HomeMy WebLinkAbout3.0_Review of Rules of Procedures of the Planning Commission_PA2012-065CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
June 21, 2012 Meeting
Agenda Item 3
SUBJECT: Review of Rules of Procedures of the Planning Commission
PA2012 -065
PLANNER: Brenda Wisneski, AICP, Deputy Community Development Director
(949) 644 -3297; bisneski@newportbeachca.gov
PROJECT SUMMARY
On May 3, 2012, the Planning Commission directed staff to draft amendments to certain
sections of the RULES OF PROCEDURES OF THE PLANNING COMMISSION
(Procedures) for the Commission's consideration on June 21, 2012.
In accordance with Section XV, the Planning Commission may propose to amend or
add to the Procedures at a regular meeting. The Procedures require written notice of
the proposed amendment(s) or addition(s) to be filed with the Ex- Officio Secretary, prior
to the Planning Commission taking final action on any proposed changes.
RECOMMENDED ACTION
Review and modify, if necessary, the proposed amendments to the Rules of Procedures
of the Planning Commission for final action on July 5, 2012.
Pursuant to the Commission's verbal direction from May 3, 2012, draft amendments to
the Procedures are shown in a strike -out version as Attachment No. PC 1. The draft
changes are summarized below, and the Commission meeting minutes from May 3,
2012 are included in Attachment No. PC 2.
1. Update the reference from "Planning Director' to "Community Development
Director';
2. Update the reference from "Chairman" and "Vice Chairman" to "Chair" and
"Vice Chair";
3. Clarify the designation and role of the "Recording Secretary';
4. Simplify the reference of the location of Commission meetings to "in the
council chambers of the City Council,...';
5. In Section VIII. Voting Procedure, clarify that four (4) members of the
Commission represent a quorum;
6. In Section IX. Order of Business, update the order to reflect the current
agenda format;
Rules of Procedures for the Planning Commission
June 21, 2012
Page 2
7. In Section X. Conduct of Meetings, subsections E. and F., modify the sections
to allow the presiding officer to make a motion, including substitute motions;
8. In Section X. Conduct of Meetings, add a new procedure related to Public
Comments;
9. In Section X. Conduct of Meetings, add a new procedure related to Use of
Electronic Devices;
10. In Section XIII. Attendance, subsection C., clarify that the Ex- Officio Secretary
shall notify the City Council of any Planning Commission vacancies; and
11.Add a new Section XVI. Minutes, regarding the preparation of the draft and
final minutes.
Also attached for Planning Commission review are the minutes from the May 22, 2008,
Commission meeting, which was the last time the Procedures were amended. The 2008
amendment included Section X. Conduct of Meetings as to the maker of a motion.
The Planning Commission also expressed concern regarding the capacity of the
Council Chambers to accommodate large crowds. We (staff) believe that this will be
less of an issue in the new Civic Center; however, in the meantime we will do our best
to anticipate large crowds and make appropriate accommodations. We do not believe it
is necessary to have a specific provision in the Procedures regarding this concern.
ENVIRONMENTAL REVIEW
Revising the Planning Commission Rules of Procedures is not considered a "project' as
defined by the California Environmental Quality Act (CEQA) in that this action has no
potential to result in direct or indirect physical change to the environment.
PUBLIC NOTICE
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers this item); the item was
shown on the agenda for this meeting, which was posted at City Hall and on the City
website.
Submitted by:
*aW i, I CP, Deputy Director
ATTACHMENTS
PC 1 Rules of Procedures of the Planning Commission (as amended)
PC 2 Planning Commission minutes from May 3, 2012
PC 3 Planning Commission minutes from May 22, 2008
04116/2012
Attachment No. PC 1
Rules of Procedures of the Planning Commission (as amended)
RULES OF PROCEDURES OF THE
PLANNING COMMISSION
CITY OF NEWPORT BEACH, CALIFORNIA
L TITLE
The official title of this Commission shall be "Planning Commission of the City of
Newport Beach, California."
