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HomeMy WebLinkAboutRes No 01PLANNING COMMISSION RESOLUTION NO. 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT ADOPTING THE PLANNING COMMISSION BY-LAWS WHEREAS, the Planning Commission is required by City Council Ordinance No. 42 to adopt By-laws by which to conduct the business of the Planning Commission; and, WHEREAS, the Planning Commission deems such rules and procedures essential to provide order and logic to the Planning Commission Meetings. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert that it does hereby adopt the Planning Commission By-laws, as attached, as being the approved procedures for conducting Planning Commission Meetings. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 3 day of September , 1974, by the following vote, to wit: AYES: Commissioners: Hubbard, Mullins, Seidler, Van de Mark, Wilson NOES: None ABSENT: None Chairman, C. Robert Hubbard Attest: Paul A. Williams Secretary CITY OF PALM DESERT PLANNING COMMISSION BY-LAWS Sept. 3 , 1974 P.C. Res. No. 1 EXHIBIT A TABLE OF CONTENTS 1. MEETINGS 1.1 Regular Meetings 1 1.2 Adjourned Meetings 1 1.3 Special Meetings 1 1.4 Notice of Meetings 1 1.5 Meetings to be Public 2 1.6 Quorum 2 1.7 Attendance 2 2. ORDER OF BUSINESS 2.1 Agenda 3 2.2 Agenda Deadline 3 2.3 Roll Call 3 2.4 Approval of Minutes 4 2.5 Presentation by Members of the Commission . 4 3. PRESIDING OFFICER 3.1 Presiding Officer 4 3.2 Call to Order 4 3.3 Participation of Presiding Officer 4 3.4 Question to be Stated 5 3.5 Signing of Documents 5 3.6 Maintenance of Order 5 4. RULES, DECORUM AND ORDER 4.1 Points of Order 5 4.2 Decorum and Order - Commissioners 6 4.3 Decorum and Order - Employees 6 4.4 Decorum and Order - Public 7 4.5 Personal Privilege 7 4.6 Personal Interest 7 4.7 Limitation of Debate 7 4.8 Dissents and Protests 8 4.9 Procedures in Absence of Rules 8 5. ADDRESSING THE COMMISSION 5.1 Manner of Addressing the Commission 8 5.2 Time Limitation 8 5.3 Addressing the Commission After Motion is Made. 8 5.4 Written Correspondence 8 6. MOTIONS 6.1 Processing of Motions 9 6.2 Motions Out of Order 9 6.3 Division of Question 9 6.4 Precedence of Motions 9 6.5 Motion to Adjourn (not debatable) 10 6.6 Motion to Fix Hour of Adjournment 10 6.7 Motion to Table 10 6.8 Motion for Previous Question 10 6.9 Motion to Amend 10 6.10 Motion to Continue 11 7. VOTING 7.1 Voting Procedure 11 7.2 Roll Call Voting 11 7.3 Failure to Vote 11 7.4 Reconsideration 11 8. RESOLUTIONS 8.1 Resolutions Prepared in Advance 12 8.2 Resolution Not Prepared in Advance 12 8.3 Urgency Resolutions 12 9. RULES AND REGULATIONS 9.1 Duties 13 9.2 Minutes and Records 13 9.3 Rules of Procedure 13 9.4 Amendments 13 10. EXAMPLE OF CONDUCT OF BUSINESS 10.1 Conduct of Business 14 1. MEETINGS 1.1 REGULAR MEETINGS: The Planning Commission of the City of Palm Desert shall hold regular meetings in the Middle School, Multi -Purpose Room, 74-100 Rutledge Way, Palm Desert, California, on the Monday ten days before the second and fourth Thursday of the month. When the day for any regular meeting of the Planning Commission falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall he held on the same hour on the next succeeding business day there- after that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meetings may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.4 SPECIAL MEETINGS: Special Meetings may be called by the Chairman or a majority of Planning Commission members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered. 1.5 NOTICE OF MEETINGS: No notice of regular meetings is required. Mailed or personally delivered notice is required of special meetings. Mailed and posted notice is required of meetings adjourned by the Secretary. Posted notice is required of all other adjourned meetings. 1.6 MEETINGS TO BE PUBLIC: All regular, adjourned, study sessions, and special meetings of the Planning Commission shall be open to the public, provided, however, the Planning Commission may hold executive sessions from which the public may be excluded for the consideration of the following subjects: a. Attorney -Client Matters: To consider proposed or pending litigation in which the City is a party. 1.7 QUORUM: A majority of the Planning Commission shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters require four affirmative votes: Adoption or amendment of any specific or general plan. In the event there is no quorum formed, the Chairman Vice -Chairman or Secretary, as the case may be, may adjourn the meeting and such adjournment shall serve as sufficient notice to continue all matters pending before the Planning Commission to its next regular meeting. 