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HomeMy WebLinkAboutPlanning Commission Rules of ProceduresCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 7 November 2, 2006 TO: PLANNING COMMISSION FROM: Patricia L. Temple, Planning Director (949) 644 -3228, ptemple @city.newport- beach.ca.us SUBJECT: Plannina Commission Rules of Procedures ISSUE: Should the Planning Commission amend its rules or adopt Roberts Rules of Omer on the conduct of Planning Commission meetings? RECOMMENDATION 1. Review the draft amendments to the Planning Commission Rules of Procedures; accept, reject or modify the changes; or give staff further direction on amendments; and 2. Reject the adoption of Robert's Rules of Order by the Planning Commission. DISCUSSION Rules of Procedures of the Planning Commission In late summer, the Chairman suggested that the Planning Commission consider changing its Rules of Procedures to require a second to motions made. Because there had also been an issue earlier in the year regarding the status of the Planning Commission's action when both a motion for approval and a motion for denial failed, leaving an application with no action by the Planning Commission, the City Attorney's Office was directed to review the Commission's rules for possible changes. This review has identified several areas where possible changes to the bylaws should be considered. These changes are set forth in the attached copy of the bylaws, with changes noted in stgkeoWunderline. The three parts of the bylaws for which language has been prepared are the scheduling of regular meetings, the action of the Planning Commission in the event of multiple tie votes (failed motions), and the requirement for a second to motions made. in addition to Planning Commission Rules of Procedures November 2, 2006 Page 2 these, the Planning Commission has, from time to time, discussed whether the rule regarding the closure of discussion at 11:30 PM should be strengthened. Because no direction for any alternative different from what is in the rules today has been given to staff, the Commission should also review this section for possible changes. Pursuant to Section 704 of the Charter of the City of Newport Beach, action to amend the Planning Commission Rules of Procedures can be made by motion and action. Robert's Rules of Order Henry Marlyn Robert was an engineering officer in the regular Army. Without warning he was asked to preside over a church meeting and realized that he did not know how. He tried anyway and his embarrassment was supreme. This event left him determined never to attend another meeting until he knew something of parliamentary law. Ultimately, he discovered and studied the few books then available on the subject. From time to time, due to his military duties, he was transferred to various parts of the United States where he found virtual parliamentary anarchy since each member from a different part of the country had differing ideas of correct procedure. To bring order out of chaos he decided to write Robert's Rules of Order as it came to be called. A simplified list of Robert's Rules (from the official web site) is attached. Robert's Rules of Order is an exhaustive compilation of typical parliamentary procedures address virtually all procedural questions that might arise. They provide a framework for highly structured meetings, with the intent to assure the meeting be held in public, that all persons attending the meeting be given equal time to participate, and that those involved in the decision making be given equal footing (i.e., no one member is allowed to dominate the debate). Most decision- making bodies use Robert's Rules as a starting point for establishing Rules of Procedures for that body. The Planning Commission's Rules of Procedures are no different. In the past, the Planning Commission has specifically decided when not to use common rules typical of many decision - making bodies. The most notable of these is the need for the maker of a motion to obtain a second to the motion before debate can commence. While this rule was established long before I attended Planning Commission meetings, (and perhaps before I was even employed by the City), the knowledge passed on to me was that the Planning Commission did not feel that the formality of a second to a motion was necessary, since there was always a Commissioner willing to second almost any motion anyway. However, I do not know if this was truly the reason, so this should be considered a hypothesis. In reviewing this possibility with the Assistant City Attorney, we discussed the complexity of Robert's Rules, and we believe that adopting them in total is not necessary. This opinion is based on the fact that the existing Rules of Procedures have worked well with little question for many years, and changes or additions to the rules Planning Commission Rules of Procedures November 2, 2006 Page 3 can be made relatively easily. It also simplifies the procedural organization of the meetings, because there are relatively few rules to review when a procedural question arises. Full adoption of Robert's Rules sometimes leads to constant procedural challenges during the meetings of some bodies, bringing debate to a stop when parliamentary procedures are questioned and researched. In bodies with sufficient contentious discussions a person, typically the body's legal counsel must serve as parliamentarian. For these reasons, staff does not recommend that the Planning Commission adopt Robert's Rules of Order. Prepared by: Patricia L. Temple Planning Director Attachments: 1. Draft amended Planning Commission Rules of Procedures 2. Simplified List of Robert's Rules of Order RULES OF PROCEDURES OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA 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 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 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 offices of the Commission shall be: I. 