11. 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 A -2, 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 Pla tgCommunity Development Director, the City Engineer,
and the City Attorney, or their representatives, are advisors to the Commission and do not
have a vote.
11I. OFFICERS
A. The offices 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 Chair, who in the absence of the Chair, or his/her inability to
act, shall preside at all meetings and perform all other duties of the
Chair.
3. Secretary, who in the absence of the Chairma and Vice Chair, 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 /her absence, the Secretary may delegate
his /her duties to the PlaxniagCommunity Development Director, and the
1lanning— Community Development Director shall be known as the Ex-
Officio Secretary of the Planning Commission. The Community
Development Director shall designate a City employee to serve as the
Recording Secretary.
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.
IV. ADVISORS
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 14A Bnildin , 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 Tuesday of each month. These meetings shall commence at the
hour of 6:30 p.m. except that the Chairman may call for said meetings to
commence at an earlier hour when it is determined that the Commission's
workload warrants such earlier starting time. When this schedule conflicts with
holidays or the mandates of priority projects, the Commission may alter this
schedule as set forth in sections E and F below. Proper notice of such meeting
shall be given according to the requirements of applicable law.
C. In addition to regular meetings, the Planning Commission may convene a study
session to hear reports from the staff and review, discuss, and debate general
planning and zoning matters of interest to the City preceding any regularly
scheduled meeting when the Planning Commission Chairman makes the
determination that a study session is warranted. No official action will be taken at
a study session.
I: \Users\PLN \Shared\PA's\PAs - 2012TA2012- 065\Rulesbf Procedures - draft June 2012.docQ44eeuawntSaa4
:201 of DOC
During a study session, the Planning Commission may also become informed
about a major project proposal within the City or its sphere of influence, or any
other matter within the jurisdiction of the Planning Commission.:_ No approval of
any type may be given at a study session and none may be inferred. No question,
comment, or suggestion by any member of the Planning Commission, positive or
negative, will be deemed to create any indication the Planning Commission will
approve or disapprove a project.
D. No agenda item shall be introduced after the hour of 10:30 p.m. Furthermore, any
item introduced and being discussed by 11:00 p.m. and not concluded by 11:30
p.m. shall be continued by the Planning Commission to another date. The intent
and purpose of this policy is to facilitate maximum public participation and to
encourage a reasonable hour in which the Planning Commission business is
discussed and to protect against fatigue in discussing and deciding important City
issues. The above time periods may be extended by motion approved by majority
vote of the Commissioners present.
E. Any meeting may be adjourned from time to time by the majority vote of the
members present.
F. 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 Chair, Vice Chair, or
Secretary; notice of such special meetings shall be posted and served upon all
members at least 24 hours before the special meeting, and to each local newspaper
of general circulation, radio, and television station requesting notice in writing.
The notice shall specify the time, place, and matters to be considered at the special
meeting, and only the matters specified may be considered.
VII. AGENDAS
A. As provided herein, 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. A44—AAregular, adjourned, and/or special meeting, or study session of the
Planning Commission shall be open to the public and to the maximum extent
possible afford the public an opportunity to comment on all matters before the
Planning Commission. Every agenda shall provide an opportunity for members of
the public to speak on any off - agenda item of interest to the public.
C. No action may be taken on an off - agenda item unless (a) a majority of those
Commissioner present determine that an emergency situation exists; or (b) two -
thirds of the Commissioners, or all of the Commissioners if less than two- thirds
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Rules3tf Procedures - draft June 2012.docQ44eeuawntSaa4
:201 of DOC
are present, determine there is a need to take immediate action and that the need
for action came to the attention of the City 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
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- majerityfour members 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 see 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
Chair. The result of any vote registered by means of a lighting system shall
be aadible- 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. In case of emergency or
problems with the vote registering lighting system, the Chairman-may determine
any other reasonable manner to vote and register votes on any matters on any
agenda.