1.8 ATTENDANCE: Commissioners are expected to be in attendance at regular meetings of the Planning Commission. If any member is absent from any Planning Commission Meeting due to illness or an unavoidable absence, he shall notify the Secretary as soon as feasibly possible and such knowledge that he will, in fact, be absent from any Planning Commission meeting, he shall notify the Secretary any time prior to such meeting for which he will be absent. In any case, if any member does not notify the Secretary of his absence, such absence shall be deemed an absence without cause. If any member is absent without cause from three (3) successive meetings of the Planning Commission, the office of such member shall be deemed vacant and the term of such member ipso facto terminated. The Chairman of the Planning Commission shall immediately thereafter inform the Mayor. 2. ORDER OF BUSINESS 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and dis- position in the following order, except with the unanimous consent of the Planning Commission, items may be taken out of order: Call to Order Pledge of Allegiance Roll Call Approval of Minutes Written Communications Public Hearings Old Business New Business Oral Communications Comments Adjournment The Agenda shall be delivered to Commissioners each Thursday preceding the Monday meeting to which it pertains. It shall be made available to the public no later than 5:00 P.M. on the Tuesday preceding the day of the meeting. 2.2 AGENDA DEADLINE: Any person wishing to place an item on the Agenda, shall follow the scheduling deadline established by the Secretary of the Planning Commission. No matters other than those on the Agenda shall be finally acted upon by the Planning Commission; provided, however, that matters not on the Agenda but deemed to be emer- gencies or of an urgent nature by any Commission mem- ber, the City Manager, Secretary or the City Attorney, may be submitted for Planning Commission consideration and action. 2.3 ROLL CALL: Before proceeding with the business of the Commission the Secretary shall call the roll of the Commissioners and the names of those present shall be entered in the minutes. The order of roll call shall be alphabeti- cal with the Chairman called last. - 3- 2.6 APPROVAL OF MINUTES: Unless the reading of the minutes of the previous Commission meeting is requested by a majority of the Commissioners, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof. 2.5 PR_ESENTATION 3Y MEMBERS OF THE COMMISSION: The Chairman or any Commissioner may bring before the Planning Commission any new business under the Comments portion of the Agenda. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent Planning Commission Meeting unless deemed t� be of an urgent nature. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Chairman shall be the Presiding Officer at all meetings of the Planning Commission. In the absence of the Chairman, the Vice -Chairman shall preside. In the absence of both the Chairman and the Vice -Chairman the Planning Commission shall elect a temporary Presiding Officer to serve until the arrival of the Chairman or Vice -Chairman or until adjournment. 3.2 CALL TO ORDER: The meeting of the Planning Commission shall be called to order by the Chairman or in his absence by the Vice -Chairman. In the absence of both the Chairman and the Vice -Chairman the meeting shall be called to order by the Secretary. 'Thereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Commissioners, and he shall not be deprived of any of the rights and privileges of a Commissioner by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Planning Commission, he should consider turning the Chair over to another member. 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer shall also publically state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: Subject to Planning Commission policy, the Chairman shall sign resolutions and minutes approved by the Planning Commission at meetings at which he is in attendance. In the event of his absence, the Vice -Chairman shall sign all such documents as have been adopted and approved by the Planning Commission. In the absence of the Chairman and the Vice -Chairman the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he presided. 