h t, since the existing structure is already larg•e< than all of the other dwelling units on similar -sized property in the immediate vicinity 3. That the granting of such application, will under the circumsl`apces of the particular case, materially affect adversely the health or safety of persons rWW ding or working in the neighborhood of the pYhilerty of the applicant and will under the'%lt�rcumstances of the particular case be materidJ,ly detri- mental to the public welfare of inJ1u,Q1ous to property or improvements in the nei•g borho * * * Proposed Amendments to the P1'ann•ing Commission Rules of Procedure as they pertain to Planning Commission Study Sessions. INITIATED BY: The City of Newport Beach. Motion K Motion was made to amend the Rules of Procedure, All Ayes X *K X X X Section VI, Time of Meeting, Item B, as follows, which MOTION CARRIED: B. Regular meetings of the Commission shall be held on the.Thursdays preceding the second'. and fourth Mondays of each -month.' These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of. 3:30 p.m. when it is determined that the Commission's workload warrants such earlier, starting 'time. Proper notice of such meeting shall be given according to the requirements of the applicable law. In addition to such regular meetings, the Planning Commissi.on s'hall convene for the purpose of hearing reports from the Staff and reviewing, dis- cussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said Study Session is war- ranted. No official action will be taken at a Study Session. -49- Item #19 APPROVED Planning Commiss n Meeting dracrg- Agenda Item No. i$ CITY OF NEUPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Pro osed Amendments to the Plannin Commissio Ru es of Procedure as they pertain to Plannin Commission Studv Sessions INITIATED BY: The City of Newport Beach G At the conclusion of the regular meeting of January 8, 1981, the Com- mission requested that the Rules of Procedure of the Planning Commis- sion be placed on the agenda for the regular meeting of January 22, 1981 for consideration of an amendment pertaining to the time and frequency of the Planning Commission Study Sessions. This is being done to correct a defect in the procedure followed by the Commission on December 4, 1980. Section VI. B. of the Rules of Procedure currently reads as follows: B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the 'Commission's workload warrants _ such earlier starting time. Proper notice of such meetings shall be given according to the requirements of the applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the Staff and review- ing, discussing and debating planning and zoning matters of interest to the City at•the hour of 2:.00 p.m. on the Thursdays preceding the second and fourth Mondays of each month. No official action will be taken at a Study Session. If amended, Section VI. B. would be changed to provide that Study Sessions,.instead of being held on a regular basis, would be held when warranted as determined by the Chairman, and would commence at the hour of 4:30 p.m. instead of 2:00 p.m. Suggested Action If desired, adopt the proposed change .to read as follows: 1 TO: Planning Commission - 2. B. Regular meetings of the Commission shall be on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined •that the Commission's workload warrants such earlier start- ing time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addi- tion to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the Staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on• Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman -makes the deter- mination that said Study Session is warranted. Na official action T1 be taken at a Study Session. PLANNING DEPARTMENT M. ing Director JDH/kk 1. r w TO: FROM: SUBJECT: INITIATED BY: • • Planning Commission Meeting January 22, 1,981 Agenda Item No. CITY OF NEWPORT BEACH Planning Commission Planning Department P1 an.ni no Commi Kuies of Nroceoure as tnev pertain to rianninp The City of Newport Beach IE7 At the conclus,ion of the regular,meeting of January 8, 1981, the Com- mission requested that the Rules of Procedure of the Planning Commis- sion be placed on the agenda for the regular meeting of January 22, 1981 for consideration of an amendment pertaining to the time and frequency of the Planning Commission Study Sessions. This is being done to correct a defect in the procedure followed by the Commission on December 4, 1980. Section VI. B, of the Rules of Procedure currently reads as follows: B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m, when it is determined that the Commissi.on's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of the applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing, reports from the Staff and review- ing, discussing and debating planning and zoning,matters, of interest to the City at the hour of 2:00 p.m. on the Thursdays precedi.ng the second and fourth Mondays of each month. No official action will be taken at a Study Session. If amended, Section VI. B. would Sessions, instead of being held when warranted as determined by at the hour of 4:30 p.m. instead Suggested Action be changed to provide that Study on a regular basis, would be held the Chairman, a-nd would commence of 2:00 p.m. If desired, adopt the proposed change .to read as follows: TO: Planning Commission - 2. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month.. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier start- ing time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addi- tion to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the Staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on. Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the deter- mination that said Study Session is warranted. No official action will be taken at a Study Session. PLANNING DEPARTMENT Wo JDH/kk COMMISSIONERS •anuary 8, 1981 • MINUTES City of Newport Beach ROLL CALL I I NINDEX Motion All Ayes X X Motion All Ayes X X Motion All Ayes Ei St'a f advised that the applicant has requested that this matter be continued to the Planning Commis ion meeting on January 22, 1981. Motion wa made to continue Use Permit No. 1973, to January 2, 1981, which MOTION CARRIED. Request to consider'r\�an amendment to Title 20 of Item the Newport Beach Mui1'cipal Code as it pertains to the powers and dutI s of the Modification 's AMEN Committee; nonconformin structures, and uses; N0. and residential parking s•andards, and the acceptance of an Environmental Document. INITIATED BY: The City of Ne port Beach Staff recommended that this item, Amendment No. 557, be continued to the Planning Com`i� ion meeting on January 22, 1981. Motion was made to continue Amendment No. to January 22, 1981, which MOTION CARRIED. ADDITIONAL BUSINESS Motion was made to notify the Ex-Officio Secretary of the Commission's intent to amend the Planning Commission's Rules of Procedure on January 22, 1981, which MOTION CARRIED. _28- Onuary 8, 1981 MINUTES 0 i'. That all improvements be constructed as re- quired by ordinance and the Public Works Department. 1 3. "Ghat all im rovements (curb, gutter, sidewalk ai;d pave0ut� be completed along the Br ad Sthaeet frontages; and that the street. mprove. menus be constructed under an encroac ment permit issued by the Public Works De`partment, 4. That a ch unit have individual sei`er laterals and seer services unless otherwise approved by the Public Works Department.,/ 5. That a standard subdivision ,6reement and accompanyingg surety be prov ,8ed if it is desired to Necbrd the part 1 map prior to completion of the public j.�provements. 6. That plan check and inspection fees be paid, Request to construct a;fiew single story, commer- cial building in conjyhd,tion with the expansion and remodel of the existing Market Basket Shopping Center, an#? related off-street parking area in the Unclasgified D�strict. The request also includes the�/acceptancq of an offsite parking agreement for a portion of the required parking spaces,. LOCATION: Portion of Parcei\s,No. 1 and No. 3 and all of Parcel No. 2 of Record Survey 35-25, located at 3100 Balboa Boulevard on the north- easterly corner of Balboa Boulevard and 32nd Street in Central Newport, ZONSS / C-1 and Unclassified AI CANT: Innovative Graphics, Inc., Orange ' 7 ER: William J. Cagney/ c/o Don R:' Adkinson, Newport Beach -27- \ USE P Continued to January 22. 1 81 •December 4, 1980 MINUTES =�a ff City of Newport Beach ROLL CALL ' +, INDEX Motionat�ion was made to allow Newport -Irvine Associate All Ayes K X X XK X to c%p tribute $3,600 to the Transportation and Absent * Circul''azion Fund in lieu of completing improve- ments at\ this time to the Campus Drive -MacArthur i Boulevard`s^ntersection that are required under the traffic phasing ordinance and that the Public Works Department�make a report back to the Planning Commissi3k at the first meeting in March of 1981, which MOTION CARRIED. ** Set for Public Hearing Amendments to Chapter 20 Motion Motion was made that a public heat+.i.ng be set for All Ayes X X X X January 8, 1981, on the suggested Amendments to Absent * Chapter 20 of the Newport Beach Municipal Code as it pertains to the powers and duties`*`b�f the Modification's Committee; nonconforming structures, and uses; and residential parking standards; which MOTION CARRIED. A � wn +srt +x e.n w wn MRM+.V/ux/A.�Y.M� n'w.9rMN*asw.�. '✓5+'+'Fnw.d.Y^y'wV"s+.y �Mi«wN"«W�1M.aMM'tiW Motion All Ayes Absent Time change for study sessions. Vice -Chairman McLaughlin stated that there has been discussion by the Commission on changing the commencement of the study sessions, which now begin at 2:00 p.m. Commissioner Cokas stated tha 4:30 p.m. would be an appropriate time to commenc the study sessions, when the determination has been made that a study session is warranted. Motion was made to change the Rules of Procedure, Section VI, Time of Meetings, Item B, so that in addition to regular meetings, the Planning Com- mission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zon-ing matters of in- terest to the City at the hour of 4:30 p.m. on the Thursdays preceding the second and fourth Mondays of each month when the Planning Commissio Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. MOTION CARRIED. * * * -32- )MMISSIONL'RS .ember 20., 1980 • MINUTES d � �8�i�n W N City of NeWDort Beach ROLL CALL I I 1 11 1 1\1 I INDEX being no discussion from the Commission, ollowing motion was made: Motion X Motio was made to approve Amendment No. 553 and All Ayes X X X X forwar to the City Council, which MOTION CARRIED. Absent * * * \GGui DITIONAL BUSINESS DDITIONAL Mana emeelines Program BUSINESS Commissioner Tho 4s stated that there are en- vironmentally sensiltive areas and vacant lands within the City tha should be considered in a management guidelines program. He referred to the Buck Gully and Mor,ging Canyon issues that were raised in the Locals Coastal Program. Commissioner Thomas asked \staff to consider in- corporating the type of policy and management,.map that the Fire Department is urrently using on vacant lands. He stated thatNn Ordinance needs to be adopted for managing open space. He stated that the management policy may b used on vacant lands for fire purposes, habitat ontrol, drainag and sediment control. He stated t eat the current plan is only for fire protection. x Mr. Burnham asked Commissioner Thomas 5thaputhei is policy would be developed for private lc property. Commissioner Thomas stated plan would be developed for private valands. Chairman Haidinger suggested that this item discussed at a future studv session. Study Session Agendas Chairman Haidinger requested that he be able to review with the staff in advance, the proposed study session agendas. He stated that depending on the study session agenda, he will give the staff guidance as to when the study sessions will be held. He stated that there has been a de- clining attendance by the Commission at the study sessions. -26- RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA e Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII.A., and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; Sections II and III A.4. amended, Section X deleted, January 24, 1980.) I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each membe.r shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. First Vice Chairman, who in the absence of the Chair- man, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and 1-egal notice of hea.rings, attend to cor- respondence of the Commission and such other duties as a,re normally carried out by a Secretary. In his absence the Secretary may de legate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Plan- ning Commission. -1- 0 The Chairman, First Vice Chairman, Second Vice Chair- man and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commis- sion in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is deter- mined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Com- mission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 p.m. on the Thursdays preceding the second and fourth Mondays of each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the trans- action of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Com- missioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- 4 B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secre- tary, or by pressing a switch to cause a green light to show for an'affirmative ote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by, means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other mem- bers of the Commission. A Commissioner who is disquali- fied by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the per- mission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All, meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. •All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- t F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a differ- ent course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amend- ment, in which case the substitute motion is treated as an amendment. X. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XI. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XII. ATTENDANCE A. Regular attendance at meetings of the Planning Commis- sion is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XV. ADOPTION Approved and adopted as the Rules of the Planning Com- mission of the City of Newport Beach the 16th day of -4- f • . December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX., November 8, 1979; and further amended in Sections II and III A.4. and X. on this 24th day of January, 1980, by the following roll call vote: AYES: Allen, Balalis, Beek, Haidinger, McLaughlin, Thomas NOES: None ABSENT: Cokas L BALALI Chairman ,' , JDH/kk 8/12/80 0 0 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII. A., and X. amended September 7, 1978,, Section IX.F. amended November 8, 1979) I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms'to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Development Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be:, 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chair- man, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. -1- • B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at,Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00_ p.m. on the Thursdays preceding the second and fourth Mondays of each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the trans- action of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- 0 B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but'shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIll. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted'under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the -Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions. A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. -3- If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not participate in the presentation of matters ruled on by the Planning Commission unless specifically requested to do so by this Commission or the City Council. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS XIII. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in -writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at, the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, No 0 0 1976, and amended in Section VI.B. August 3, 1978, and further amended in Sections VI.B., VII.A., and X., this 7th day of September, 1978, and further amended in Section IX. by adding Sub -section (F) thereto on this 8th day of November; 1979, by the following roll call vote: DEBRA ALLEN, SECRETARY' AYES: NOES: ABSENT: PAUL BALALIS, CHAIRMAN HRC/ap 12/5/79 -5- I. II. III RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December_16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII. A., and X. amended September 7, 1978) TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to -City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event'wi11 individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Development Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chair- man, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman.. 4. Secretary, who shall keep -a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings; arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties. -to the Community Development Director, and the Community Development Director shall be known 4s the Ex-Of'ficio Secretary of the Planning Commission. -1- B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its.meetings,' whether the same shall be a regular.or special meeting -or .study session, in the Council Chamber of the City Council in the -City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission 'shall be the first - regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of.each month'. These meetings shall commence at the hour•of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of.3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given.according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from -the staff and reviewing, discussing and debating planning and zoning matters of interest'to the City at the hour of 2:00 p.m. on the Thursdays preceding,the second and fourth Mondays of each month. •No official action will -be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or, Second Vice Chairman; notice of 'such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting.. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the. public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of. . said Commission shall constitute a quorum for the'trans- action of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- X B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon . the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for•by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If .a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict -of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner',affected, be decided by the other members of the Commission. A Commissioner who is disqualified by. reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission .of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIIl. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters'on the agenda. 