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 Chairs state this
determination and 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 ''i°�the council
chambers during the debate and vote on such matter, batand shall request and b€
given the permission of the Chairman to depart until the item is closedstep -down
4F)4N `'•R C-sniniis ina 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.
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Ru1es bf Procedures - draft June 2012.docQ44eeumoRtSaa4
D. Any tie vote shall constitute a lost motion and may be reconsidered at the same
meeting at which the action was taken, by a motion offered by any Planning
Commissioner who voted on the matter. If there is no action by an affirmative
vote, the result is denial.
E. Except for a tie vote, a motion to reconsider any action taken by the Planning
Commission must be made at the same meeting at which the action was taken and
may only be made by one of the Planning Commission members who voted with
the prevailing side.
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. Pledge of Allegiance
4-.3. Roll Call
4. Public comments.
21,5. Request for Continuances
3-.6. Consent Items, including but not limited to Aapproval of minutes of
preceding meeting.
4.7. Consideration of matters on the agenda which may include public hearings
and new business.
-5-.8. Additional BusinessStaff and Commissioner Items, including:
a. Motion for Reconsideration
a.b. Community Development Director's Report of Council actions on
Planning- related matters and other matters of interest to the Planning
Commission.
b-.c.Comrnittee Reports, when applicable.
Ed. Matters which a member may wish to place on a future agenda.
9. Any other business which may properly come before the Commission.
I: \Users\PLN \Shared\PA's\PAs - 2012TA2012- 065\RulesWProcedures- draft June 2012.docQ4)eeumontSaa4
:201 of DOC
6}10. Request for excused absences.
7,11. Adjournment.
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 will be asked to identify
themselves, sign the sheet at the podium, and address Commissioners or other
persons present through the Chair.
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- c., t-Anv motion may be made by any member of the
Commission, Wig– including the presiding officer -. All motions require a
second in order to maybe considered by the Commission only upon ceei in
seeand.
F. Substitute Motions: A substitute motion may be made by any member of the
Commission, including the presiding officer, 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
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.
H. E -mails LE -mails from Planning Commissioners requesting minor clarification
of factual information provided to Planning Commissioners by staff for any
Planning Commission agenda item may be answered by the Planning Community
Development Director or his/her designee prior to the Planning Commission
meeting at which such agenda item is to be considered. E -mails raising new
issues or expanding upon issues addressed in the staff report for an agenda item
that, as determined by the Planning Community Development Director, are more
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Ru1eADf Procedures - draft June 2012.docQ44eeuawntSaa4
Setti.....�kbi...n got......:,..z Cor.inis..ion\,Rui fD., ppd-..Pe.. draft r...
DOC
XI.
appropriately considered by the Planning Commission at a public meeting will be
printed for distribution to Planning Commissioners at the respective meeting.
E -mails sent directly to Planning Commissioners after agenda packets have been
distributed and before the respective Planning Commission meeting shall be
forwarded to the Planning Department-Division for printing and/or copying for
distribution to Planning Commissioners at the respective Planning Commission
meeting. Information contained in any such e -mails from a project applicant
which the Planning Commission determines, in a public meeting, may have
significant bearing on the agenda item under consideration may be cause for the
Planning Commission to continue such agenda item to allow sufficient time for
review and analysis of such information and the applicant shall be deemed to have
consented to such a continuance.L
I. Public Comments: Public comments on any agenda item shall be limited to
three minutes per speaker, unless a request for a time extension is granted by the
Chair.
I Use of Electronic Devices: The use of any type of electronic device by
Commissioner during any meeting of the Planning Commission is intended to
solely support the business of the Commission, and shall not distract a
Commissioner from the meeting. Use of any We of electronic device during any
meeting must adhere to the requirements of -the Brown Act.
The ehairmamChair 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
Chair.
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Rulesbf Procedures - draft June 2012.docQ44eeumoRtSaa4
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.
MR. 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 Ex- Officio 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 proposed to be amended or added to by four affirmative votes
of the Planning Commission at a regular meeting pursuant to the procedures in
Section XVB.