3.6 M_AINTENANCE OF ORDER: The Chairman or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to soeak who has not first been recognized b"" the Chair. All questions and remarks should be addressed to the Chair. RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Planning Commission. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. -5- 4.2 DECORUM AND ORDER - COMMISSIONERS: a) Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. b) Every Commissioner desiring to question the administrative staff shall address his question to the Secretary or City Attorney who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. c) A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. d) If a Commissioner is called to order while he is speaking, he shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Planning Commission. e) Commissioners shall accord the utmost courtesy to each other, to City Employees, and to the public appearing before the Planning Commission, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. f) Any Commissioner may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Planning Commission shall require him to so act. g) Members of the Planning Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. 4 3 DECORUM AND ORDER - EMPLOYEES: Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Planning Commission. The Secretary shall insure that all City Employees observe such decorum. Any staff mem- ber including the Secretary desiring to address the Planning Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. 4.4 DECORUM AND ORDER - PUBLIC: Public members attending Commission Meetings shall observe the same rules or order and decorum applic- able to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission Meeting shall be removed from the room by direction of the Presiding Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demon- strations shall not be permitted by the Presiding Officer, who shall direct the removal of such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 PERSONAL PRIVILEGE: The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned. 4.6 PERSONAL INTEREST: No member prevented from voting by personal interest shall remain in the Chambers during the debate and vote on any such matter. In the event of such con- flict the member shall publically state the grounds for the record and upon acceptance by the Chair shall leave the Chambers during debate on the issue. 4.7 LIMITATION OF DEBATE: No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he has the floor, without the approval of the Chair- man. NNW 4.8 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...". 4.9 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule to govern a point or procedure, Roberts Rules of Order shall govern. 5. ADDRESSING THE COMMISSION 5.1 MANNER OF ADDRESSING THE COMMISSION: Any person desiring to address the Commission shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record and shall limit his remarks to the question under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Commissioner, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: Any public member addressing the Commission shall limit his address to five (5) minutes unless further time is granted by the Presiding Officer, or prior arrangements have been made. 5.3 ADDRESSING THE COMMISSION AFTER MOTION IS MADE: After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission of the Commission. 5.4 WRITTEN CORRESPONDENCE: The Secretary is authorized to receive and open all r,,, mail addressed to the Planning Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between Commission Meetings. Any communication requiring Commission action will be reported to the Commission at the next regular meeting at which the Secretary can have a report and recommendation on the matter. 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the maker without the consent of the member seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce a resolution, or motion, out of the regular Agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PRECEDENCE OF MOTIONS: When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: a. Adjourn b. Fix hour of Adjournment c. Table d. Previous Question e. Amend f. Postpone 6.5 MOTION TO ADJOURN: (not Debatable) A motion to adjourn shall be in order at any time except as follows: a. When repeated without intervening business or discussion, b. When made as in interruption of a member while speaking, c. When the previous question has been ordered, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION FOR PREVIOUS QUESTION: Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be debatable only as to