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 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. 5 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 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 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 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 a study session is warranted. No official action will be taken at a study session. During a study session, the Planning Commission may also become informed about a major project proposal within the City or its sphere of influence. At the study session, the Planning Commission may, (i) receive information about important aspects of a project, such as its environmental and traffic impacts, proposed design features, site plan and intensity of development, (ii) ask questions F: \pin \gvarin \particul \procmlc.doc 2 or make comments about the, project, and (iii) hear from, or suggest input be sought from, interested parties. 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. No official action may be taken at a study session. 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 Chairman, Vice Chairman, 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. 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 meeting or study session of the Planning Commission shall be open to the public. 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 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 F.\ pin\gvarinlpaRicul \procrule.doc 3 7 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 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 audible 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. D. Any tie vote shall constitute a lost motion and may be reconsidered 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. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision ap ey algid stands as decided by the decision -maker from which the appeal was taken.d'ie F:\ pin\gvarin \particul \procrule.doc 4 R E. A motion to reconsider any action taken by the Planning Commission (other than a tie vote) must be made at the same meeting. 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. 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. Matters which a member may wish to place on a future agenda. 7. Any other business which may properly come before the Commission. 8. Adjournment. X. CONDUCT OF MEETINGS A. All meeting 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, 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. F: \pin \gvarin \particul\procrule_doc 5 I E. Motion: Second Not- Required. A motion by any member of the Commission including the presiding officer, may be considered by the Commission only upon witkeut- 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 mater 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. 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. F : \pin \gvarin \particul \procmle.doc 6 I 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. 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 2, 2006 F. Npin \gvarin \panicul\procrule.doc '7 Simplified Roberts Rules of Order Main ideas: • Everyone has the right to speak once if they wish, before anyone may speak a second time. • Everyone has the right to know what is going on at all times. • Only urgent matters may interrupt a speaker. • The [members] discuss only one thing at a time. How to do things: 1. You want to bring up a new idea before the group. After recognition by the [president], present your motion. A second is required for the motion to go to the floor for debate, or consideration. 2. You want a motion just introduced by another person to be killed. Without recognition from the [president] simply state "I object to consideration." This must be done before any debate. This motion requires no second, is not debatable and requires a 2/3 vote. 3. You want to change some of the wording in a motion under debate. After recognition by the [president], move to amend by 1. adding words, 2, striking words or 3. striking and inserting words. 4. You like the idea of a motion under debate, but you need to reword it beyond simple word changes. Move to substitute your motion for the original motion. If it is seconded, debate will continue on both motions and eventually the body will vote on which motion they prefer. 5. You want more study and/or investigation given to the idea under debate. Move to refer to a committee. Try to be specific as to the charge to the committee. 6. You want more time personally to study the proposal under debate. Move to postpone to a definite time or date. 7. You are tired of the current debate. Move to limit debate to a set period of time or to a set number of speakers. Requires a 2/3 vote. 8. You have heard enough debate. Move to close the debate. Requires a 2/3 vote. Or move to previous question. This cuts off debate and brings the assembly to a vote on the pending question only. Requires a 2/3 vote. 9. You want to postpone a motion until some later time. Move to table the motion. The motion may be taken from the table after 1 item of business has been conducted. If the motion is not taken from the table by the end of the next meeting, it is dead. To kill a motion at the time it is tabled requires a 2/3 vote. A majority is required to table a motion without killing it. 10. You want to take a short break. Move to recess for a set period of time. 11. You want to end the meeting. Move to adjourn. 12. You are unsure that the [presidentlhas announced the results of a vote correctly. Without being recognized, call for a "division of the house." At this point a standing vote will be taken. 