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. MINUTES
A. The Recording Secretary shall prepare draft minutes for regular, adjourned, and /or
special meetings and submit the minutes to the Planning Commission for review and
approval. The minutes shall record all actions of the Planning Commission and
Provide a summary record of any Planning Commission, staff, and/or public questions
and comments made during the meeting.
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Ru1es8)f Procedures - draft June 2012.docQ44eeuawntSaa4
:201 of DOC
B. Once approved by the Planning Commission, the Chair and Secretary shall sign the
final minutes.
Adopted
December 16, 1976
Amended
August 3, 1978
Amended
September 7, 1978
Amended
November 8, 1979
Amended
January 25, 1980
Amended
February 5, 1981
Amended
March 18, 1982
Amended
February 5, 1987
Amended
October 6, 1988
Amended
July 7, 1994
Amended
August 8, 1996
Amended
May 6, 1999
Amended
December 7, 2000
Amended
November 2006
Amended
February 2007
Amended
May 2008
Amended
July 2012
I: \Users\PLN \Shared\PA's\PAs - 2012\PA2012- 065\Rules9)f Procedures - draft June 2012.docQ44eeuawntSaa4
:201 of DOC
Attachment No. PC 2
Planning Commission minutes from May 3, 2012
NEWPORT BEACH PLANNING COMMISSION MINUTES
Mbfiea.made by Commissioner Tucker and seconded
the Plannin mission meeting of June 7, 2012_�
AYES:
NOES:
None.
None.
05/03/2012
Hillgren, and carried (7 - 0) to continue the item to
, Hillgren, Kramer, Myers, Toerge, and Tucker
H. NEW BUSINESS
ITEM NO. 5 Review of Rules of Procedures of the Planning Commission (PA2012 -065)
Chair Toerge read the title to the aforementioned item, noting that he requested the item for the benefit of the newer
Commissioners and addressed references in the document to a "Planning Director" noting the nomenclature is no longer
in existence. He referenced Section 1; Page 7 regarding a staff liaison and felt it should be amended to reflect the City's
organizational chart. Regarding Page 5, he suggested updating references to the "Planning Director, City Attorney and
City Engineer" throughout the document. Chair Toerge addressed Page 7, Agendas, VII (B), regarding affording the
public and opportunity to comment to the maximum extent possible. He referenced a recent project hearing where there
was not adequate seating for everyone and asked regarding the policy upon that occurrence.
Commissioner Tucker referenced the increased capacity of the new City Hall facility and felt the issue would be
addressed. He made grammatical corrections to specific areas in the text and suggested clarifying that when a
Commissioner recuses himself /herself from hearing an item, he /she must be excused from the Chambers, not only the
dais.
Regarding Page 9, Chair Toerge suggested inserting Roll Call between "Call to Order" and "Public Comments ". He
referenced "Additional Business" noting that there is a new style that should be reflected in the document. Regarding
Page 10, he addressed a restriction that does not allow the presiding officer to make a motion. He suggested deleting
exclusion of the presiding officer to make a motion.
Deputy City Attorney Torres noted that the item does not exclude the presiding officer from making a motion, but rather
offers him the privilege to discuss an issue without a second.
Chair Toerge felt that a motion from any Commissioner should require a second before debate. Commissioner Tucker
agreed with Chair Toerge's comments.
Commissioner Kramer inquired regarding the history of the legislative issue and expressed agreement with Chair
Toerge's suggestion.
Regarding F — G, regarding submission of additional documents by applicants less than seven (7) days before a hearing
where the Commission may continue the hearing without the applicant's consent, Chair Toerge noted that e-mail
communication is often received the day of a hearing and felt it important to consider.
Regarding H, Chair Toerge addressed references to a "Planning Director" and his designee, Chair Toerge suggested
adding "or her." He referenced a -mails sent directly to Commissioners, advances in technology and using electronic
devices to research items during hearings. He questioned the appropriateness of doing so and expressed concern
regarding possible perceptions that Commissioners are not listening. He felt that during hearings, Commissioners should
not use electronic devices other than in emergency situations.