4. -Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted'under.the order of parliamentary procedure as specified in the last revised ' edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All.Commissioners shall address all questions'and comment through the Chairman. i • C. All persons attending meetings of the Commission shall• identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered'by the Commission at any hearing shall become.a part of the records of the Commission. E. Motions: Second Not Required. A motion by ad member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not participate in the presentation of matters ruled on by the Planning Commission unless specifically requested to do so by this Commission or the City Council. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. •A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C.• The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of'the proposed amendment or .addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. . ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, -4- 1976, and amended in Section VI.B. August 3, 1978, and further amended in Sections VI.B., VII.A., and X. this 7th day of September, 1978, by the following roll call vote: GEORGE COKAS, Secretary AYES: NOES: ABSENT: WILLIAM AGEE, Chairman' HRC/kb 9/11/78 -5- N IL Planning Commission Meeting February 5, 1987 Discussion Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Request to review the of the Attached for the information and review of the Planning Commission are suggested changes in the Commission's Rules of Procedure: These amendments are largely intended to reflect recent revisions in the Brown Act. New language is underlined: old language is struck through. If the Planning Commission concurs with the changes, they may be adopted on February 5, 1987. JAMES . HEWICKER Planni Director JDH/kk PCIII Attachments: Amended Rules of Procedure Memo from City Attorney dated January 18, 1987 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adept ed--Beeemlaep— 16-i---1-19-716r-at--a-'regular--Ifteebing--&f--tha Planing-QemaA-&s ,en 4Seet-1011- V1---R.--am anda6--A*Istiet 3 r-1-47$s-6aatieMe V-I-.B amend-IX-F- amended- November- -&1- 173: -SeetAens-II-eed-ddd--io 4r-amended r-Beatien �f--de&1rete&r--&enuary---24-,--1989 --Saetien- Vf &.---amended---Fe3D-r1detJ--67 i98i:-6eetien-�3f-6--added-en-Ma�ek-}8;-i986}- I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Att6rney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all ,other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4: Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. In the event an office becomes vacant, ,a successor shall be elected to fill the remainder of the unexpired term. -1- IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. VII. AGENDAS A. each item of Posted at a location freelv accessible to the public at least 7.2 hours agendas. on the same basis as regular B. All regular, adjourned, special meetings or study sessions of the Planning Commission shall be open to the public. Every aaenda shall provide an opportunity for members of the public to C. No action may be taken on an,off-agenda item are determine that the need to take action on the item arose suose- - 2 - quent to the posting of the agenda; or (c) the item was included in a Properly Posted agenda for a Prior meeting occurring not more than five days Prior to the meeting at which the action is taken and the course can Power to refer the matter to staff, or to Place the item on the of a future meeting, or both Vill. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particu- lar matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualifi- cation in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of deter- mining the outcome of any vote on such matter. IX. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Any other business which may properly come before the Commission. - 3 - X. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein - before stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. .�Q C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 1978; and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 1979; and further amended in Sections II and III AA., Section X deleted, January 24, 1980; and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G, on March 18, 1982; and further amended in Sections 111._B., VI, VII A., B. and C., and IX. A. 3 and.4, on this 5th day,of February,,1987; by the following roll call vote: AYES: NOES: JAMES C. "BUZZ" PERSON, Jr., Chairman PATRICIA EICHENHOFER, Secretary - 5 - 2/5/87 PCIII OFFICE OF THE CITY ATTORNEY January 16, 1987 TO: Chairman, Planning Commission Chairman, Civil Service Board Chairman, Arts Commission Chairman, Parks, Beaches & Recreation Commission Chairman, Library Board of Trustees FROM: Robert H. Burnham, City Attorney RE: Recent Revisions to the Brown Act: Proposed Amendments to Council Policy A-9 Introduction: The Planning Commission, Parks, Beaches & Recreation Commission, Library Board of Trustees, Civil Service Board and Arts Corrrmission are each subject to the Brown Act. In the past few years, the legislature has made many changes to the Ralph M. Brown Act, the state open meeting law. The Brown Act Amendments that become effective January 1, 1987 can be summarized as follows: 1. An agenda containing a brief description of each item of b-usiness to be transacted or d-iscussed must be posted at a location freely accessible to the public at least 72 hours 'before each regular meeting; 2. No action can be taken on an off -agenda item unless a majority determine that an emergency situation exists or that the need to take action arose subsequent to posting of the agenda; 3. Every agenda for a regular meeting must provide an opportunity for members of the public to speak; and 4. A lawsuit seeking to void an action taken in viol-ation of the Brown Act may be filed if, after demand by the interested party, no curative action is taken. Chairmen Various Commissions Page 2 January 16, 1987 The City Council has recently adopted amendments to the Council Policy (A-9) that establishes rules for noticing and conducting meetings of boards, conmissions and conmittees subject to the Brown Act. A copy of Council Policy A-9 is attached and I would encourage you to 'review it and send copies to each member of your board or commission. To conform with Council Policy A-9 and recent amendments to the Brown Act, we would encourage you to do the following: 1. Assign the responsibility for posting the agenda to the principal staff liaison to the board or committee; 2. A report from that person confirming the posting of the agenda should be included In the minutes of each meeting; 3. Space for posting the agenda is available next to the front doors of City Hail. If a different location Is to be selected, please try to Insure the area is accessible to the public for 72 hours prior to the meeting; 4. If your board or committee has not already done so, the date and time of regular meetings should be approved by formal action by the board or committee; 5. Every agenda must provide an opportunity for members of the general public to speak on items relevant to the functions of your board or commission. I believe it is preferable to have a public comment section early in the meeting; and 6. No action can be taken on off -agenda items Unless the matter is an emergency or arose after posting the agenda. Matters that arise during the meeting may, by order of the presiding officer, be scheduled for action at a future meeting or referred to staff. DISCUSSION OF OFF AGENDA ITEMS SHOULD BE KEPT TO A MINIMUM. If you have any questions concerning the recent revisions to the Brown Act and Council Policy A-9, please contact this office. Robert H. Burnham City Attorney RHB/jc Attachment Chairmen Page 3 January Various Commissions 169 Copies sent Mr. Mr. Mr. Mr. Mr. Mr. 1987 to: Duane Munson Norman Loats T. Duncan Stewart Ray Schuller Jim Hewicker Bill Laycock COUNCIL POLICY A-9 CITY COUNCIL COMMITTEES Inasmuch as the Ralph M. Brown Act applies to board and advisory committees created by charter, or other formal action of the City Council, these boards, commissions and advisory committees must be held within the City of Newport Beach and open to the public and otherwise conducted In conformance with this policy and the Brown Act. These boards-, commissions and committees shall comply with the following rules for noticing and conducting meetings: 1. An agenda containing a brief description of each item of business to be transacted or discussed must be posted at a location freely accessible to the public at least 72 hours before each regular meeting; 2. All meetings shall be open and public, and all persons shall be permitted to attend; 3. All meetings shall be held in the City of Newport Beach at a location accessible to the general public. The time for holding regular meetings shall be established by appropriate action of the board, commission or committee and, if at any time, a regular meeting falls on a holiday, the regular meeting shall be held on the next business day; 4. No action may be taken on an off -agenda item unless (a) majority of those present determine that an emergency s-ituation exists; or (b) two-thirds of the members, or all of the members If less than two-thirds are present, determine that the need to take action on the item arose subsequent to the posting of the agenda; or (c) the item was Included in a properly posted agenda for prior meeting occurring not more than five days prior to the meeting at which the action is taken and the matter was continued to the meeting at which action Is taken. It is inevitable that subjects will be discussed, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Presiding Officer shall have the power to refer the matter to staff, or to place the Item on the agenda of a future meeting, or both. 5. Every agenda for a regular meeting must provide an opportunity for members of the general public to speak on an item of interest to the public within the subject matter jurisdiction of the board, commission or committee, provided, however, the agenda need not provide an opportunity for members of the public to address the board, committee or commission at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, unless the item has been substantially changed since the item was heard; 6. Charter created boards and commissions, and any advisory commission or committee subject to the Brown Act may adopt rules for the noticing and conduct of meetings so long as those rules are not inconsistent with provisions of the Brown Act or this policy. or n Planning Commission Meeting January 22, 1987 Discussion Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Request to INITIATED BY: The City of Newport Beach Background Commission Ru At its meeting of January 8, 1987, the Planning Commission directed staff to place the Rules of Procedure of the Commission on the Plan- ning Commission agenda of January 22, 1987 so as to make possible changes to reflect the recent revisions of the Brown Act. A copy of said Rules of Procedure are attached for Commission review. PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY X /,? William R. Laycoc Current Planning Administrator WRL:la CITY1 Attachment: Rules of Procedure RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 19781 Sections VI.B., VII.A., and X, amended September 7, 1978; Section IX.F. amended November 8, 19791 Sections II and III A.4, amended, Section X deleted, January 24, 1980; Section VI.B, amended February 5, 1981; Section IX.G. added on March 10, 1982). I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall bet 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and Shall hold office for a period of one year or until their successors are elected. -1- IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of -such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- S. Any veto of the Commission, including a roll call vote, may be registered by the members by answering OYES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the veto. If a member is present and does not cast a veto as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from votino on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted an a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. MI. ORDER OF BUSINESS The order of business for rogular, adjourned, or special meetings shall be - I. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall Identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. motions! Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- A F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action,or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. X. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XI. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein - before stated in the rules of the Newport Beach Planning Commission. XII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. -4- h XV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 1976; and amended in Section VI.B. August 3, 19701 and further amended in Sections VI.B., VII.A., and X., September 7, 1978; and further amended in Section IX.F., November 8, 19791 and further amended in Sections II and III A.4., Section X deleted, January 24, 19801 and further amended in Section VI.B., February 5, 1981: and further amended by adding Section IX.G. on this 18th day of March, 1982, by the following roll call vote: ;-, z%it7 c,n1. JOAt INBURN, Secretary 3/19/82 Pw AYES: Allen, Balalis, Beek, King, Kurlandar, McLaughlin, Winburn NOES: None HEL M'McLhUGHLINI Chairmad� -5- J M Planning Commission Meeting January 22, 1987 Discussion Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Request to INITIATED BY: The City of Newport Beach Background Commission R At its meeting of January 8, 1987, the Planning Commission directed staff to place the Rules of Procedure of the Commission on the Plan- ning Commission agenda of January 22, 1987 so as to make possible changes to reflect the recent revisions of the Brown Act. A copy of said Rules of Procedure are attached for Commission review. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By X ki q r/ William am R. R. Laycoc�Cv Current Planning Administrator WRL:la CITY1 Attachment: Rules of Procedure RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission (Section VI.B. amended August 3, 1978; Sections VI.B., VII.A„ and X. amended September 7, 1978; Section IX.F. amended November 8, 1979; sections II and III A.4, amended, Section X deleted, January 24, 1980; Section VI.B. amended February 5, 1981; Section IX.G. added on March 18, 1982). 2. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." 22. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to the City Council Policy Statement A-4, Commission appointments can be extended beyond one tam when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired torms. The Planning Diroctor, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall bet 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or bin inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First vice Chairman, or their inability to acts shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commiasion, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearingst attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. -1- IV. ADVISERS VI. VII The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers of the City Council in the City Hall Building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month. These meetings shall commence at the hour of 7:30 p.m. except that the Chairman may call for said meetings to commence at the hour of 3:30 p.m. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 4:30 p.m. on Thursdays preceding the second and fourth Mondays of each month when the Planning Commission Chairman makes the determination that said study session is warranted. No official action will be taken at a study session. .. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of -such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. -2- B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Socretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Whore no clearly disqualifying conflict of interest appeara, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted an a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be, 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissionors or other persons present through the Chairman. D. Exhibits All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions, Second Not Required. A motion by any member of the Commission, including the presiding officer, may be donsidared by the Commission without receiving a second. -3- 4 F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. X. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XI. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein. before stated in the rules of the Newport Beach Planning Commission. XII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. E. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. -4- XV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach the 16th day of December, 19761 and amended in Section VI.B. August 3, 19781 and further amended in Sections VI.B., M.A., and X., September 7, 19781 and further amended in Section IX.F., November 8, 1979; and further amended in Sections iI and III A.4., Section X deleted, January 24, 19801 and further amended in Section VI.B., February 5, 1981; and further amended by adding Section IX.G. on this 18th day of March, 1982, by the following roll call vote: JOAl IlIBURN, Secretary 3/19/82 Pw AYES: Allen, Salalis, beck, King, Kurlander, McLaughlin, winbure NOESe Nona /pIr �j 1 CLleti 6J4 A 1 Li�/AA HELE MCLAUGN NI Chairman Z -5- 4 Y ,.. COMMISSIONERS MINUTES AAA;FO,aF y o t^ �^ iy N �yoy9� fy� �y�/ October 6, 1988 y04.10"� CITY OF NEWPORT BEACH ROLL CALL I F INDEX DISCUSSION ITEM: Proposed Revisions to the Planning Commission's Rules of Item D-1 Procedure. Rules of INITIATED BY: The City of Newport Beach Procedure Acting Chairman Winburn recommended that inasmuch as the office of the Second Vice Chairman is to be deleted, that the description of Secretary should also state "..in the absence of the Chairman and the Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman." Motion * Motion was made and voted on to approve the amended Ayes * * * Rules of Procedure. MOTION CARRIED. Absent ."Adjournment GAR; 'D"I'•tSANNO , F� CITY OF NEWPORT BEACH PLANNING CO -34- 4 COMMISSIONERS F oo� V��P 2c9c O,F S"p C Sn2 y City ®t Newport Beach September 7. 1978 MINUTES ROLL CALL Assessment of possible reduction in allowable development in terms of fiscal impacts and environmental considerations. No one in attendance testified on this item. Bob Shelton appeared before the Planning :.._ Commission on behalf of The Irvine' Company and requested' that all parcels be considered individually and that their individual characteristics be taken into consideration. Dorothy'Parker, resident of Newport Beach, appeared before the Planning Commission and expressed her belief that Caltrans has not given due it for Orange County the amount of money the past four years. Therefore, Ms. Parker - recommended that the City or'developers attempt to obtain more help from Caltrans to help aid the City's road situation. Motion X Motion was made that Planning Commission continue Ayes X X X Y the public hearing on General Plan Amendment, Absent X 78-2 to the meeting of September 21, 1978. Request to amend the Rules of Procedure - of the Planning Commission changing the days of the - regular meetings from the first and third Thursdays month to the Thursday precedinc Motion X of each the second and fourth Mondays of each month. Initiated by: City of Newport Beach Motion was made that Section VI of the Planning Ayes X X X X X X Commission's Rules of Procedure be amended to Absent X read as follows: '"VI. TIME OF MEETINGS B. Regular meetings of the Commission shall be held on the Thursdays preceding the second and fourth Mondays of each month..." -21- INDEX M , COMMISSIONERS °gym 9� o�F °o•� pm v v��'3• v� omP tc v c o Z t ROLL CALL Motion Ayes Absent Motion Ayes Absent MINUTES City ®f Newport Beach September 7, 1978 C1' INDEX Item #9 Request .to clarify the Rules of Procedure of the RULES OF 'Planning Commission, Section VII (Voting PROCEDURE RE. VOTING Procedure), relative to abstentions. PROCEDURE -- ;Initiated by: City of Newport Beach AMENDED Mir CLARIFI- X Motion was made that Section VII of the Planning CATION X X X X X X -Commission's Rules of Procedure be amended to p�pOSES X .,•,read as ,follows, jor clarification purposes: ., .; ",VI•I, VOTING PROCEDURE ,A.