13. You are confused about a procedure being used and want clarification. Without recognition, call for "Point of Information" or "Point of Parliamentary Inquiry." The [president] will ask you to state your question and will attempt to clarify the situation. 0 Simplified Robert's Rules of Order page 2 of 2 14. You have changed your mind about something that was voted on earlier in the meeting for which you were on the winning side. Move to reconsider. If the majority agrees, the motion comes back on the floor as though the vote had not occurred. 15. You want to change an action voted on at an earlier meeting. Move to rescind. If previous written notice is given, a simple majority is required. If no notice is given, as 2/3 vote is required. You may INTERRUPT a speaker for these reasons only: • to get information about business - point of information • to get information about rules - parliamentary inquiry • if you can't hear, safety reasons, comfort, etc. - question of privilege • if you see a breach of the rules - point of order • if you disagree with the (presidentf s ruling - appeal You may influence WHAT the [members] discuss: • if you would like to discuss something - motion • if you would like to change a motion under discussion - amend You may influence HOW and WHEN the [members] discuss a motion: • if you want to limit debate on something - limit debate • if you want a committee to evaluate the topic and report back - commit • if you want to discuss the topic at another time - postpone or lay it on the table • if you think people are ready to vote - previous question Parliamentary Procedure Motions ;Adjourn S ' 1M Recess 5 < A M ;Table S ! M 'Close Debate S'2 /3 1Ltmit Debate ,S A 12/3 Postpone To Later Time 'S ID :A M Refer To Committee is D A M Amend Amendment is :D M :Postpone Indefinitely S D !A °M (Main Motion S D A IM • S = Must Be Seconded D =Debatable A = Amendable M =Requires A Simple Majority Vote 213 = Requires A 213 Vote R = May Be Reconsidered Or Rescinded Adapted from Case Western Reserve Graduate Student Senate; changes in [ http://www.cwru.edulorgs/gradsenatelrulesihandbook.htm) IV "REVISED" RULES OF PROCEDURES OF THE PLANNING COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA 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 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 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 offices of the Commission shall be: Chairman 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 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. 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 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 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 pnority 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 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 a study session is warranted. No official action will be taken at a study session. During a study session, the Planning Commission may also become informed about a major project proposal within the City or its sphere of influence. At the study session, the Planning Commission may, (i) receive information about important aspects of a project, such as its environmental and traffic impacts, proposed design features, site plan and intensity of development, (ii) ask questions F: 1pin lgvarinlparticullprocrule.doc 2 or make comments about the project, and (iii) hear from, or suggest input be sought from, interested parties. 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. No official action may be taken at a study session. 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 Chairman, Vice Chairman, 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. 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 meeting or study session of the Planning Commission shall be open to the public. 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 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 F:\ pin \gvarin \particul\procrule.doc 3 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 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 ei 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 audible 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. D. Anv 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. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision Mealed stands as decided by the decision -maker from which the appeal was taken.Ti° °a•°° shall he 'o°' --bons- F. \pin \gvarin \panicul \procrule.doc 4 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." motion to _e ider any ..,.tier taken by the Ulm i _ Genunission (ethef than a tie vote) must be made at the same ineefing. The aefie was taken and may only bL made by ofte of the Planning Commission Members IX. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: Call to order by the Chairman. 3:2. Public comment. 3. Approval of minutes of preceding meeting. -S4. Consideration of matters on the agenda. 5. Additional Business, including: a. Report of Council actions on Planning- related matters b. Committee Reports c. Matters which a member may wish to place on a future agenda-. -:6. Any other business which may properly come before the Commission. 8-.7. Adjournment. X. CONDUCT OF MEETINGS A. All meeting 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. F:\ pin \gvarin \particul \procrule.doc C. All persons attending meetings of the Commission will be asked to 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. Motion: Second Ne+- Required. A motion by any member of the Commission including the presiding officer, may be considered by the Commission only pon wiflieiA- 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. F:\ pin \gvarin \particul \procrule.doc 6 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 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. 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 2, 2006 F:1 pin�gvarinlparticullprocrule.doe 7