Vice Chair Hillgren felt that electronic devices are great tools but agreed that they should not be used during public
hearings and comments, but that during conversations amongst Members and staff, the ability to use them may be
useful.
Commissioner Brown concurred and added that is why staff is present; to provide required information.
Commissioner Tucker also concurred. He referenced a lawsuit in the City of Los Angeles where the City Council was not
focused; he added that the case addressed allowing the public to comment, but not requiring officials to listen. The
resolution was to vote them out of office.
Page 7 of 10
NEWPORT BEACH PLANNING COMMISSION MINUTES
05/03/2012
Chair Toerge felt it important to listen to staff, the public and one another and not be distracted by electronic devices
Commissioner Ameri stated that it is one example of how distractions can occur. He felt the general rule should be to not
use electronic devices during a hearing, but only for emergency situations, outside the Chambers.
Commissioner Kramer indicated that he was not in favor of any restriction and inquired regarding the rule in City Council
meetings. He agreed with using common courtesy but spoke in support of using technology.
Vice Chair Hillgren agreed with Commissioner Kramer's comments regarding having the proper resources, whether
printed or electronic but felt common courtesy should be used in listening to the proceedings.
Chair Toerge noted these are public hearings, for the benefit of the public and expressed concern regarding a potential
for criticism when Members are distracted and not participating. He suggested disallowing the conduction of personal
business and reiterated his position.
Commissioner Tucker suggested language regarding using electronic devices for personal business but understood the
use of electronic devices as resource tools.
Community Development Director Brandt recommended that staff receive all of the comments, draft amendments to the
document, and return in June with a proposed draft that the Commission could consider and vote on.
Vice Chair Hillgren added that there is a need to establish a policy on the style of minutes produced, either general or
verbatim. He suggested adding the item as a topic of discussion.
Chair Toerge commented positively on the transcription of minutes provided currently and agreed with documenting the
issue.
Commissioner Ameri commented positively on the minutes as well.
Motion made by Commissioner Tucker and seconded by Commissioner Brown, and carried (7 - 0) to continue the item
to the Planning Commission meeting of June 21, 2012.
Chair Toerge invited comments from those interested in addressing the Commission on this item.
Jim Mosher commented regarding "Secretary" and noted that the City Charter Section 704, states that the City Manager
will designate a Secretary to record and preserve the minutes and felt that would imply that Commissioner Ameri would
perform that task. Regarding Page 7, regarding Agendas, he addressed an issue regarding the recent Banning Ranch
EIR meeting relative to inclusion of resolutions in the agendas. He suggested the agenda distinguish action items from
discussion items and that a resolution not be considered unless it is noticed on the agenda. Regarding "Voting
Procedures," he suggested specifying the designation of a quorum (i.e., four (4) Commissioners). Regarding
"Disqualification under Conflicts of Interest," he noted that there is a City Council policy wherein even if there is a conflict
that does not rise to the level where a Member does not need to leave the Chambers, it is supposed to be announced
and recorded in the minutes. He also suggested announcing the receipt of Ex -Parte communications. Mr. Mosher
addressed tie votes and suggested inserting language that four (4) affirmative votes are needed for resolutions to pass.
Regarding "Reconsidering Actions," he noted the City Council allows reconsideration at the same meeting or a following
meeting. He felt that if the Commission wants to reconsider an item, it be placed on the agenda for the next meeting.
Regarding "Conduct of Meetings," he questioned the creation of the "three- minute" rule, its enforcement and the number
of public comments allowed. He felt it appropriate to re -open the public comment period, if needed. He referenced the
section on "E- mails" and making amendments to the rules. Regarding the later stated that if a motion is to be made, it
should be announced that it will be at the next "proceeding" meeting.