-, :.A Commissioner who abstains -from voting is counted as being present and in effect consents that a majority of those, present and voting shall decide the the question voted upon.." #lb=' Item RULES OF VROCEDURE Request to clarify the Rules of Procedure •of the Section X (Participation in Planning Commission, RE. Appealsto City Counc_i 1) . , -- PKRTICI- Initiated by: City of Newport Beach PATION IN APPEALS :. •,TO CITY X Motion was made that Section X of the Planning X X X X X X Commission's Rules of Procedure be amended to AMENDED FOR X read as follows,'for clarification purposes:, X. PARTICIPATION IN APPEALS TO CITY COUNCIL C TION PURPOSES Individual members of the Planning Commission shall. not participate in the presentation of matters ruled on by the Planning Commission unless specifically requested to do so by this Commission.or the City Council." Commissioner Beek commented that his affirmative vote on the clarification of Section X of the ' Planning Commission's Rules of Procedure does not indicate his concurrence with the content of same. -22- Planning Commission Meeting September 7,1978 August 31, 1978 TO FROM: SUBJECT: Agenda Item Nos CITY OF NEWPORT BEACH Planning Commission Department of Community Development amend 519 e 8, 9 and 10 INITIATED BY: City of Newport Beach At the Planning Commission meeting of August 17, 1978, the Commission requested that three changes to the Rules of'Procedure be considered at the meeting of September• 7. The first of these changes would change the meeting date to the Thursday preceding City Council meetings. This change was previously considered and not adopted. However, subsequent to that decision, a City Council meeting anda Planning Commission meeting occurred in the same week. This is the first time that this has occurred since the Department has lost a secretarial position, and it became immediately apparent that there is a real need to spread the work load so it is more evenly distributed. The proposed wording is shown below: "VI. TIME OF MEETINGS 'B. Regular meetings of the Commission shall be held. on the€sis- aad-tgxd-�gdrsdays-a-eaeq-raepth- Thursdays preceding the second and fourth Mondays of each month... The second and third changes are both proposed for the purpose of clarifying -existing language•in the Rules of Procedure and would read as follows: "VII. VOTING PROCEDURE A. ... A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon." Agenda, Item Nos 8, 9 & 10 TO: Planning Commission - 2. "X. PARTICIPATION IN APPEALS TO CITY COUNCIL. Individual members of the Planning Commission shall not participate in the presentation of matters ruled on by the Planning Commission unless specifically requested to do so by this Commission or the City Council." DEPART].Fe" OF COMMUNITY DEVELOPMENT r RVH/kk Agenda Item Nos. 8, 9 &10 1� COMMISSIONERS MINUTES °gym m� �m o City of Newport Beach ys om� 1c vc °z August 3, 1978 INDEX ROLL CALL Ayes X X X X X X Commissioner Balalis' original motion was voted Noes X on and carried. Item #17 Request to amend the Rules of Procedure of the 'RULES OF Planning Commission changing the days of the PROCEDURE regular meetings from the first and third Thursdays of each month to the Thursday preceding the second and fourth Mondays of each month; and, changing the hour of the regular meetings from 7:00 p.m. to 7:30 p.m. Initiated by: Planning Commission Motion X Motion was made that the Planning Commission's Ayes X X X Rules of Procedure be amended so as to change the Noes X X X days of the regular meetings from the first Abstain X and third Thursdays of each month to the Thursday preceding the second and fourth Mondays of each month, which motion failed. Motion was made that the Planning Commission's Motion X Rules of Procedure be amended so as to change the Ayes X X X X X X hour of the regular meetings from 7:00 p.m. Noes X to 7:30 p.m. .i,Ml .w ...45 Y4t isSt +R"• u!Y *r.vT±tN"S0✓'A:'K�k6�-�43 ADDITIONAL BUSINESS Motion X'� Planning Commission adopted Resolution No. 10 R-1014 All Ayes "^ setting public hearings for General Plan ADOPTED *` Amendments and Planned Community Amendments for *�S,eptember 7, 1978. Motion X Comm issioner'shCokas and Haidinger* were excused %of August 17, 1978. All Ayes from the meetin *Note: Subsequenft o'+t is action, Commissioner Haidinger advise-d.,,the Community Development Departmen*t that he would the meeting of be able to attend August 17, 19.78. -30- COMMISSIONERS pcF v� �� coy �m19 'S l� y`sy. ys City of Newport Beach August 3, 1978 MINUTES ROLL CALL ------------- a washout area for trash containers be ded in such a way as to allow direct into the sewer system and not into \Pdrainage ay or the storm drains. kitchen exhaust fans be designed to ol odors and smoke in accordance with 50 of the Air Pollution Control rict. 6. That to Applicant shall obtain the services of an ,Coustical engineer and shall provide evidence -.of existing ambient outside noise levels. The building shall be insulat in such arin anner as to maintain outside sound at the existing ambient level. 7. That an offs to parking agreement shall be approved by tke Planning Commission and the City Council, guaranteeing that a minimum of 12 parking spaces shall be provided in ar approved offsite;,location for the duration of the proposed dgvelopment on the property in question. t 8. That all provisions`tof the Uniform Building Code shall be requirLd in conjunction with the extensive remodeling of the structure. 9. That there be no dancing in the new restaurant. 10. That the delicatessen's hiiurs of operation be from 6:00 a.m. to 2:00 a,m. e Motion X X X Amended motion was made that an additional be added to the original motion so Ayes Noes X X X X X condition as to provide that the time limit of Use Permit 'original 1717 (Amended) will coincide with the u permit, which motion failed. Motion X ee Amended motion was made that the original` motion Ayes X X be revised so as to require that the parking Noes X X X X X spacesrestaurant iqua ebasisofonespacepereery feet of public area, which motion failed. _P9_ se re INDEX COMMISSIONERS s s City of Newport Beach S °t October 20, 1977 MINUTES MOLL CALL INO<X Motion X Planning Commission this matter to the All Ayes meeting of November 3, 1977. Item #11 Request to amend the Rules of Procedure of the RULES OF R CEDURE Planning Commission changing the hours of the regular meetings on the first and third Thursday of each month from 7:00 P.M. to 7:30 P.M. Initiated by: Planning Commission TABLED Motion X Planning Commission discussed this matter and since it was generally felt that the change may be premature in view of the upcoming review of the General Plan and possible heavy workload, motion Ayes X X X X X was made to table the matter. Noes X Abstain X Motion X ADDITIONAL BUSINESS: Planning Commission adopted Resolution No. 997, 17, 1977, to All Ayes setting a public hearing for November consider the revocation of Use Permit No. 1775, Paula Schoepe, 2813 Villa Way, Newport Beach. There eing no further business, Planning Commissi adjourned the meeting. Time: 9:5 P.M. PAUL L. ALALIS, Secretary Planning mmission City of Newp t Beach Page 20. a. r COMMISSIONERS romo�szt City of IIOL CALL 6. That I provi< Request tc developmer f an env! Loc tion• Zone: Applicant. Owner: Engineer: Motion X Planning I All Ayes meeting o- Request ti mercial di landscape the accep Location: Zone: Applicant Owner: Engineer: Newport Beach 1977 se of the property will conform to the ions of the M-1-A District. create one parcel of land for office t in Newport Center, and the acceptance ronmental document. MINUTES A portion of Block 55, Irvine's Sub- division, located on the northwester- ly corner of Santa Barbara Drive and Newport Center Drive in Block 800 of Newport Center. G Irvine Company, Newport Beach SameNs Applicant William on and Schmid, Irvine :ommission cont'nued this matter to the November 3, 19 7. i create three parcels o land for com- Ivelopment and one parcel f land for and sign purposes in Newpo t Center, and ;ance of an environmental do ument. A portion of Lot 22, Trac\d;f 015, located on the easterly sSanta Cruz Drive between quin Hills Road and Newport Ceive in Block 600 of Newport C C-O-H The Irvine Company, Newport Beach Same as Applicant Williamson and Schmid, Irvine Page 19. INOtK Item #9 RESUB- DIVISION �6_Z— CONT.TO F! u=. Item #10 RESUB- b3'VT O N 563!— CDT. TO Planning Commission Meeting October 20, 1977 Item No. 11 CITY OF NEWPORT BEACH October 14, 1977 TO: Planning Commission FROM: Department of Community Development SUBJECT: Request to amend the Rules of Procedure of the Planning Commission changing the hours of the. regular meetings on the first and third Thursday of each month from 7:00 P.M. to 7:30 P.M. INITIATED BY: Planning Commission Background At the Planning Commission meeting of.October 6, 1977, the Commission requested that this matter b'e placed on the October 20th agenda. If it is the desire of the Commission to move the regular meeting time ahead 2 hour it would be the suggestion of the staff that the change become effective with the November 3rd meeting. A copy of the current rules of procedure are attached. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By ai s D. Hew cker Assi t antt Director -Planning JDH/ 5 Item No. 11 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NL11PORT BEACII, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 102 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual -contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman, or hisinability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. 3, IV. V. VI. VII. U. The Chairman, First Vicc Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and small hold office for a period of one year or until their successors are elected. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M..on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2- Any VOW of Lilt) COm111i.-WiMl, including a r1013 ca.13. vote, may be rr.(li:{tercd by the members by answering "YES" for ,v) affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or, by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIIl. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. 1:. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- r � � X XI. XII XIII. XIV. XV. XVI. PARTICIPATIIOM IN APPEALS TO CITY COUNCIL, Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to•carry out the functions of the Planning . Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hexeinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting.. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of _December , -4- t 1976, rind repoaling tho Rules that are now in existence, by Ilu% followinq roll call vote: AYES: Agee, Balalis, Cokas, Frederickson, Heather, Hummel, Seely NOES: -None ABSENT: None acq ine r Chairman HRC:yz 1/5/77 -5- Planning Commission Meeting October 20, 1977 Item No. CITY OF NEWPORT BEACH October 14, 1977 TO: Planning Commission FROM: Department of Community Development SUBJECT: Request to amend the Rules of Procedure of the Planning Commission ch,areging the hours of the. regular meetings on the first and third Thursday of each month from 7:00 P.M. to, 7:30 P.M. INITIATED BY: Planning Commission Background At the Planning Commission meeting of.October 6, 1977, the Commission requested that this matter be placed on the October 20th agenda. If it is the desire of th.e Commission to move the - regular meeting time ahead 2 hour it would be the suggesti,o.n of the staff that the change become effective with the November 3rd meeting. A copy of the current rules of procedure are attached., DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR BY a s D. Hew c er Ass% taut Director -Planning JDH/ Item No. 11 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEMPORT BEACH, CALIFORNIA Adopted December 160 1976 at a regular meeting of the Planning Commission I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a Staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. in no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'dice Chairman, who in the absence of. the Chairman, or Rs inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of ail business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director., and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. 0 l (. IV. V. VI VII. 13. The Chairman, First Vico Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building_, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings, shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning, and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present- D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents, that a majority of those present shall decide the question voted upon. -2 - C (, VIII. IX . It. Any vole of lhu Commis -lion, incluclincl n r'013 call. vol.u, may be rrclistered by the members by answering "YES" for all affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a par.tieular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such . matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. ORDER Or, BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address ali questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- 5. X. PARTICCPA'I'ION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici-I pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning . Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefpre stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings,, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. ,XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting., B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of December , -4- t 1976, am d ropeoling tho Rules that are now in existence, by lhr following roll call vote: AYES: Agee, Balalis, Cokas, r'rederickson, Heather, Hummel, Seely NoP,S: None ABSENT: None a�irnteather Chairman HRC:yz 1/5/77 —5— COMMISSIONERS S vC��vS F,p�,SF4;<'L �so2 City of Newport Beach Ortn'her 6. 1977 MINUTES A L CALL INOIX and approved Use Permit No. 1841, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. This permit shall extend for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 3. t such time as the use of the temporary build - in ceases, the building shall be 'removed from the ite. Said building shall not be sold or lease on the property in question. Item #9 Request to set additi al items for public hearing GENERAL PLAN at the October, 1977, G eral Plan Amendment AFiI~NDMENT Session. Motion X Planning Commission adopted olution No. 996, SET FOR All Ayes setting a public hearing for Oc ober 20, 1977, to consider the following General P amendments: HEARING 77-3-C: A proposed amendment to the esidential Growth Element to revise the definitio of "build- able acreage" to exclude areas dedicated or park purposes and areas to be used for street p poses. 77-3-0: A proposed amendment to the Land Use d Residential Growth Elements creating a new d'ensi category of "High -Density Residential --Greater tha 10 DU's per Buildable Acre," and amending the Land Use Plan and Residential Growth Plan maps as appropriate. ADDITIONAL BUSINESS: Motion X Planning Commission gave notice to the Ex-Officio Ayes X X X X Secretary of their intent to consider a change in Noes X X the time of the regular meeting from 7:00 P.M. to Abstain X 7:30 P.M. at the meeting of October 20, 1977. Page 23. COMMISSIONERS 1��v�sv�s s��`'�<yo �,s s °E��s��;� s ti City of Newport Beach MINUTES October 6, 1977 4LL CALL Mo on X There being no further business, Planning Commis - es sion adjourned to a Special Joint Meeting with thl City Council to be held on October 17, 1977, at the hour of 7:30 P.M. in the City Council Chamber! PAUL L. BALALIS, Secretary Planning Commission City of Newport Beach Page 24. INCKX RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman, his in Chairman,—jr ability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. IV. V. VI VII B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2 - VIII. Ix. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. CONDUCT OF MEETINGS A. All meetings shall be conducted'under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- X. PARTICIPATION IN APPEALS TO CITY COUNCIL XI. Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND -COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of December , -4- 1976, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Agee, Balalis, Cokas, Frederickson, Heather, Hummel, Seely NOES: None ABSENT: None `6z �2.ari�c� acq ine E. Heather Chairman HRC:yz 1/5/77 -5- ;i RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission I. TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman, his in Chairman,—jr ability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. IV. V. VI. VII. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2 - B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. ,Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- D X. PARTICIPATION IN APPEALS TO CITY COUNCIL XI. Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS XIII. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of December , 1976, and repealing the Rules that are now in existence, by the following roll call vote: William Agee, Secretary -5- AYES: NOES: ABSENT: Jacqueline E. Heather Chairman HRC:yz 1/5/77 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetJngs and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session.' C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2 - 11. Any voLo of Lhe Commission, including a roll. call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of December , -4- 1976, and repealing the Rules that are now in existence, by tho foLlowinq roll call vote: AYES: Agee, Balalis, Cokas, Frederickson, Heather, Hummel, Seely NOES: None ABSENT: None acq line E. Heather Chairman -5- HRC:yz 1/5/77 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted December 16, 1976 at a regular meeting of the Planning Commission TITLE The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman,. or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second vice Chairman, who in the -absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall .be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2 - Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote,. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted'under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- X. PARTICIPATION IN APPEALS TO CITY COUNCIL XI. XII. XIII XIV. XV XVI. Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. COMMITTEES The Chairman may appoint such committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resigna- tion and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 16th day of December , -4- 1976, and repealing the Rules that are now in existence, by l-ho following roll call vote: AYES: Agee, Balalis, Cokas, Frederickson, Heather, Hummel, Seely NOES: None ABSENT: None acq ine E. Heather /p- Chairman HRC:yz 1/5/77 -5- a Planning Commission Meeting Dec. 16, 1976 Item No. December 9, 1976 TO: FROM: SUBJECT: Background CITY OF NEWPORT BEACH Planning Commission Department of Community Development os he Planning Commi FA At the meeting of December 2, 1976, the Planning Commission gave notice of its intent to consider an amendment to the Rules of Pro- cedure of the Planning Commission. If adopted, Article XI would be amended as follows: XI. COMMITTEES Ar--�gere-sqa�}-be-stand}ng-eem�i•ttees-agpe�nted-by-tqe Ggai•rmae-as-sgal-�-be-deemed-pesessary-by-qa•m-€ew- determi•ni•ttg-tge-pek&eyes-e€-tqe-Gemra�ssaep-er-e�eeating- its-erdersr--�f�e-rsembers-e€-saeq-eerstaittees-sgal•�-serve- €er-epe-year-er-ept�1•-saeeessers-are-apgeinted-er-tqe- - _ Eemmi.ttee-di•sektarQed---THe-sl;a�tA�pQ-eemm�ti:ees-sga�I•-be- 4r--6and-dse- 57--Gapi•tal•-kmpreyemeet- 3:--Street-apd-Hi•ggway- . 4:--8€€-Street-Rarl�ing-Bi•stri•ets- - _ G---Rarl�s;Beaeges-aad-Reereati•en-6iaisen- . " 6---Sagdi•vi-si•ee-= - A. Br The Chairman may appoint such add4t4ena4-committees as may be deemed necessary to -carry out'.the functions of the Planning Commission. Members shall serve at -the pleasure of the Chairman:, Suggested Action If desired, adopt proposed amendment. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR BY Q?Y_u 1° 01 ames D. Hewicker, Assistant Director - Planning JDH/sh Item No. 7 COMMISSIONERS ao�T�,�ti9sc�0 City of Newport Beach MINUTES Soy December 2, 1976 ROLL ALL INOEX realistic and suggested that the applicant and staff come back to the Commission with some kind of graduated parking to be provided over the next few years under the Specific Area Plan for Cannery Village, in order that this matter could be recon- 'dered. Parki requirements for commercial uses in the Industri District were reviewed and discussed as well as a suggestion that the matter be reconsidered cause of the potential for parking which may be ob .ned under the Specific Area Plan. Motion X Motion was made to re nsider the action to deny Ayes X X X Use Permit No. 1809. Noes X X Absent X X Motion X Motion was then made to continue Permit No. 1809 to the meeting of December 16, 6, in order that further information could be obtai d regard- ing parking in the Cannery Village area. Ayes X X X X X Following further discussion and clarification Absent X X to the intent of the Planning Commission to give this matter reconsideration, the motion was voted on and carried. ADDITIONAL BUSINESS: Motion X Planning Commission gave notice of its intention Ayes X X X X X to consider an amendment to the Rules of Procedure Absent X X at the regular meeting of December 16, 1976. Motion X Planning Commission adopted Resolution No. 966, Ayes X X ( X X setting a public hearing for January 20, 1977, to Absent X X consider an amendment to the Newport Beach Munici- p Code relative to notification procedures in conned ' with Use Permit, Modification Permits, Variance Pe `ts, Amendments, Resubdivisions and Tentative Maps. Page 21. COMMISSIONERS CITY OF NEWPORT BEACH m ROLL CALL m February 21, 1974 MINUTES' INDEX r ADDITIONAL BUSINESS: Motion X Planning Commission amended their Rules of Pro - Ayes X X X X'X X cedure to provide for regular meetings to start at Absent X the hour of 7:00 P.M. with the provision that the Chairman may call for meetings to start at the hour of 3:30 P.M. should the workload warrant same and provided proper notice for public hearings have been given as set forth in the Municipal Code. Motion X There being no further business, Planning Commissio Ayes X X X X X X adjourned the meeting. Time: 10:40 P.M. Absent X JOSEPH ROSENER, JR., Secretary Planning Commission City of Newport Beach Page 14. RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted February 21, 1974 at a regular meeting of the Planning Commission I. TITLE A'. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. ITI. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meek gs and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or -'his to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. -1- DRB/bc 3/4/74 •v » IV. V. VI. VII. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. in addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. 1 D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those.present shall decide the question voted upon. -2 - DRB/bc 3/4/74 •V v B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter,•but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted'under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- DRB/bc 3/4/73 X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of suchtcommittees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCR AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the `consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. MIC DRB/bc 3/4/74 B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Sx-Officio Secretary at the 'regular meeting next preceding the meeting at which the motion to change is made. SVI. ADOPTION Approved and adopted as'the-•Rules of the Planning Commission of the City of Newport Beach this 21st day of February , 1974, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Agee, Beckley, Heather, Parker, Rosener, Seely NOES: None ABSENT: Hazewinkel ATTEST: -5- DRB/bc 3/4/74 I. II. RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted February 21, 1974 at a regular meeting of the Planning Commission TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meets g and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First 'Dice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. -1- DRB/bc 3/4/74 IV. V. VI. VII. B. ,The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month. These meetings shall commence at the hour of 7:00 P.M. except that the Chairman may call for said meetings to commence at the hour of 3:30 P.M. when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meetings shall be given according to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority'of those present shall decide the question voted upon. -2'- DRB/bc 3/4/74 B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during ,the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIll. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted"under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict wit'lz these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves,'and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- DRB/bc 3/4/73 Y X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such pommitteos shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENC& AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. DRB/bc 3/4/74 CCi1T;.AL DUPLICATING Date CEttT:kL OUPICr',i It;(, DuLe ut,p,r'i m_yit B, No amendment of or addition0d'orbhzde rules shall be made un ess no ice in writing of the proposed amendment or .;.,,, addition shall be filed witfvttlheofE:eeOf_ficio Secretary ate e regular mee ing next preceding the meeting at which the motion to change is made, Nu!nl' , tt �pptts Number of XVI. ADOPT-1-mr Turn Tumble Both 0de0 Tur(i Tui.tble Approved a-nc aas t dopted he`Rules of the Planning Commission of the City of Newport Beach this 21st day of February , I uo ; p ,,t, r .1974, )and ropeAling the Rules tihda gr mov in existencdi; i Eby the -following roll call vote: ) U .• Ibprt. p411:r }• Color Use short pap.,i — — } Col(o- — - AYES: Agee, Beck fey, Heather,'Park-er, Rosener, Seely ----- NOE'S : -----f70n e , Pay+ _ rcABSENT_:._Haare;WinlWl:s Pad _Fold _-__Drill Hule�._-_ Cerli„` F fi ch '' __ CerOx- r `lumber of page; or masters on this ,lob___ Signature_ CENTRAL DUPLICATING ATTEST: nafa Delta rtui�n Tttla_ ref NU1116tr ;f rutii ,i•:, .? - F- Turn---.— Tuinble ---- lunq pdpEr } will ite• u,a sluii-r p,gl,r•r ) Color Fold (,rrl"run�_h Urtll Holes st ;,atlr . or raa,terf. 'un tr,i, jot `�i�lnature • Eo,esCHai . alri"s an tnt ; tnD: ----- Signatur CFtITRAL DUPLICATING Date Department _ Title of Jab Number of copies Both sides.? — - Turn Use long paper Wh i `, Use short p,fper-__ } Color Other -- - — - - - Tuuibl„ --- Pad" Fold Hril; JoIo, Cerlov punch Number of p&a"5 or tu., ;t, r , nn thi'. nj, Sit lnaturre_ -- --- - DRB/bc 3/4/74 COMMISSIONERS CITY OF NEWPORT BEACH RMI rAll m November 1. 1973 MINUTES Item B-15 Request to permit the construction of an automo- USE tive repair facility in the M-1-A District. PERMIT 65-9 9 Location: Portion of Lot 1013 of the 1st Addition to the Newport.Mesa Tract, CONT. TO NOV. 15 located at 925 West Sixteenth Street on the south side of West Sixteenth Street, west of Monrovia Avenue in the West Newport light manufacturing area. Zone: -1-A Applicant: Bates Construction Co., Anaheim Owner: Mr. & Mrs. Julius Paldi, Huntington ch Motion X Planning Commission continued th' matter to the All Ayes meeting of November 15, 1973, at t hour of 7:00 P.M. ADDITIONAL BUSINESS: Commissioner Heather requested and received permission to be excused from the Special Meeting of November 8, 1973. Motion Planning •Commission ale ded_S?rt;ony_, Time of All Ayes Meetings, of the Rules of P gced re of iha Pjan- ning Commission in order to allow the regular meerings'stto begin at the hour of 3:30 P.M. Motion X Planning Commission adopted Resolution No. 860, All Ayes setting a public hearing for December 6, 1973, to sider an amendment to Section 20.02.090 of the Newpor ach Municipal Code pertaining to the term "builds 'te". Page 20. COMMISSIONERS CITY OF NEWPORT BEACH Vak"iianv 7_ 1Q76 MINUTES iuncv r • ,� a 5. That an easement be reserved for a combined bicycle path -pedestrian way along the MacArthu Boulevard frontage northerly of Von Karman Avenue but that construction of said improve- ments be waived. At such time as said improve Iment is constructed, it shall be constructed of materials and to .a width which conforms to existing improvements in Koll Center Newport. Item B-13 quest to create two parcels of land for commer- RESUB- c1 1 development where four lots now exist. DITI IFOON •Locat n: Lots 11,-through 14, Tract 7953, located at the northwesterly corner APPROVED of Jamboree Road and Campus Drive CONDI- in "Koll Center Newport". TTdNALLY Zone: P-C Applicant: Ko Center Newport, Newport 8 each Owner: Same a Applicant Engineer: Raub, Bei Frost & Assoc., Newport Bea Public hearing was opened in nnection with this matter. Bob Bein of Raub, Bein, Frost & As c., appeared before the Planning Commission on be if of the applicant and stated agreement with th conditions as recommended by the staff. There being no others desiring to appear an be heard, the public hearing was closed. Motion X Motion was made that Resubdivision No. 434 be All Ayes approved subject to the following conditions: 1. That Amendment No. 420 be adopted. 2. That a Parcel Map be filed. ADDITIONAL BUSINESS Motion X Planning Commission gave notice of intention to All Ayes consider an amendment to the Rules of Procedure at their meeting of February 21, 1974, relative to Section VI, Time of Meetings. Page 27. I. II RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted November 1, 1973 at a regular meeting of the Planning Commission TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. OFFICERS A. The officers of the Commission shall be: i 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission,•prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- DRB dm 11/8/73 Development Director shall be known as the3'Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other placeP after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 3:30 p.m. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 p.m, on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. AAll regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. A.t/ any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. '2z DRB dm 11/8/73 B. Any vote of the Commission, including a roll call vote, may be registerd by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shalll.Jgublicly state or have the Chairman state the nature of such disqualification in open meeting. where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIll. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- -3- DRB:sh 1/25/73 X. PARTICIPATION IN APPEALS TO CITY COUNCIL individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The�standinq committees shall be as follows: 1. Land Use 2. Capital Improvement 3. 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. :,The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, -shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. -4- 0f B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION AT� (EST: � Jo eph E Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 1st day of November , 1973, and repealing the rules that -are in existen'`ce, by the following roll call vote: AYES: Agee, Beckley, Hazewinkel, Heather, Parker, Rosener, Seely NOES: None ABSENT: None RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted - November 1, 1973 at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- DRB dm 11/8/73 4., IV. V. VI. VII. Development Director shall be known as the:Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 3:30 p.m. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 p.m. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is.counted as being present and in effect consents that a majority of those present shall decide the question voted upon. DRB dm 11/8/73 B. Any vote of the Commission, including a roll call vote, may be registerd by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which inay properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- DRB : sh 1/25/73 _ft X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission .in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. 'The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes,.shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. X10 B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 1st day of November , 1973, and repealing the rules that are now in existence, byy the following roll call vote: AYES: Agee, Beckley, Hazewinkel, Heather, Parker, Rosener, Seely NOES: None ABSENT: None -5- Wil iam •Agee, a man DRB dm 11/8/73 COUNCILMEN CITY OF NEWPORT BEACH MINUTES T.T— 7 1 072 INDEX I.rHLL - \V "7 6. The following staf orts were received and ordered filed: A report dated April 27 from the City Astor re- garding General Plan and Rezoning State requi' eats. General awn A report dated April 30 from the City Attorney re- Rules of garding comparison of City Council and Planning Procedure Commission Rules of Procedure. 7. A joint public hearing before the City Council and the OrCo Planning Commission was set for 7:30 P. M.. on Ping Dept May 21, 1973 to review the County Planning Depart- Growth ment's Growth Policy Report, "People, Policy and Policy Growth --A New Direction? " Report 8. The work on Jamboree Road Median Paving, Islands Jamb Rd 5, 6 & 7, Contract No. 1495, was accepted, and the Median. City Clerk was authorized to file a Notice of Com- Paving pletion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from he Public Works Director was presented.) 9. The �rork for the Hospital Road -Westminster Avenue Hospital R: Water am from Placentia Avenue to 15th Street and West - the Wes inster Avenue Widening from North New,, minster port Boule and to 15th Street, Contract No. 1428, ); was accepte and the City Clerk was authorized to file a Notice o Completion and to release the bonds 35 days after they otice of Completion has been filed. (A report from the blic Works Director was pre- s ented. ) 10. The work on the Balboa C es Odor Reduction System, West Npt Contract No. 1494, was ace ted, and the City Clerk Gas Odor was authorized to file a Notice f Complexion and to release the bonds 35 days after t e Notice of Com- pletion has been filed. (A report fir m the Public Works Director was presented.) 11. The plans and specifications for the Jamb ee Road Jamb Rd Police Facility, C-1514, were approved; an�the City Police Clerk was authorized to advertise for bids to Facility opened at 2:00 P.M. on June 26, 1913; and the B ildmi Excise Tax Fee of $7, 200 was waived. (A report from the Public Works Director was presented. ) .. 12. The plans and specifications for the Spyglass Hill Sp glass Pump Station, Zone V, C-1488, were approved, and Hill\l\mp the City Clerk was authorized to advertise for bids to Station be opened at 10:00 A. M. on May 30, 1973. (A report from the Public Works Director was presented.) (�ii Volume 27 - Page 113 To: From: Subject: CITY OF NEWPORT BEACH Office of CITY ATTORNEY April 30, 1973 The Members of the City Council and the Planning Commission City Attorney Comparison of City Council and Planning Commission Rules of Procedure Charter Section 704 provides, among other things, that each of the City's boards and commissions may prescribe their own rules and regulations. Both the City Council and the Planning Com- mission meetings are governed by Robert's Rules of Order to the extent that those rules are not in conflict with the rules of procedure adopted by those bodies. Both the City Council and the Planning Commission rules of procedure cover the same general subjects. 'The City Council rules, however, are much more detailed. The major difference between the two sets of rules occurs in the voting procedures. City Council Rules 20, 21, 22 and 23 establishing the general manner in which a vote may be cast correspond generally with Planning Commission Rule No. VII, subsections A, B and C. The City Council rules provide as follows: Rule No. 22 - Failure to Vote Every Councilman should vote unless disqualified by reason of a conflict of interest. A Councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. The Planning Commission rules provide as follows: Rule No. VII - Voting Procedure A. At any meeting of the Planning Commission a majority of said Commission shall constitute a RE: City Council and Planning Commission Rules of Procedure -2- April 30, 1973 quorum for the transaction of business. Every Com- missioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who ab- stains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "yes" for an affirmative vote, or "no" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meet- ing. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disquali- fication shall not be counted as a part of the quorum and shall be considered absent for the purpose of deter- mining the outcome of any vote on such matter. ABSTENSIONS City Council Rule 22 provides in part that a Councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. For example, assuming six Councilmen are present and three cast their vote in favor of the motion and two cast their vote against, and one abstains, the motion would carry. The effect of abstaining from voting is the same as if voting on the prevailing side. RE: City Council and planning Commission Rules of Procedure -3- April 30, 1973 Planning Commission Rule VII (A) provides in part that a Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. Using the same example as above - Six Commissioners present, three vote in favor of the motion, two vote against, and one abstains. The motion would fail because a majority of those present would be four and the motion received only three affirmative votes. DENNIS O'NEIL City Attorney DON dm CC: City Manager City Clerk Community Development Director RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted January 4, 1973 at a regular meeting df the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant;to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and cxtend,an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to'preside at all meetings and to call all,special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings a,nd perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- IV. V. VI. VII. Development Director shall be known as the.Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elect.ed. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 7:30 p.m. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City, at the hour of 2:00 p.m. on the first and third Thursdays in each month. No official action will be taken at'a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be -held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission.shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2- B. Any vote of the Commission, including a roll call vote, may be registerd by the members by answering 'AYES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. G. Any Commilssioner who is disqualified from voting on a particular flatter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. VIII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- DRB : sh 1/25/73 X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairmah A shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. 'The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes,.shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. 2M B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 4th day of January , 1973, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Agee, Beckley, Hazewinkel, Heather, Martin, Rosener NOES: None ABSENT: Glass ATTEST: - 61 cq line E. Heather, Secretary Willi -am B Martini.; lst Vice Chairman -5- RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted January 4, 1973 at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant;to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to -preside at all meetings and to call all1special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, Who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- w Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for',a period of one year or until their successors are elected. IV. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 7:30 p.m. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City, at the hour of 2:00 p.m. on the first and third Thursdays in each month. No official action will be taken at' a study session. C. Any'meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be -held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study sessions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. VOTING PROCEDURE A. At any meeting of the Planning Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present shall decide the question voted upon. -2- Vill. IX. B. Any vote of the Commission, including a roll call vote, may be registerd by the members by answering 'AYES" for an affirmative vote, or "NO" for a negative vote upon, the member's name being called by the Recording Secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audibly announced by the Recording Secre- tary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Comm* stoner who is disqualified from voting on a particulak flatter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by an member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. -3- DRB:sh 1/25/73 X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of Matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairmah A shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for dne-yesr or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. XII. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution: of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopt@d shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. Wo B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or .addition shall be filed with the Ex-Officio Secretary at the tegular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 4th day of January , 1973, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Agee, Beckley, Hazewinkel, Heather, Martin, Rosener NOES: None ABSENT: Glass -7 f William B. Martin, 1st Vice Chairman ATTEST: cq line E. Heather, Secretary COMMISSIONERS CITY OF NEWPORT BEACH r� mm m�v� m,n MINUTES on„ rAll toDecember 21. 1972 INDEX offsite parking agreement to permit the required garage space on a separate lot from the lot con- taining the single family dwelling. Location: Easterly one-half of Lots 4 and 14, and Lots 5 and 15, Block 23, �astside Addition to the Balboa Tract, located at 1409 East Bay Avenue, on the north side of East Balboa Boulevard between "F" and "G" Streets on the Balboa Peninsula. Zo e: R-1 A li nt: Donald C. McHone, Santa Ana Owners: Donald C. and Nancy L. McHone, Santa Ana Due to the late ss of the hour, this matter was continued to the egular meeting of January 4, 1973 Item B-16 Request to amend a porti of Districting Map No. 1 AMENDMENT NO. 352 from a C-1-H District to a R-2 District. Location: Portion of Lots and 14 and Lots 4, CONT. TO JAN. 4 5, 6, 7, 11, 12, a d 13, Block 6, Seashore Colony Trac , located at 203-205-207-209 Lugoni Street and 202-204-206 Colton Stree between West Coast Highway and Ne ort Shores Drive in Newport Shores. Zone: C-1-H Applicant: Dana H. Smith, Newport Beach Owners: Masami and Patsy K. Ogata, Santa Ana Due to the lateness of the hour, this matter was continued to the regular meeting of January 4, 1973 ADDITIONAL BUSINESS: Motion XThe Planning Commission directed the Ex-Officio Ayes X X X X XSecretary R. V. Hogan to amend the Rules and Pro - Noes X cedure to have study session start at 2:00 P. M. Absent X Chairman Martin cast the dissenting vote as he is nable to attend at 2:00 P.M. Page 24. RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 7:30 P.M. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 2:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by,the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study ses- sions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. QUORUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members . present shall decide. -2- VIII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last re- vised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the polidies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. -3- XII. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XIII. ATTENDANCE A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify resignation and request, in appointment of a new member of the member resigning. XIV. POLICY the City Council of such the name of the Commission, to fill the unexpired term A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this day of _ 1972, and repealing the Rules that are now in existence, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Jacq_uel'in_e E. Heather, Secretary -4- Gordon Glass, Chairman J•DH/kk 10/4/72 r RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted October 5, 1972 at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. IV. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. V. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular.meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 7.30 P.M. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 3:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study ses- sions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. VII. QUORUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. -2- VIII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last re- vised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motions: Second Not Required. A motion by any member of the Commission, including the presiding officer, may be considered by the Commission without receiving a second. X. PARTICIPATION IN APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. XI. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged., The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. -3- to* XII. CORRESPONDENCE AND COMMUNICATIONS XIII. A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. XVI. ATTEST: B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 5th day of October , 1972, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Agee, Glass, Hazewinkel, Heather, Martin, Rosener NOES: None ABSENT: Beckley J�ueline- E. Heather, "Secretary -4- JDH/kk 10/4/72 COMMISSIONERS CITY OF NEWPORT BEACH m n v r v yob Regular Planning Commission Meeting Place: Council Chambers MINUTES Time: 7:30 P.M. ROLL CALL Date: October 5, 1972 INDEX Presen X X X X X X Absent -OFFICIO MEMBERS R. V. Hog Community Development Director David R. Baade, ssistant City Attorney STAFF MEMBERS James D. Hewicker, Asst. Communit velopment Dire for William R. Laycock, Senior Planner William R. Foley, Senior_Planner Shirley Morgan An amendment to the Rules of Procedure of the RULES OF PROCE- Planning Commission amending Section IX, Conduct of Meetings, by adding Paragraph E, which eliminate DURE the necessity for a second on any motion before a vote on the action is taken was presented for discussion. AMEND - MENT ADOPTED Motion X Planning Commission adopted the amendment as Second X presented. All Ayes * * * * * * * * * * Motion X Minutes of the Regular Meeting of August 17, 1972 Ayes X X X X were approved as written. Due to absence, Mart;n Absent abstained. Abstain X * * * * * * * * * * Motion X Minu of the Regular Meeting of September 7, 1972 All Ayes were ap oved as written. * * * * * * * * * * Motion X Minutes of the Spec' 1 Meeting of September 18, All Ayes 1972 were approved as itten. * * * * * * * * * The following two items were he d concurrently because of their relationship. Item #1 A proposal to amend Section 20.13.040 of the AMENDMENT Newport Beach Municipal Code to provide that the Page 1. COMMISSIPNERS 3 �s ROLL CALL tD,s CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: Council Chambers Time: 8:00 P.M. Date: October 21, 1-911 MINUTES INDEX ent X X X X X X X EX-OFFICIO MEMBERS James E. Hewicker, Acting Community Development Director De s O'Neil, City Attorney Benjam B. Nolan, City Engineer STAFF MEMBERS William R. Laycock, Zoni Administrator Shirley Morgan On motion of Commissioner Glass. -seconded by, Commissioner Heather, and carried, the minutes of October 7, 1971 were approved as written. An amendment to the Rules of Procedure of the AMENDMENT Planning Commission changing the hours of the TO regular meetings on the first and third Thursday RULES OF of each month from 8:00 P.M. to 7:30 P.M., having PROCEDURE been duly noticed and discussed, was voted upon and passed unanimously by the Commission, said All Ayes change to become effective November 4, 1971. Item 1. Request to amend a portion of Districting Map No. AMENDMENT N0. 777 11 from a C-1 District to a C-O-H District. Location: Lots 1 through 7, Block B, Bayside REMOVED Tract, -bounded by Palm Street, Bay FROM Avenue, Washington Avenue and CT DAR Newport Bay (The Fun Zone). Zone: C-1 Applicant: Ho d S. Wright Construction Co., Anahei Owner: Santa Ana Va ey Irrigation Co., Orange Zoning Administrator Laycock advised a Commissio that the applicant was requesting a cont'.'uance of this application until Amendment No. 301 ha expired, Page 1. CITY OF NEWPORT BEACH CALIFORNIA v:aao City Hall 3300 Newport Blvd. (714) 673-2110 � :r• , i 64 ZIP IM. 3pGK1E HP-n'MIER' SECRErAkR COMMISSIONERS v y w Ny �t0 OJ£y w N m N N 3� ROLL CALL 5 w �s CITY OF NEWPORT BEACH October 7, 1971 MINUTES INDEX Acting Community.Devel.opment Director Hewicker AMENDMENT read into the recor.d.a-letter suggesting anCamend- T ment to the Rules.of.Pr.ocedure of the Planning RULES OF Commission changing -the -hours of.the regular P CEDU E meetings on the fir.st.and third Thursday of each month from 8:00 P.M..to..7.:30 P.M. He stated further that this.wouid.be.considered at the Moti.on x meeting on October..21,.197.1, with the consent of Seco.nd x the Commission and, if approved, would become All Ayes effective at the meeting of -November 4, 1971. Item 1. Amendment to Title.20 of. the Newport Beach Munici- AMENDMENT pal Code adding standards.for the development of 40. 299 Automobile Service.Stations, outlining use permit procedures and pr..oviding.for the improvement of APPROVED existing stations which would become nonconforming. S EN ED Chairman Dosh reviewed.a.l.etter received by members of the Commission fr.om.two.station owners, Mr. George Perlin who..owns.an.Arco Station in Balboa. nd Mr. Tom Sharp who owns.a Union Station in C ona del Mar objecting -to certain portions of the roposed ordinance; -namely, the number of parki spaces required -per lube bay, the display of tire and the requirement that all work be done within a ilding. ... Both Mr. Pert' and.Mr-. Sharp addressed the Com- mission elabora 'ng on their letter. Mr. Jack Barnett of.. he -Chamber of Commerce addressed the Comm, ss' n.and stated he had worked with the station owners fter receiving a copy of the proposed ordinance., a stated further -that he believed all the.peop]e esired to improve their stations; that.the.or.di ance was O.K. for the new stations but that.stati s that have been in business for.a.l.ong time woul ave difficulty• in complying with it. , Mr. Steven Stoll who.owtls•a Union Stati n at 30th and Newport Boulev4rd,'-Mr. Jos. Stransky f Western Oil and Gas Company,.Mr._ Dick Williams who wns a Shell Station in Corona.del. Mar, Mr. Gordon 'ller who owns.a Shell Station at 17th and Irvine Ave ue and Mr. Curt Crane,,thd Retail Shell Oil Repre- sentative from san.ble9q, now covering Newport Beach, addressed.the.CoMMi.ssion regarding various aspects of the proposed.ordinance. Acting Community De-vel'opment Director Hewicker Page 2. NOTICE. , To: Acting Community Development Director Pursuant to Paragraph 13 of the Planning Commission rules of procedure, notice is hereby given that the Planning l Commission at their meeting of August 5, 1971, will be asked to consider adoption of certain amendments to the rules of procedure. Said amendments will generally pertain to setting forth -!the location and time of regular and study session meetings. DENNIS O'NEIL I Acting City Attorney DO'N:adw To 00 a b, 1 ' i AMENDED { RULES OF PROCEDURE. -OF THE PLANNING COMMISSION CITY. -OF NEWPORT BEACH, CALIFORNIA ., Adopted August,5, 1971 ' at a regular meeting of the,Planning Commission , 1 1 I. TITLE A. The official title of this Commission shall be 1 "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP A. The Planning Commission shall consist of seven members appointed and approved by the City'Council. Each member shall serve a term of four years, such terms 11 , to be on a staggered basis, The Community Development Director, the City Engineer, and the City Attorney, or their representatives, are advisors to the Commission.._..., and do not have a vote. III. OFFICERS --" A. "The officers of the Commission shall be: 1. ,Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. .2. First Vice Chairman, who in the absence off the J4,a Chairman,'•or his inability to act, shall preside,, .;,. at all meetings and perform all other duties of , the Chairman. —`•3. Second Vice Chairman, who in the absence of the ^! Chairman and -the First Vice Chairman, or their inability to.act, shall preside at all meetings and perform all other - duties of the Chairman. 4. Secretary, who shall keep,a written record of all . business transacted by the'Commission, prepare the " agenda of regular and special meetings, arrange proper -and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may,delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. , a s -... -^'- - TrI?LT"y'••n-^T ilf,'t•d1:; �;.. P�.� !„LI:,'•IL,;:IVr'li�,ti�,�',�elil.'i�^lf� . ,i "' Ili !!.��'ti:liij�n fS,�'�lol'ifi'1 'll•'i'�!,rd'',: II;'� i'I:I�i!'1)i' . i . ;: .i„�I:'yl' Pi�}1 P•,p: ,IIPi'' 1 I In B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting and shall hold office for a period of one year or until their successors are eiected.- IV. ADVISORS A. The Chairman may;• with consent of the Planning Commission, request t'he :a'ttendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in'its deliberations in an advisory:capacity. LOCATION OF MEETINGS J A. The Planning Commission shall hold all of its meetings, a ' whether the same shall be a regular or special meeting; �c in the Council Chamber of the City Council in the CitylY Hall Building, within the corporate limits of the City.., TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. •B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of " 8:00 p.m. in addition to such regular meetings, the Planning Commission shall convene for the purpose of -hearing reports from the stuff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 3:00 p.m. on the first and third Thursdays in'each month. No,official action will be '• taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call ,of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings :shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters - to be considered at the special meeting. E. All regular, adjourned, -or 'special meetings or study sessions of the Planning Commission shall be open to the public., , VII. QUORUM At any meeting of the Planning Commission, a majority of said Commission shall constitute a.quorum for the transaction of business, and a majority of the members present shall decide. .2. ; IJ/11 ,�'fty (� ji'41'^':� �; :;7.' �l it ;il(.il;' •I�i}{ if VTTI: X. I ORDER OF BUSINESS A. The order of business for regular, adjourned, or'. special meetings shall be: 1. Call to order by the Chairman. 2." Approval of minutes of,preceding meeting. 3. '•Conside'ration of matters on the agenda. 4. Any other business which may properly come before the Commission. I CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall. identify themselves, and address Commissioners or other persons'present through the Chairman. D. Exhibits - all maps, letters and documents considered by the Commission at any hearing'shall become a part of the records of the Commission. . COMMITTEES u A. There shall: be standing committees appointed by the Chairman as shall be deemed necessary by him for determining -the policies of the Commission or executing, its orders. The members of such committees shall serve for one year or until'successors are appointed or the committee discharged. The standing committees shall y be as follows: 1.. Land Use •2. Capital Improvement• 3. Street and Highway. 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision: B. The Chairman may•'appoint such additional committees as may be deemed necessary to carry out the functions' of the Planning Commission. Members shall serve.at the pleasure of the Chairman. .._ v �_._ ._ .Y,^5r1'•v vltq..nry, :.. p'Ilt ,, �l,., .�•1: ?9•':'t'•�'iii 171'411'Y:L.�IP r'I:ICy'I,{:1,1'Ll�r rq Uf. y.q.+{'.. I, n• 5•., :'IY hi', y,. I ,:I�,.A I,{, •UII L..� 'l l; .. r •I •';'I. ;Iflilt, { r�:I<Lil %ti ii �11: 11111��i 4: iil I (:' II II 1''lu Oil ".J' ql l'.'1!. • , .. nl'ti'',.i II, �'�;, '�{ • 1, ,, I', •! 1 1 I, ,. II ',. '{• I', ,.' ,lill�l',I li II '. 'I .,,I t{,�11. , ` n'1{ r •!i'I 1'i,S loll li {, .Ill,r,i';i lly it 111j1 PI I'j'1!I'i'{; .',I11115,111'1.' .y' , .. �: i',i ,' •' ,j;l b'I .1• 'L11, ly,l'S' Ill" l ''tl; l' t �I, 'I I I,I •''1, ' CORRESPONDENCE AND COMMUNICATIONS A. It shall be•the duty of the Ex-Officio Secretary to draft and 'sign all correspondence necessary for the" . execution of the duties and functions of the Planning . Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE ; A.^ Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it' by law. B. A Commissioner.absent from three consecutive regular) meetings, without securing the consent of the Commission,.• entered upon the minutes, shall be deemed to'thave resigned. �' i C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIII. POLICY A. All matters o£.policy not covered by law may be adopted as a "Resolution of Policy" and when so.; adopted shall be considered as the official policy • of the Commission. 1 XIV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Planning Commission at a ��!•t regular meeting. B. No amendment of or addition to these rules shall be - made unless notice in writing of the proposed amend- " ment or addition shall be filed with the Ex-Officio Secretaryat the regular meeting next preceding the. meeting at which the motion to change is made. XV. ADOPTION ;'',__Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this, day of 1971, and repealing the Rules thatare now in existence, by the following roll 'call. vote: AYES: NOES: - ABSENT: ATTEST: - Jackie Heather, Secretary Curt Dosh, Chairman -4- •- +r_•;'T..T•�•r....,.n7(• rKr•..r.. .'�pr {.l il'1'1. Ilh(+i)jjJ'I 11: �I'ti7rrl" ... r• l�W.,I �•, ili9 )i'; Ijil�r� r,11 h il. +1 r;.1!�.Iti. ':11'r.ril,.`y it{, �,)!' Ij �l r �y::i•4.r i��i'� rl, 1' �+. � , r ' .,' rI): �'i,,�ll �i''�'• •u�i!;';�,)n•�i'r, r-rl ili•.,.)'lI ., I' ,r,'•j„r r�Ir • r, lli �r�l�r �' �I ! ,:i ,l••(. '7;)p ��,6 .'�tij r. l.! I ,/'I�,.ii )I:I,�1!' !'i 11' 1' r ' � i', !! {.I ��i 1i1 dll !,)�:M1li tl{. �•'1.1.�1��1�)�l; 1 .1'r!' 1 / •r 1 '� 1' 'I'I 'L'� NOTICE To: -Acting Community Development Director Pursuant to Paragraph 13 of the Planning Commission rules of procedure, notice is hereby given that the Planning Commission at their meeting of August 5, 1971, will be asked to consider adoption of certain amendments to the '•s rules of procedure. Said amendments will generally pertain. to setting forth. --the location and time of regular and study session meetings. DENNIS O'NEIL Acting City Attorney DO'N:adw 40,® i1 0 �a �l I V 11 AMENDED 'RULES OF PROCEDURE. -OF THE PLANNING COMMISSION CITY-JQF NEWPORT BEACH, CALIFORNIA Adopted August.5, 1971 at a regular meeting of the,Planning Commission TITLE -A. The official title'of this Commission shall be "Planning Commission of the city of Newport Beach, California." 11. MEMBERSHIP ..,.A. The Planning Commission shall consist of seven members appointed and approved by the City'qouncil.- Each member shall serve a term of four years, such terms to be on a staggered basis. The Community Development Director, the City Engineer, and the City Attorney, or their representatives, are advisors to the Commission....,., and do not have a..vote. 111. OFFICERS .--7----A.'The officers of the Commission shall be: 1., chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint —,committees, and perform al 1 other proper duties of • a presiding officer. .2. First Vice Chairman, who in the absence of the Chairman,.or his inability to act, shall preside, at all meetings and perform all other duties of the Chairman. `3. Second Vice Chairman, who in the absence of the Chairman and.the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other - duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the'Commission, prepare the agenda of regular and special meetings, arrange proper -and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may,delegate his duties to the Community Development Director, and the Community Development Director shall be known as the Ex-Officio Secretary,of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting and shall hold office for a period of one year or until their successors are elected., IV. ADVISORS A. The Chairman may;• with consent of the Planning Commission, request the :a'ttendance at Planning Commission meetings of --any officer or employee of the City to assist the Commission in its deliberations in an advisory -capacity. V. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting, in the Council Chamber of the City Council in the City{ Ball Building, within the corporate limits of the City.. VI. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. Y B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 4 8:00 p.m. In addition to such regular meetings, the Planning Commission shall convene for the purpose'of hearing reports from the staff and reviewing, discussing ' and debating planning and zoning matters of interest to the City at the hour of 3:00 p.m. on the first and third ' Thursdays in' each' month. No ,official action will be ` taken at a study session. C. Any meeting may be adjourned from time to time by the it ' majority vote of the members present. •;3.;•, D. Special meetings may be held as deemed necessary at the request of a majority of the members of the ' Commission or by the call,of the Chairman, First Vice Chairman, or'Second Vice Chairman; notice of such special meetings ;shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters'to be considered at the special meeting. E. All regular, adjourned, -or special meetings or study sessions of the Planning Commission shall be open to the public: , y VII. QUORUM A. At any meeting of the Planning Commission, a majority —"� of said Commission shall constitute a.quorum for the transaction of business, and a majority of the members present shall decide. ., _2- _ .. -... .... ..� .. .._-... .,. .r- .,1--- r-•......._..... __ n....y��rnr•71.f{if•11,''..:i•I,r,'«r,a it ;i'�iCiilnl}V rTf�i�t i�'�fti l.tr�il dJ �rl•�rq{n �1�lypr ,�•:1. "�l rikIllo l•1'�1 •�'I,•`�,iL'i7�1�'i II) t+,1;�1'S1'41' Itdit .t ' �I ;It;;ti, '' •1' ';•b'i' `t 'ir. ti; ''�It ��.11.' ... 1I If!" o,�I;r Irt,vlti;t. 'i ,ifl; ll i,. '. '�i .,Ily': it •({r'N1 'i' i 1 'u• .Ijl; I, L1,,1 nt, n. �', .i I' 'i P I111 ,1 • i ;1• ''.f i, l'It;ti i; i1'I•��. I'1 111,1'd;l '•I', •' 1 .r' 1. �Ii�'I' t' •t r(•I �1 t •1�1 ( t i 1' t I ,�' 1 . r t ,.. '•1 tl. •..'r 11{". tl ri 'i '„', t•d •li'•,, tl 1p , ,I it t'1 q!'I :,(�ILI,.,t . �•, 1 I Y VTTT: ORDER OF BUSINESS A. The order of business for regular, adjourned, or. special meetings shall be: 1. Call to order by the Chairman. 2." Approval of minutes of,preceding meeting. 3. ••Considerration of matters on the agenda. 4. ,Any other business which may properly come before the Commission. IX. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of - -- '—' parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the , extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themseives, and address Commissioners or other persons'present through the Chairman. ' D. Exhibits - all maps, letters and documents considered by the Commission at any hearing'shall become a part of the records of the Commission. it X.'• COMMITTEES A. There shall be standing committees appointed by the Chairman.as shall be deemed necessary by him for determining -the policies of the Commission or executing its orders. The members of such committees shall serve ;. for one year or until successors are appointed or the •' committee discharged. The standing committees shall . y be as follows: 1.. Land Use 12. Capital Improvement•• 3. Street and Highway. 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision: B Th Chair an ma 'a oint such additional committees ! e m y pp as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve.at the pleasure of the Chairman. ....,... .. .. t� ::yt'i' "r'"'i^' iiT•.�tei�r�� .f. �...nnv rgpil �i9 T...lir ulnl Lnn i.p.•'p" "rl _'Ti 'I'�rr''•:v; ,ry.+�rji..•}I' i' 44 ii ny��1.'�. ��J,'1.... ' i{I. r" ^,`fr I•li I:'Lj '' rl!'rf I' J•l�.i �Ir:�'�r{'r ' rl.�r.1 �1r;71 Lr. • { r ..r � ,' J •.i.�l�?••'r�r {:Lr ll'rl��''�1��l�J:i' r I'''� .'�i J '.t nL' •: � ' i. ' 1� _- ,r'a' 7i .�; °"'I � .'•' 'rn ,,„7 �"'",i irr t' � �`r"11,''!'f l�l �;' 71 '.'I��11 I I: XII. CORRESPONDENCE AND COMMUNICATIONS. A. It shall be'the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. ATTENDANCE ; A-.^ Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it' • by law. B. A Commissioner absent from three consecutive regular! meetings, without securing the consent of the Commission,, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission,, appointment of a new member to fill the unexpired term of the member resigning. I . XIII. POLICY A. All matters of policy not covered by law maybe adopted as a "Resolution of Policy" and when sod adopted shall be considered as the official policy of the Commission. XIV, AMENDMENT OF_ RULES These rules may be amended or added to by four affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amend- ment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the. meeting at which the motion to change is made. XV. ADOPTION r;. _.Approved and adopted as the Rules of the Planning Commission, of the City of Newport Beach this- day of 1971, and repealing the Rules that.are now in existence, by the following roll'call vote: AYES: NOES: ABSENT: ATTEST: - Jackie Heather, Secretary • t " Curt Dosh, Chairman -4- ,^_ wT•T'�T"' ••Sl i�l •. ter.. ;ry.,. rT):I :i,J� Pif I"t'�'lin:i'"Ij'�11':r�i'f{i}:1'�ri �l': II'?.,�r.tl....'.�,. .'ii, pr" 1 ',':i11q {ri,•i l'.rt;, ', I I �I:..� I'.II„ {, � r, r. •�'lil'ay 4:l�r�gll��li. l'�ii 'II 'I1. !,.I '{Llq lj,',�'„t�,'I'il(', ' '''—•' u'r, I• '{: r.Y r, : ,,,'Ip llr, •'I, �I r� I, �,�•''I'��I " t•�,, di1'�'' • I 'II,i 1"�•I''^!' '.', '•L �i4 •';?{, 'il{, 1,1 11.!',� (1 ': yI' n ,{. •,I°!, '•r,'111{:. pel I '' ! :il;:''iii •.j I .., ilia ,1�,, 1. ry j 114 ,, I, � • 'p I. ,'S '`�i ;;,•I ,,: •1'! 11, I'!'�., t, l:i �y:,i,! � 11! �" '' '1 , ;;� go I.-L � ; 1 RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIF. Adopted January 17, 1963, at a regular meeting of the Planning Commission T. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California". II. MEMBERSHIP A. The Planning Commission shall consist of nine members ap- pointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisors to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meet- ings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairmano who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman, and Secretary shall be elected at the annual meeting of the commis- sion or an adjournment of that meeting and shall hold office for a period of one year or until their successors are elected. IV. ADVISORS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held at least once during each calendar month. The time and date of the regular meetings shall be decided and fixed at each annual meeting for Page 1. the ensuing year. C. Any meeting may be adjourned from time to time -by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request -o£ a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings of the Planning Commission shall be open to the public. VI. QUORUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. VII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. VIII. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits - all maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. IX. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision. B. The Chairman may appoint such additional committees as may be Page 2. deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. X. CORRESPONDENCE AND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XI. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XII. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIII. AMENDMENT OR RULES A. These rules may be amended or added to by five affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XIV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 17th day of January, 1963, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Higbie, Jakosky, Rea, Clark, Clemence, Copelin, Downing, Autry NOES: None ABSENT: Picker ATTEST: Ray Y. C elfin Alvan C. Clemence Secretary Chairman Page 3. RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIF. Adopted January 17, 1963, at a regular meeting of the Planning Commission T. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California". II. MEMBERSHIP A. The Planning Commission shall consist of nine members ap- pointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisors to .the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at'all meet- ings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman, and Secretary shall be elected at the annual meeting of the Commis- sion or an adjournment of that meeting and shall hold office for a period of one year -or until their successors are elected. IV. ADVISORS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held at least once during each calendar month. The time and date of the regular meetings shall be decided and fixed at -each annual meeting for Page 1. the ensuing year. C. Any meeting may be adjourned from time -to time -by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request -of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. :All regular, adjourned, or special meetings of the Planning Commission shall be open to the public. VI. QUORUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. VII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. VIII. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits - all maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. IX. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision. B. The Chairman may appoint such additional committees as may be Page 2. deemed necessary to carry out the functions of the Planning Commission. Members shall serene at the pleasure of the Chairman. X. CORRESPONDENCE AND CCMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as herein6efore stated in the rules of the Newport Beach Planning Commission. XI. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XII. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIII. AMENDMENT OF RULES A. These rules may be amended or added to by five affirmative votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XIV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 17th day of January, 1963, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Higbie, Jakosky, Rea, Clark, Clemence, Copelin, Downing, Autry NOES: None ABSENT: Picker ATTEST: Ray Y. Cog5elin Alvan C. Clemence Secretary Chairman Page 3. RULES OF PROCEDURE OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIF, Adopted January 17, 1963, at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California". II. MEMBERSHIP A. The Planning Commission shall consist of nine members ap- pointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisors to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meet- ings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman, and Secretary shall be elected at the annual meeting of the Commis- sion or an adjournment of that meeting and shall hold office for a period of one year -or until their successors are elected. IV. ADVISORS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. V. MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held at least once during each calendar month. The time and date of the regular meetings shall be decided and fixed at each annual meeting for Page 1. the ensuing year. C. Any meeting may be adjourned from time -to time -by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request .of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. ,All regular, adjourned, or special meetings of the Planning Commission shall be open to the public. VI. QUO RUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. VII. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. VIII. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits - all maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. IX. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision. B. The Chairman may appoint such additional committees as may be Page 2. deemed necessary to carry out the functions of the Planning commission. Members shall serve at the pleasure of the Chairman. X. CORRESPONDENCEAND COMMUNICATIONS A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. XI. ATTENDANCE A. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XII. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XIII. AMENDMENT OF RILES A. These rules may be amended or added to by five affirmative votes of the Planning commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XIV. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 17th day of January, 1963, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Higbie, Jakosky, Rea, Clark, Clemence, Copelin, Downing, Autry NOES: None ABSENT: Ficker ATTEST: Ray Y. CqA6elin Alvan C. Clemence Secretary Chairman Page 3. 40 RULES OF PROCEDURE OY THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA Adopted August 5, 1971 at a regular meeting of the Planning Commission I. TITLE A. The official title of this Commission shall be "Planning Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term when in the judgment of the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appoint- ments to fill unexpired terms. The Community Develop- ment Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS A. The officers of the Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. First Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Second Vice Chairman, who in the absence of the Chairman and the First Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. 4. Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to cor- respondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Community Development Director, and the Community -1- Y Y IV. V. VI VII Development Director shall be known as the Ex-Officio Secretary of the Planning Commission. B. The Chairman, First Vice Chairman, Second Vice Chairman and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. ADVISERS A. The Chairman may, with consent of the Planning Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Com- mission in its deliberations in an advisory capacity. LOCATION OF MEETINGS A. The Planning Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chamber of the City Council in the City Hall building, or in any such other place after notice duly given, within the corporate limits of the City. TIME OF MEETINGS A. The annual meeting of the Commission shall be the first regular meeting in July of each year. B. Regular meetings of the Commission shall be held on the first and third Thursdays in each month at the hour of 8:00 P.M. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debating planning and zoning matters of interest to the City at the hour of 3:00 P.M. on the first and third Thursdays in each month. No official action will be taken at a study session. C. Any meeting may be adjourned from time to time by the majority vote of the members present. D. Special meetings may be held as deemed necessary at the request of a majority of the members of the Commission or by the call of the Chairman, First Vice Chairman, or Second Vice Chairman; notice of such special meetings shall be served upon all members at least 24 hours before the special meeting. The notice shall specify the matters to be considered at the special meeting. E. All regular, adjourned, or special meetings or study ses- sions of the Planning Commission shall be open to the public. Study session agendas will be distributed to the public on the same basis as regular meeting agendas. QUORUM A. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. -2- VIII. IX. X XI ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Consideration of matters on the agenda. 