HomeMy WebLinkAboutPlanning Comm. Procedures & MinutesCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 3, 2008
Agenda Item No. 9
SUBJECT: Planning Commission Procedures and Minutes
PLANNER: David Lepo, Planning Director
(949) 644 -3228, diepo@city.newport- beach.ca.us
SUMMARY
At the Planning Commission meeting of March 20, 2008, Commissioner Peotter
requested that Planning Commission procedures including the use of verbatim meeting
minutes be placed on this agenda for discussion. Included with this report are the
"Rules of Procedures of the Planning Commission ", excerpts from Robert's Rules of
Order, and a copy of a City Council meeting speaker request card for consideration by
the Commission in determining appropriate actions on this agenda item.
RECOMMENDATION
After discussion, provide direction to staff as to appropriate changes, if any, to Planning
Commission procedures.
Submitted by
SIGWURE
Planning Dire lanning Director
EXHIBITS
1. Rules of Procedures of Planning Commission
2. Roberts Rules of Order excerpt
3. City Council meeting speaker request card
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:
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 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 Mendays 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 At the w,..•.. ,.c 4 -30 p.m. on
44w-preceding 4he seeend and foufth Mendays e PAPh FAsm4h 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.
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.. " the
F: \pin \gvarin \particul \procrule.doc 2
.M«.j..vvw of prvjw., ouvu as its vir`rizviaTI" , prepesed
design f nhwes, site plan and irAe ..it., of A.. ,d,. «+ (4) ask questions or make
e ,
i«t°-es4ed pai4ies. 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
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. As provided herein, Ann 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 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-
F:\ pin \gvarin \particul \procrule.doe 3
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
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. 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 Chairman 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 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.
F: \pin \gvarin \particul \procrule.doc 4
.
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. If the ..,aRer.: , lye,, an appeal and an „cc....,.eAive vote
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:
Call to order by the Chairman.
2. Public comment.
Approval of minutes of preceding meeting.
4. Consideration of matters on the agenda.
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.
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.
F : \pin \gvarin \particul \promie.doc
A
C. All persons attending meetings of the Commission will be asked to identify
themselves, iNeludiNg Yesiaenee, sign the sheet at the podium, 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 Required. A motion by any member of the Commission,
ineluding excluding the presiding officer, may be considered by the Commission
only upon 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. Wier to vet-ixg
on 4he subs it..te «..retie.. member- of the G...nn..nissio n may ask to have 4he
substitute .nn..4:..n t- .ree4ed as a f• iii h the ease treated as 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.
H. E- mails: "E -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 Director or his 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 Director, are more 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 for printing and/or copying
for distribution to Planning Commissioners at the respective Planning
Commission meeting. Information contained in any such a -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
F:\ pin \gvarin \particul \procrule.doc 6
I
information 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.
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.
F:\ pin \gvarin \particul \procrule.doc 7
no
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
F:\ pin\gvarin \particul \procrule.doc 8
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MEETING DATE:
TO: CITY CLERK
FROM:
NAME (PLEASE PRINT)
ADDRESS (OPTIONAL)
SUBJECT: AGENDA ITEM NO.
I expect to address the Council on the subject agenda item.
Please have the Council minutes reflect my name as written above.
Providing your address is optional. If provided, it will NOT be printed in the official
minutes, however it may be used by staff to contact you if follow -up is required.
NOTE. COMPLETION OF THIS SIGN -IN CARD 1S NOT A PREREQUISITE TO ADDRESS THE COUNCIL. THE
INFORMATION IS PROVIDED TO ASSIST WITH THE PREPARATION OF THE MINUTES.
MEETING DATE:
TO: CITY CLERK
FROM:
NAME (PLEASE PRINT)
ADDRESS (OPTIONAL)
.SUBJECT: AGENDA ITEM NO.
I expect to address the Council on the subject agenda item.
Please have the Council minutes reflect my name as written above.
Providing your address is optional. If provided, it will NOT be printed in the official
minutes, however it may be used by staff to contact you if follow -up is required.
NOTE. COMPLETION OF THIS SIGN -IN CARD IS NOTA PREREQUISITE TO ADDRESS THE COUNCIL. THE
INFORMATION IS PROVIDED TO ASSIST WITH THE PREPARATION OF THE MINUTES.