Steve Ray, Banning Ranch Conservancy, agreed with Commissioner Tucker's comments regarding the use of electronic
devices. He stated that he does not believe the current Commission has a problem with not paying attention, but felt that
the Commission should be allowed to use whatever is comfortable for them. Regarding Page 7 under "Agendas," and
accommodating the public, he stated that the procedure used in the City of Huntington Beach relative to overflow crowds
to allow for public participation as well as in the City of Costa Mesa. He stated that Newport Beach does not have an
allowance for the process and stated it is a fairly easy way to fix and suggested the Commission consider the issue,
Page 8 of 10
NEWPORT BEACH PLANNING COMMISSION MINUTES 05/03/2012
seriously. Regarding 'Voting Procedures," he addressed State requirements regarding conflicts of interest, noting that it
is important for Commissioners to show interest and need to follow State and City legal requirements. He referenced "E-
mails" and he addressed the importance of the information for the Commission and the public. Mr. Ray stated related
procedures in the City of Huntington Beach.
Seeing and hearing no one else wishing to address the Commission on this item, Chair Toerge closed the public
comment period.
Chair Toerge agreed with separating the functions of staff secretary versus the Commission Secretary. He agreed with
the suggestion to list a quorum as constituting four (4) Members. He did not support requiring four (4) votes when there
are five (5) Commissioners present. He addressed motions to reconsider.
It was noted that a motion to reconsider would be to take a vote over at the same meeting or the next meeting. The
Commission's By -Laws call for the motion to reconsider to be made at the same meeting, but would not be re- noticed.
Chair Toerge stressed the importance of communicating the issue to the public so that an applicant is aware.
Community Development Director Brandt suggested placing that in the agenda as an item.
Chair Toerge addressed the length of time given for individual public comment and the appropriate way to handle it is at
the discretion of the Chair.
Commissioner Tucker addressed previous process for motions to reconsider and commented on the number of votes
required. He also agreed with the three - minute rule for individual public comment. Regarding changing plans, he felt
that it would be up to the discretion of the Commission and agreed with the present process.
Commissioner Ameri addressed the issue regarding the number of votes required, he agreed with a majority of the
quorum in order to maintain efficiency.
Motion made by Commissioner Tucker and seconded by Commissioner Brown, and carried (7 — 0), to continue the
Review of Rules of Procedure to June 21, 2012.
AYES:
Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker
NOES:
None.
ABSTENTION:
None.
ABSENT:
None.
Staff noted that the Commissioner comments have been recorded by staff and filed with the Community Development
Director.
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 \ Community Development Director's report.
Community Development DireEt6r43kandt presented an update on 418 Carna venue noting that staff is working
with the property owner and his /her representative to ensure that the pr ' complies with the City's Municipal Code.
She asked the Commission contact her with sp questions r mg the project.
Regarding the pending lot merger for 2808 and 2 cean vard will be before City Council on Tuesday, May
8, 2012.
She stated that the City of N rt Beach Community Development Department to st a special member of the
team, Marina Marrelli fought a long a heroic battle against cancer. Ms. Brandt state Marina was a well -
loved represen of the City, having worked for the City for more than fifteen (15) years. She a missed by
staff an public she served and Ms. Brandt extended sympathy and condolences to her family and d the
qpaiTMssion adjourn in her memory.
Page 9 of 10
Attachment No. PC 3
Planning Commission minutes from May 22, 2008
Pimming Commission Minutes 05/22/2008
Pa( ;e ,! of G
to this project.
Public Comment was closed.
Mr. Lepo noted this item will come hack to the Planning Corm- nissior if the
applicant is unable to build without a request for a variance.
Motion was mado by Cornmissloner Peotter and seconded by COn1111i ienel
oerge to table this item indefinitely.
Ayes:
Peotter, Cole, Hawkins, McDaniel and Toerge
Noes,
None
rxcused;
Eaton and Hillgren
R4A
SUBJECT: Review of preliminary CIP (PA2007 -13,I)
ITEM NO, G
PA2007 -131
Approved
n annual review of Ilse Preliminary Fiscal Year 200II -20 -00 Capital Improvement
Program to determine consistency with the General Plan and Coastal Land Use
Plan, and to make recommendations to the City Council concerning the proposed
public works project,
Ms. Brown gave an overview of the staff report.