4. Any other business which may properly come before the Commission. CONDUCT OF MEETINGS A. All meetings shall be conducted under the order of parliamentary procedure as specified in the last re- vised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these rules of procedure. B. All Commissioners shall address all questions and comment through the Chairman. C. All persons attending meetings of the Commission shall identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. PARTICIPATION IN -APPEALS TO CITY COUNCIL Individual members of the Planning Commission shall not partici- pate on behalf of the Commission in the presentation of matters ruled on by the Planning Commission unless specifically re- quested by this Commission or the City Council. COMMITTEES A. There shall be standing committees appointed by the Chairman as shall be deemed necessary by him for determining the policies of the Commission or executing its orders. The members of such committees shall serve for one year or until successors are appointed or the committee discharged. The standing committees shall be as follows: 1. Land Use 2. Capital Improvement 3. Street and Highway 4. Off -Street Parking Districts 5. Parks, Beaches and Recreation Liaison 6. Subdivision B. The Chairman may appoint such additional committees as may be deemed necessary to carry out the functions of the Planning Commission. Members shall serve at the pleasure of the Chairman. -3- Y ti XII. CORRESPONDENCE AND COMMUNICATIONS XIII. A. It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission as hereinbefore stated in the rules of the Newport Beach Planning Commission. A. Regular attendance at meetings of the Planning Com- mission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings, without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. XIV. POLICY A. All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Commission. XV. AMENDMENT OF RULES A. These rules may be amended or added to by four affirma- tive votes of the Planning Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Officio Secretary at the regular meeting next preceding the meeting at which the motion to change is made. XVI. ADOPTION Approved and adopted as the Rules of the Planning Commission of the City of Newport Beach this 5 day of August , 1971, and repealing the Rules that are now in existence, by the following roll call vote: AYES: Adkinson,•Agee, Dosh, Glass, Hazewinkel, Heather NOES: None ABSENT: Martin ATTEST: Jackie Heather, Secretary -4- Curt Dosh, Chairman dm 8/12/71 f COMMIS$16NERS vcm 9c msmoo�T,�m v ; o t a p2 2 ROLL CALL (Motion Ayes Noes Sty of Newport BAch April 19, 1979 MINUTES Commissioner Frederickson then expressed his feel- ing that they -had in times past observed abuse in the absence of such restriction, but he would ne- cessarily speak against it in spite of this, as he did not see this as the solution. Commissioner McLaughlin then stated that -she agree With Commissioner Frederickson's statement. x Motion was made that the Planning Commission ini- tfa,te an amendment to the Rules of Procedure of the"�Planning Commissi.on by adding the following modified Item "B" to Section II of the Rules re- garding� EMBERSHIP AND TERM, to wit: "B. The appointment of a•Planning Commissioner as a Councilman, the filing of nomination papers by or for a Commissionor as a candidate for election to the Ciiy. Council shall constitute the resig- nation of such Commissioner.", Council and forward to City for inclusion in their Code. Commissioner Balalis commented that other Cities have used a similar policy Ad,such a statement as this was actually taken verbatim from the Muni- cipal Code for the City of Fulle`rAon and that such a policy has existed there for quite some time and has worked very well. \�, Commissioner Haidinger expressed his support of th motion for the reasons given by Commissiopers Frec' erickson and McLaughlin. \� Commissioner Agee also expressed his support o'f,th: Motion. x x x x x Motion was then voted on, which MOTION CARRIED. x x ADDITIONAL BUSINESS: Suggested Planning Commission Procedures Commissioner Agee expressed his opposition to limi ing the number of speakers during the public hear- ings (suggested Planning Commission Procedure "a") Commissioner Balalis suggested asking the number c speakers that intend to speak previous to opening the public hearing on each item, and commented re- garding limiting the meetings to 11:30 P.M., stat- -22- IO e e f INDEX COMMISSIONERS 9cm 9��mFoo��'F a o tity ®t �p 1�1e.Wp®r t BAch April _19, 1979 MINUTES ROLL CALL ing his feeling that this would be unfair to the public hearing response to the last items on the agenda. Commissioner Agee suggested that the term "Proce- dures" be changed to the term "Guidelines". In response to a question by Commissioner Haidin- ger, Richard Hogan, Community Development Depart- ment Director, replied that the Rules of Procedure of the Planning Commission are the rules by which the Planning Commission operates and are fairly firm. Motion x Motion was made that the Planning Commission ap- All Ayes prove the Sub -committee's (which consists of the following Commissioners: Commissioners McLaughlin Haidinger and Balalis) suggested Five Recommenda- tions and forward.these recommendations to the City Council for their consideration, and that the Planning Commission begin implementing these re- commendations, to wit: 1. Increase the Use of Informal Planning Control We believe planning can be simplified if the City Council and Planning Commission in- crease the amount of informal guidance given to prospective developers early in the ap- plication process. This guidance as to what type of development, if any, is likely to be approved with permit developers and staff to analyze and present proposals with rea- sonable assurance that their time will not be wasted. This type of informal guidance might best be provided for major projects in joint Council/Planning Commission study sessions. The informality of these sessions could be improved if they are held in the Council Conference Room or in some other room which is conducive to casual discussion. If this political input can be recognized as such, and given to applicants early in the process, it should be possible then to -23- INDEX tity of Newport Act MINUTES April 19, 1979 ROLL CALL plan growth and redevelopment by directly addressing issues of density, parking, en- vironmental effects, aesthetics, etc. as they relate to a specific project. We be- lieve this would be a more effective control -than that provided by numerous ordinances controlling traffic volumes, grading require- ments, size and volume of residences, family size, etc. 2. Clarif .the Role of Commissions and Committees The Planning Commission has recently has se- ve•ral instances in which appointed City com- mittees made recommendations to the Council or outside agencies in conflict with Plan- ning -Commission recommendations without first advising the Commission of their differences. While unanimity of opinion will not be pos- sible in all cases, we believe that orderly decision making requires that the Planning Commission know if another group has strong opinions on a matter under consideration. .We therefore suggest that the Council direct City committees to advise the Commission .through the staff of their opinions on sub- jects we are considering and that the Commis- sion schedule its hearing of issues to per- mit consideration of committee discussion. Because Planning•Commission recommendations on several recent issues have been at var- iance with actions of other City bodies, we suggested during our interviews with home- owners and developers that perhaps respon- sibility for reviewing major developments, general plan changes, or new ordinances should be assumed directly by the City Coun- cil. Reaction to this suggestion was uni- formly unfavorable. (One group suggested .that the Planning Commission serves a val- uable "drum rolling" function in calling attention to major growth issues.) -24- INDEX CGMMISSIONERS MINUTES 9cF v� °FmOO�Tpm a o� City of Newport each F 9�'s•j, yu` p�P' 2c 9Lc April 19 , 1979 2 ROLL CALL 3. Improve Homeowner Notification There was general concensus that homeowner notification can, and should, be improved. The improvements should take place both in who is notified and in the form of notifi- cation. We recommend that a procedure be establish-, ed whereby homeowners associations can re- quest notification on any proposed develop- ment, zoning change, general plan amend- ment, etc. which affects their residents or areas of interest. We further suggest increased effort by the , staff to notify all residents who would be affected by proposed City regulations. The lack of public comment on major restrictive measures recently before the Commission leads us to question whether adequate citi- zen,notification was given. Lastly, the form of the notice should be re- vised to explain in simple terms how propos- ed measures could affect the individual pro- perty owner. Statements such as "this may prohibit you from ", or "this may permit your neighbor to . . " would call attention to issues otherwise not easily understood. We believe a postcard type of .notice would be adequate with this wording. 4. Modify Some Planning Commission.Guideli_nes_ Most Planning Commission guidelines were ge- nerally well accepted. We recommend some changes as follows: a. Control public testimony by limiting the number of speakers, the time allowed foi each side of an issue, or by some other method. b. Allow informal discussion of agenda !ten during study sessions if this is legal- ly permitted. -25- is INDEX COMMISSIONERS MINUTES 9cm F �Rm�OA� �+, tity of Newport B ch y�'sf. 9pO�'AO,Z4yGs April 19, 1979 oZ 'Z 1 ROLL CALL C. Stop Commission meetings at 11:30 p.m. and manage the allocation of time to agenda items to allow completion of the agenda. d. Leave public hearings open during Com- mission discussion so the public can comment on issues raised by commission- ers. e. Review at each.study session a list of the items on which the staff is pre- paring a special report so no impor- tant projects will be overlooked. 5. Continue Efficient Community Development Department Operation There was overall favorable comment re- garding the operation of the Community Development Department. Some comment was made by developers that the plan check process is more elaborate than in other cities. Homeowners commented that the Department provides them information on request but sometimes does not volunteer information which would be helpful to _ homeowners. All were surprised at the lack of'print- ed material describing the planning, de- velopment, and permit process. Corres- pondingly, many with whom we talked did not have a good understanding of the process. We, therefore, recommend that the Department prepare descriptive ma- terial which will be available to the public and also distribute it to each homeowner association. -26- INDEX ZO9MINISSIONERS 9cF 9( o � City of Newport Bich April 5, 1979 MINUTES ROIL CALL INDEX "``,also directed that the City Council be informed of fl'e�Commission's desire to restrict Roller Skat- ing o`n`Yt.he ocean front walk. Newport Place• Emkay) Planned Community Motion x The Planning Commission adop et 'd Resolution No. 1034 initiating RESOLU- TI.ON NO Ayes x x x x setting hearing for May 10., 1979•nd 1034 Absent x an Amendment to the Newport Place (Em-ay Planned Community to reflect the action taken by th,e-City Council on March 12, 1979 in approving a Dev6i,o,pZ,,.. ment Phasing Plan. Planning Commission Rules of Procedure Motion x The Planning Commission initiated an Amendment to Ayes x x x x x the Planning Commission Rules of Procedure as they Absent x pertain to Section VI, (time of meetings), and Sec- tion II, (membership and term). The proposed word- ing is shown below: VI. TIME OF MEETINGS B. Regular•meet•ings of the Commission shall .be;.held on the Thursdays preceeding the s - cond and fourth Mondays of each month. These meetings shall commence at the hour of 7 39 7:00 p.m. except that the Chair- man may call for said meetings to•commenc at the hour of 3:30 p.m. when it is deter- mined .that the Commission's workload war- rants such earlier starting time. Proper notice of such meetings shall be given ac- cording to the requirements of applicable law. In addition to such regular meetings, the Planning Commission shall convene for the purpose of hearing reports from the staff and reviewing, discussing and debat- ing planning and zoning matters of inter- est to the City at the hour of 2:00 p.m. on the Thursdays preceding the second and fourth Mondays of each month. No official action will be taken at a study session. II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Char- -34- 60MPAISSIONERS • 10 MINUTES City ®f Newport Beach ooF� �y April 5, 1979 ti ROLL CALL ter, the Planning Commission shall con- sist of seven members appointed and ap- proved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pur- suant to City Council Policy Statement A-4, Commission appointments can be ex- tended beyond one term when in the judg- ment of the Council a reappointment would recognize and extend an unusual contribu- tion by the incumbent. -In no event will individual appointments to,the Commission exceed two consecutive.full terms, ex- clusive of appointments to fill unexpired terms. The Community Development Direc- tor, the City Engineer, and the City At- torney, or their representatives, are ad- visers -to the Commission and'do not have a vote. B. The appointment of a Planning Commissione .as a Councilman, the filing of nomination or for a Commissioner as a can- .for electi.on to the City Council HHHb or the declaration of a Commissioner a's a candidate for election to the Council shall constitute the resignation of such Commissioner. There being no further business, the Planning Com- mission adjourned at 12:20 p.m. GEORGE COKAS, Secretary • City of Newport Beach ~R;,anning Commission GC/gg -35- INDEX )MMISSIONERS 0 • = September 20, 1979 a: City of Newport Beach MINUTES Motion x Motion was made to continue this item ,t`d the re - Ayes x x x x gular Planning Commission meeting oV6ctober 4, Absent * * 1979, due to the lateness of th,our. Request to establish an orf"street parking lot on a temporary basis in BI�vc k 600 of Newport Center in the C-O-H District,4 nd the acceptance of an Environmental Docuummefit. LOCATION: A`,,portion of Lot 22, Tract No. 6015, located at 670 Newport Cen- zzter Drive, easterly of Santa Cruz Drive and northerly of Newport Center Drive in Block 600 of Newport Center. C-O-H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as Applicant Motion jxj Motion Was made to continue this item to the re - Ayes r-' x x x x gular Planning Commission meeting on October 4, Absent * * 1979, due to the lateness of the hour. * * * Proposed Amendments to the Planning Commission Rules of Procedure as they pertain to Substitute Motions. INITIATED BY: The City of Newport Beach Motion was made to continue this item to the re- ,gular Planning Commission meeting on October 4, 1949, due to the lateness of the hour. * * * Item #12 USE PER- MIT NO. 1919 CONTINUED TO OCTU EA 4 1979 Item #13 PLANNING COMMISSIOD RULES OF PROCEDURE CONTINUED TO OCTOBER 4, 1979 -P2- f a � COMMISSIONERS 41 September 20, 1979 • MINUTES JEW d Ing I City of Newport Beach ROLL CALL INDEX Motion Ayes Absent provides that garage spaces facing an access street shall observe a 5 foot setback or,,*a mini- mum setback of 20 feet, measured from y`ack of sidewalk). LOCATION: Lot Nos. 1, 2, 3, 5_,/.6, 71 9, 15, 23, 24, 25, 27, 28f and 29, Tract No. 9860, locatej,'northerly of E1 Capitan Driv(p and easterly of Spyglass Hill,jtoad in Harbor Ridge ZONE: P-C APPLICANT: The Irvigd Pacific Development Company,, ""Newport Beach OWNER: The Irvine Company, Newport Beach Motion was made to continue this item to the re- gular Planning -commission meeting on October 4, 1979, due to .ta lateness of the hour. Request do establish a new and used automobile sales facility in the C-1-H District. The exist- ing building on the site will be utilized by the existing Donique's Antiques retail sales use and thp�office for the proposed automobile sales fa- cility. LOCATION: Lots 14 through 17, Tract No. 1210 located at 600 West Coast Highway, on the northerly side of West Coast Highway, westerly of Dover Drive, across West Coast Highway from Bay Shores. ZONE: C-1-H APPLICANTS: Donald Brodnax, Jr., Donique's Antiques, Inc., and Greg Darling, Unique Motor Cars, Newport Beach OWNERS: Leonard Horwin and Arnold J. Gordoi Beverly Hills Item #11 USE PER - MI 3,919 -21- . l COMMISSIONERS • MINUTES = September 20, 1979 54 FA, City of Newport Beach ROLL CALL ` INDEX Motion Ayes Absent x Motion was made that the meeting be adjourned to x XK x a special Adjourned Planning Commission meeting * on September 27, 1979 at 7:30 P.M. * * * The Planning Commission adjourned at 11:50 p.m. to a special Adjourned Planning Commission meet - inn nn Cantamhar 97. 1979 at 7:30 n_m. MINUTES ;. Motion All Ayes f I October 4, 1979 Of l Proposed Amendments to the Planning Commission Rules of Procedure .as they pertain to Substi- tute Motions. INITIATED BY:. -The City of Newport Beach Motion was made to continue this item to the regular Planning Commission meeting of October 18, 1979. There being no further business, the Planni Commission adjourned at 11:30 p.m. ,► Debra Allen, Secretary Planning Commission City of Newport Beach INDEX CONTINUED TO ncrn, 41 COMMISSIONERS • January 24, 1980 ROLL Ayes Absent Motion Ayes Noes Absent Motion Ayes Noes Absenr 0 F3xWWD SD CD CD Of Beach x Yx Motion was them- voted on, which MOTION CARRIED. x Motion was then made that the fireplace be allowe to,'.eoach only 1' into the side yard and be mo- * ghd`ified to be 2' away from the property line. Motion was then made that any extension of the x x chimney above the present height should meet the code of not exceeding 1' into the side yard. Proposed Amendments to Planning Commission Rules of Procedure As They Make Reference to the Com- munity Development Director and As They Pertain to the Participation of Individual Members in Appeals to the City Council. INITIATED BY: The City of Newport Beach Commissioner McLaughlin suggested postponing this item, stating her feeling that as it is written it is indefensible. Commissioner Balalis suggested that if they are going to change Rule No. 10, that it be stated that a Planning Commission member going before the City Council or any other agency so state im- mediately that they do not speak for the Plan- ning Commission, but that they speak as indivi- duals. mmissioner Haidinger stated his understanding at people feel constrained by Rule No. 10 and el that it is unfair, in which case, he felt at Rule No. 10 should be deleted. Commissioner Balalis stated his understanding that the reason for originally adopting this rule was that members of the City Council were asking that an individual Pl-anning Commission member speak for the entire Planning Commission. Commissioner Beek stated that he has had no per- sona'l experience with a member of the planning' Commission being reouested to speak for the entire Planning Commission. INDEX Item #4 PROPOSED AMEND- MENTS TO PLANNING COMMIS- SION RULES OF PROCEDURE APPROVED COMMISSIONERS • • MINUTES = January 24, 1980 Fw (7W, (, Ww , City of Newport Beach -t N 7C fN 7 CALL I�T—I I I 1 I INDEX Motion 11x111J11otion was made to approve the proposed amendment Ayes x x x x to the Planning Commission Rules of•Procedure, in Absent * cluding the deletion of Rule No. 10. I� I I I I I *** ADDITIONAL BUSINESS: 1) Public Hearing on Modification No. 2496 was set for the regular Planning Commission meeting on February 21, 1980. 2) It was decided that the Planning Commission recommend to the Traffic Affairs Committee that they review the traffic in the Corona Highlands Cedar Grove area. Motion K '3) Motion was made that the Planning Commission Ayes xx x x = Ncommend to the City Council that bonds be re - Absent * uKed pursuant to Chapter 70 of the Building Code x NVI,ation and Grading) to assure that the work currently underway on the Sea Island Project and the For Road/MacArthur Boulevard road widening and intersection improvement project will be cor- rected if ndNk completed in accordance with the ap- proved plans a, d specifications. 4) Commissioner cLaughlin inquired where the pending Specific A ��a Plan stands relative to the Corona del Mar modification, requesting that it be activated. James Hewicker, Planning Dkiirector, responded that the Specific Area Plan for Corona del Mar is one of the projects that is yet to be done by the Ad- vance Planning Division and tha there has been no work done on it to date, becau a of the other ?rojects and priorities assigned to the Depart- ment and to the Division by the Plan tng Commis- sion and the City Council. He added that at the current time a majority of the staff effb.,rt in the Advance Planning Division is being de teal to the preparation of the Local Coastal Plan ich will be an ongoing project for the remainder UIT this year. He stated that staff work had been started on the Specific Area Plan for Cannery Vi% lage and was put on the "back burner", pending Mm CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 ROLL CALL ��'� February 11, 1980 INDEX (g) One Payroll Clerk I, Finance Department, to fill a vacant position. (h) Four Police Officers, Police Department, to fill vacant positions. (i) Three Police Clerk I's, Police Department, to fill vacant positions. (j) One lding Inspector I, Building Depart- ment, to 11 a vacant position. (k) One Secretary, Iding Department, to fill a vacant post (1) One Senior Planner, Plan epartment, to fill a vacant position. 8. REPORTS - For Council information and filing. (a) A report from the City Manager regarding employment the financing of Unemployment Insurance. Ins nce (Attached) 47 (b) A report from the Planning Department Planning regarding action _taken by the Planning Commission Commission at its meeting of January 24, (67) 1980 concerning'amendments to Planning Commission Rulesof Procedures, as they nc make referee to_the "Community Develop- ment Director" and pertaining to partici- pation of individual members in_apMals. to_the City Council. (Attached) (c) A report from the City Librarian regarding Newport the dedication ceremony for Newport Cent Center Branch Library. (Attached) L ary 50) 9. PUBLIC HEARINGS - None. 10. STREET IMPROVEMENTS SOUTHERLY SIDE OF EAST St Impry COAST HIGHWAY BETWEEN JAMBOREE ROAD AND Coast Hwy AVOCADO AVENUE, (C-1990)- Acceptance work (38) on subject project; authorization the City Clerk.to file a Notice of Comple on and to release the bonds 35 days of r Notice of Completion has been filed (A report from the Public Works Departmen 11. MAINTENANCE DREDHARBOR PERMITS - Approval Harbor of the follow g maintenance dredging harbor Permits permits, s bject to the conditions of approval (51) I listed Ci the general permit issued to the I I Volume 34 - Page 43 f' i i "^ r CITY OF NEWPORT BEACH COUNCILMEN MINUTES cr � ROLL CALL` �� Febtuary 11. 1980 lmnkY \ (e) Claim of Nancy L. Chapman for personal Chapman injuries on October 13, 1979 when she was involved in a traffic accident at the intersection of Balboa and 8th Street, allegedly due to faulty maintenance of palm trees in the center divider which obstructed the view. (f) Claim of Henry W. Buckingham for property Buckingham damage to his home at 1902 E. Balboa Boulevard when the sewer was being relined and the workmen neglected to tie his line into the sewer which resulted in damage to the carpeting. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: a) Summons and Cross Complaint of James Pope guardian for Thomas Pope, Case No. 17 in the Orange County Superior in connection with an accident ing on a State Highway that was dly the responsibility of the City ntain. \Summo (s and Complaint of John Palmer for Palmer I damagesallegedly caused by t each Police Officers; Case No. 3 1 the Orange County Superior . Th original claim was for false arrest and mprisonment. 7. REQUEST TO FILL PE ONNEL VACANCIES - For Personnel approval: (A repor from the City Manager) Vacancies (66) (a) One Laborer, Fie l Maintenance Division, to fill a vacant p sition. (b) One Maintenance Man , Field Maintenance Division, to fill a va ant position. (c) One Library Clerk II, Li rary Services Department, to fill a vac t position. (d) One Building Maintenance Man I, Parks, Beaches and Recreation Depart ent to fill a vacant position/ CETA transi on slot to regular. (e) Three Groundsman -Gardener II's, Pa ks, Beaches and Recreation Department t fill vacant positons. I (f) One Refuse Crewman, Refuse Division, to i fill a vacant position. i i Volume 34 - Page 42 City Council Meeting February 11, 1980 Agenda Item No CITY OF NEWPORT BEACH February 6, 1980 TO: City Council FROM: Planning Department H-8(b) SUBJECT: Amendment to Planning Commission Rules of Procedure At its meeting of January 24, 1980, the Planning Commission voted (6 ayes, 1 absent) to amend its Rules of Procedure as follows: II. MEMBERSHIP AND TERM Pursuant to Section 702 of the City Charter, the Planning Commission shall consist of seven members appointed and approved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pursuant to City Council Policy Statement A-4, Commission appointments can be extended beyond one term"wfien in—f -e judgment df the Council a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. The Planning Director, the City Engineer, and the City Attorney, or their representatives, are advisers to the Commission and do not have a vote. III. OFFICERS The officers of the Commission shall be: Secretary, who shall keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission and such other duties as are normally carried out by a Secretary. In his absence the Secretary may delegate his duties to the Planning Director, and the Planning Director shall be known as the Ex-Officio Secretary of the Planning Commission. PART464PAT49N-4N-APPEALS-T9-6ITY-6BdN6TL- Ind4v#dual-members-e€-the-P1ann4mg-6emm4ss4en-ska4l-pet part4e4pate-4n-the-presentat4en-a€-Patters-ru;ed-en-by the-P4ann4Rg-6emmiss4on-ea;ess-spee4f4ea44y-requested-te de-se-by-th4s-6emm4ss4en-ew-the-64ty-6eape4�. - 1 - 4-- TO: City Council - 2. Amendments to Rules II and III reflect the recent reorganization of the Department and the change in title from Community Development Director to Planning Director. Rule X was eliminated with the understandingg that any Planning Commissioner going before the City Council, or any other agency, would make it clear that they are not speaking for the Planning Commission, but that they are speaking as an individual. Respectfully submitted, PLANNING DEPARTMENT J mes D. Hewic er Di ector JDH/dlt • ,a COMMISSIONERS nr r� w nx U1 m D N 7 N W N 7 ROIL CALL Ayes 4Z' �c Absent Motion Ayes x Noes x Absent Motion Ayes x Noes x Absent 1i MINUTES January 24, 1980 Of MI Motion was then voted on, which MOTION CARRIED. fttj_Q_n was then made that the fireplace be allowe to enc - only i' into the side yard and be mo- dified to be dl! from the property line. Motion was then made that a tension of the chimney -above the present height s�meet the code of not exceeding i' into the side ya ".,, * Proposed Amendments to Planning Commission Rules of Procedure As They Make Reference to the Com- munity Development Director and As They Pertain to the Participation of Individual Members in Appeals to the City Council. INITIATED BY: The City of Newport'Beach INDEX Item #4 PROPOSED AMEND- MENTS TO PLANNING rnMMTS- Commissioner McLaughlin suggested postponing this PROCEDUR item, stating her feeling that as it is written it is indefensible. APPROVED Commissioner Balalis suggested that if they are going to change Rule No. 10, that it be stated that a Planning Commission member going before the City Council or any other agency so state im-_ mediately that they do not speak for the Plan- ning Commission, but that they speak as indivi- duals. Commissioner Haidinger stated his understanding that people feel constrained by Rule No. 10 and feel that it is unfair, in which' case, he felt that Rule No. 10 should be deleted. Commissioner Balalis stated his understanding that the reason for originally adopting this rule was that members of the City Council were asking that an individual Planning Commission member speak for the entire Planning Commission. Comm.i.ssioner Beek stated that he has had no per- sona'1 experience with a'member of the Planninn' Commission being reou'ested•to speak for the entire Planning Commission. COMMISSIONERS --i 0 p o o ao o (0 map 0 M = E N CD ROLL Motion ll* �xlAyes xx Absent MINUTES January 24, 1980 NewportCity of • 11\I_J3.1 Motion was made to approve the proposed amendments) to the Planning Commission Rules of -Procedure, in- cluding the deletion of Rule No. 10. * * * ADDITIONAL BUSINESS: 1) Public Hearing on Modification No. 2496 was set for' -the regular Planning Commission meetin/ghlands on February 21, 1980. 2) It was decided that the Plannin recommend to the Traffic Affairs Com they review the traffic in the Coron Cedar Grove area. Motion < 3) Motion was made that the P1 ing Commission Ayes x x x x recommend to the City Council t bonds be re - Absent * uired pursuant to Chapter 70 f the Building Code ?Excavation and Grading) toAssure that,the work currently underway on the ea Island Project and the Ford Road/MacArthur oulevard road widening and intersection impr ement project will be cor- rected if not compl ed in accordance with the ap- proved plans and - ifications. 4) Commissi er McLaughlin inquired where the pending Spe is Area Plan stands relative to the Corona del ar modification, requesting that it be activate . XJame Hewic•ker, Planning Director, responded that th Specific Area Plan for Corona deY.Mar is one the projects that is yet to be done by the Ad-, Vance Planning Division and that there has been no work done on it to date, because of the other projects and priorities assigned to the Depart- ment and to the Division by the Planning Commis- sion and the City Council. He added that at the current -time a majority of the staff effort in the Advance Planning Division is being devoted to the preparation of the Local Coastal Plan, which will be an ongoing project for the remainder of this year. He stated that staff work had been started on the Specific Area Plan for Cannery Vil- lage and was put on the "back burner"', pending N V 0 April 16, 1979 Mr. William Agee, Chairman Planning Commission City of Newport Beach Newport Beach, California 92660 Dear Mr. Agee: Recently the Planning Commission authorized the formation of a temporary sub -commission to investigate ways in which the planning effectiveness of the City could be improved. The sub -com- mission consisted of Commissioners Haidinger, Balalis, and McLaugh- lin. The group has completed its work and this report contains our recommendations. We had two basic objectives in mind. These were to: 1. Facilitate resident input to the planning process, and 2. Increase the speed and reduce the cost of- handling developement applications both on the part of the City and developers. " We decided to rely heavily on suggested improvements from community members who are involved in the planning process. There- fore, we interviewed members of the City Council and the Plan- ning Commission, surveyed every homeowner association and met personally with presidents of many of them, interviewed represen- tatives of large and small land developers operating in the City, and obtained opinions from representatives of CERAC, LCP, and Traffic Affairs committees. We also requested that the Community Development Depart- ment explain the City's permit process to the Planning Commission and public, which was done on April 5. Mr. William Agee Page 2 Planning Commission April 16, 1979 Our Summary Observations There is considerable frustration with the planning process from all segments of the community - residents, developers, staff, and City officials. Residents find it difficult to gain the information they need to adequately analyze and explain their positions. Developers comment that there seems to be a deliberate effort to keep them "off balance" and, thus, forestall their pro- jects. The staff is pulled in different directions by conflicting factions, and the City's Council, commissions and committees often appear at odds with each other. We agree with the many who said that the democratic process is inherently slow and inefficient and that this is the price we pay for its ability to recognize many divergent factions. Therg are, however, three factors which may be particularly compli- cating this process and toward which we have directed our recommen- dations below. These three factors are: 1. The City is viewed by many as being on a "legislative windmill" in which the answer to each problem is a new and often highly complicated law. Compliance with and administration of the laws is cumbersome and their effect could often be accomplished more directly by the appropriate handling of discretionary actions, zoning, and general plan ammendments. 2. The City's various commission and committees do not work together as well as they should. Duplicating responsibilities should be reduced. 3. There is very limited knowledge of and interest in the planning process throughout the City. There is a small group of very involved individuals but few new faces appear during public testimony on most issues. Improved notification procedures and material to explain the planning and development process are needed. Our Specific Recommendations We have five recommendations as follows: 1. Increase the use of informal planning controls We believe planning can be simplified if the City Council and Planning Commission increase the amount of informal guidance given to prospective developers early in the application process. This guidance as to Mr. William Agee Planning Commission Page 3 April 16, 1979 what type of development, if any, is likely to be approved will permit developers and staff to analyze and present proposals with reasonable assurance that their time will not be wasted. This type of informal guidance might best be provided for major projects in joint Council/Planning Commission study sessions. The informality of these sessions could be improved if they are held in the Council Conference room or in some other room which is conducive to casual discus- sion. If this political input can be recognized as such, and given to applicants early in the process, it should be possible then to plan growth and redevelop- ment by directly addressing issues of density, park- ing, environmental effects, aesthetics, etc. as they relate to a specific project. We believe this would be a more effective control than that provided by numerous ordinances controlling traffic volumes, grading requirements, size and volume of residences, family size, etc. 2. Clarify the role of commissions and committees The Planning Commission has recently had several instances in which appointed City committees made recommendations to the Council or outside agencies in conflict with Planning Commission recommendations without first advising the Commission of their differ- ences. While unanimity of opinion will not be pos- sible in all cases we believe that orderly decision making requires that the Planning Commission know if another group has strong opinions on a matter under consideration. We therefore suggest that the Council direct City committees to advise the Commission through the staff of their opinions on subjects we are considering and that the Commission schedule its hearing of issues to permit consideration of committee discussion. Because Planning Commission recommendations on several recent issues have been at variance with actions of other City bodies, we suggested during our interviews with homeowners and developers that perhaps responsibility for reviewing major developments, general plan chang.es, or new ordinances should be assumed directly by the City Council. Reaction to this suggestion was uniformly unfavorable. (One group suggested that the Planning Commission serves a valuable "drum rolling" function in calling attention to major growth issues.) Mr. William Agee Page 4 Planning Commission April 16, 1979 3. Improve homeowner notification There was general concensus that homeowner notifica- tion can, and should, be improved. The improvements should take place both in who is notified and in the form of notification. We recommend that a procedure be established whereby homeowners associations can request notification on any proposed development, zoning change, general plan ammendment, etc. which affects their residents or areas of interest. We further suggest increased effort by the staff to notify all residents who would be affected by proposed City regulations. The lack of public comment on major restrictive measures recently before the Commission leads us to question whether adequate citizen notifi- cation was given. Lastly, the form of the notice should be revised to explain in simple terms how proposed measures could affect the individual property owner. Statements such as "this may prohibit you from...", or "this may permit your neighbor to..." would call attention to issues otherwise not easily understood. We believe a postcard type of notice would be adequate with this wording. 4. Modify some Planning Commission procedures Most Planning Commission procedures were generally well accepted. We recommended some changes as fol- lows: a. Control public testimony by limiting the number of speakers, the time allowed for each side of an issue, or by some other method. b. Allow informal discussion of agenda items during study sessions if this is legally permitted. c. Stop Commission meetings at 11:30 and manage the allocation of time to agenda items to allow completion of the agenda. 1 , 4 Mr. William Agee Planning Commission Page 5 April 16, 1979 d. Leave public hearings open during Commission discussion so the public can comment on issues raised by commissioners. e. Review at each study session a list of the items on which the staff is preparing a special report so no important projects will be overlooked. 5. Continue'effici operation elonment There was overall favorable comment regarding the operation of the Community Development Department. Some comment was made by developers that the plan check process is more elaborate than in other cities. Homeowners commented that the Department provides them information on request but sometimes does not volun- teer information which would be helpful to homeowners. All were suprised at the lack of printed material describing the planning, development, and permit process. Correspondingly many with whom we talked did not have a good understanding of the process. We therefore recommend that the Department prepare descriptive material which will be available to the public and also distribute it to each homeowner association. We are pleased to have undertaken this project and hope our recommendations will be constructive and useful. We will. be pleased to discuss this report at an early study session. If accepted by the Commission we suggest it be forwarded to the Council for review. Very truly yours, rILIIIANNIPAR:►� •�, �l�_1 irman