Motion was made by Commissioner Toerge and seconded by Commissioner Col
to recommend the Capital Improvement Program as presented for Fiscal Year
0 /09 (PA2007 -131) with the added recommendation that the City Council
consider Incorporating the dredging of the lower bay into this program.
Chairman Hawkins noted that the proposed location of a now city hall at the
Avocado site is inconsistent with the open space designatlon and he will not vote
for finding of consistency.
Mr. Lepo noted that after the recent vote, the Charter says the city hall goes there.
Ayes:
Eaton, Peotter, Cole, McDaniel and Toorge
NOW
I
Hawkins
Excused:
Eaton and Hillgren
ITEM N0, 7
SUBJECT: Planning Commission procedures and minutes
Procedures and
(Continued from 04/03/2000)
minutos
At the Planning Commission meeting of March 20, 2000, Commissioner Peotter
Approved'
requested that Planning Commission procedures including the use of vednatim
meeting minutes be placed on this agenda for discussion. Included with this
report are the "f3ules of Procedures of the Planning Commission," excerpts from
Robot's Rrdos of Or(ler', and a copy of a City Council rneating spoakor re(luesl
card for consideration by the Cornmisslon In determining appropriate actions on
this agenda item.
Commissioner Peotter noted lie is trying to simplify business practice. They
Should be more topical minutes rather that) verbatim minutes.
The speaker card would hall) the socrotary and tho chairman who can order them
in a wary that causes the meeting to flow easier. He can announce the name o
file: / /Y: \UsersTLN \Shared \Plaruung Coiuuission\PC Minules\rnu05222008:hun 07/15/2008
Planning Commission Ivfinutes 05 /22/2008
Pale 5 of 6
the speaker.
Motion was made by Commissioner Peolter to adopt Both suggested procedural
changes as policies In tiro' Conunisslon structure.
Commissioner Cole noted agroolnent on the minutos but not on the speaker card'
is it may discouragd> public parilcipation.
At the request of Chairman Hawkins, the makor of the motion agieod to split the
motion,
Motion was mado by Commissioner Peolter and seconded by Commissioner Cole
10 have actian minutos par Robert's R11018 with exceptions as diSCn$Sed.
Commissioner Toorge noted it is a good practice to have Corm issioners say wha
they want the minutos to reflect so Council knows the Commissioners' feelings
about the issue; likes how the minutes aro Bono now; does not agree with file use
of speaker cards.
Colnmissloner McDaniel noted if we can make the minutes shorter, we can solve
a bunch of problems.
Ayes:
Peolter, Cole and McDaniel
Noes:
hlawkins and Toorge
Excused:
Eaton and 1-III1gren
Motion was made by COMMISSiener Peolter to require speaker cards,
The item died for lack of a second.
Discussion then ensued on whether the Chairman has the right to second a
motion or to make a substitute motion.
Motion was made by Commissioner Cole and seconded by Commissioner Peottoi
to allow the Chairman to second a motion but not be able to make a motion or a
ubstitute motion.
Chairman Hawkins noted he does not support the motion as it makes tile rulos too
Specific.
Ayes:
Plotter; Cole, McDaniel and Toorge
NOes:
Hawkins
Excusod:
Eaton and Hillgren
k M'A
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
n.. City Council Follow -up - Mr. Lopo roported that the ordinances for Hoar.
Hospital were adopted; and, an appeal of file Tommy Bahamas was heard
Mid Goutteil overturned the ruling of the Planning Commission..
1). Matters which a Planning Commissioner would like Staff to report on at
su1)WItlent meeting - Commissioner McDaniel noted the schedule for Jul
with one meeting on the 17 and the June 19 meeting is the last one fc,
Commissioner Cole.
flit:
/ /Y: \tJsersU'LN \Shared \Plnntumg Conmtission \PC Minutes \mn05222008.hha
07/15/2008