amend- ment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment shall not be in order. An amendment modify- ing the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE: Motions to continue to a definite time shall be amendable and debatable as to propriety of postpone- ment and time set. 7. VOTING 7.1 VOTING PROCEDURE: On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alpha- betical with the Chairman voting last. 7.2 ROLL CALL VOTING: Any other question before the Commission shall not require a roll call vote unless demanded by any mem- ber before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE: Every member should vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote shall be avoided as thwarting Commission action, but no Commissioner shall be forced to vote. A Commissioner who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered. 7.4 RECONSIDERATION: Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Commission. 8. RESOLUTIONS 8.1 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, voice vote, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. 8.2 RESOLUTION NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney to prepare a resolution as follows: motion, second, "no objections? - so ordered!". 8.3 URGENCY RESOLUTIONS: In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law or in improvement acts, zoning matters, and force account work or public projects. 0) ��ZY ge 00'S 0tr � A., 0 4,,a �� k0 U fi 0 fi 27 O 6'y•O y 0 ti 0 O 4 0 0 0 fi ',) 0 0 N 0 co' 27 fi 27 3 `r fifi 0 Rv - �C)1 y fi 0 c fi�'�oo Ca 4 27c.))1,)27 0 A A 0400oy CC/ Scy tr 40fi O,0fi^O 0 fi ti 0 0274 %-y ", fi O fix, 0 3 'y Ofi ``v Zr 0 0�' s Ca qa ° '� e00 ti e� w <0. 'W' o o 0 c0 © Z 0 0 0.0''ti 0'' cb y ‹) �-0 ¢00' fi tr Cc, ti0 0 0�A Ofiwo0 Gw �'y 0 fi 0 0 0�` ti 'ti cc, 0 0 0 w ti 0 O ti 4 0 e fi O O A 0 ^r 0 0 ` 4 Re 0 fi (.0. O C.)0 0 'y 0 A 4 o -4 0 0 0 0 0 fi O 27 0 27 27 , O C G fi 0 �.1 ¢0 •y vo ' 0 0 0� 4? a)�' Go y �' ',,, ^sy �/ . v Go • 0 04Z7o4c �q CH 0 4 O //F\f, •q, 0 0 0 A 0 w40 -Q 0�C• 0fi fi roe e Se'ti fi A oO fi 0 'A>� fi 9O 270 0~ 2). � tiff ti ^4 Y.) ti ,- P�fi ti 4 ti fi ti 0 A ca .0A � b. O 27C.,0 40 A, Z7fi 'U et? fi G1 fi O 0 fi 0 Q7 0 o 04 fi* 'y .J 4 Q0 0 e- 0 C.) yo ^a �o 4o 40 ti 4 0 kr y", 00 0 fi ' q 0 0-, fi Re^0 0 ko • x., y k0 ^Q 0 fi K,ti Q OOfi fi 0 0 P� eo-0 0 040 ti-0 fi O GA,, 0O 0 �0 A0 ofiofi 00 fik0 OfifiA 0'v 0 fi ��fi 0 0ti 0qY Ofi yy0 � ' fi� tte �0 0 Gott 4Go. 40 0 ^Y .S 0 fi4, Y ti 0 0 4R�'0fi�ti fi0�fi 0GO,ty cre of the affairs of government. It is the responsibility of the Chairman upon advice of the City Attorney to control debate so that repetitive or irrelevant remarks are not made, and so that everyone has had a chance to speak before others speak for a second time, and to expedite the business at hand. The responsibility of making recommendations is not easy nor without its problems, but it is the responsibility of Commissioners to vote and recommend issues, regardless of personal hesitation. The purpose of government is to balance, legally, fairly and without favor, the limitations, restrictions or losses that are to be placed upon the individual (s) against the good, the benefit or welfare of, or to a majority of the people. In accordance with Section 9.3, the following represents the typical Conduct of Business and should be used as a reference: CALL TO ORDER - The presiding officer shall call the meeting to order by announcing: "The Planning Commission of the City of Palm Desert, California is now in session." ROLL CALL - The presiding officer shall instruct the Secretary to call the roll by announcing: "Roll Call." APPROVAL OF MINUTES OF THE PREVIOUS MEETING - The presiding officer shall announce: "The reading of the minutes of the Planning Commission meeting of (date) is now in order." If there are no corrections, the minutes may be approved as mailed by saying: "Mr. Chairman, I move that the minutes of the Planning Commission meeting of (date) be approved as mailed." "Mr. Chairman, I second the motion." The presiding officer announces: "It has been moved and seconded that the minutes of the Planning Commission meeting of (date) be approved as mailed. If there are no objections, (pause) so ordered." WRITTEN COMMUNICATIONS - The presiding officer shall call for the first order of communications by saying: "Mr. Secretary, are there any written communications now pending before the Planning Commission?" The Secretary will present written communications as they appear on the Agenda. The presiding officer shall inquire: "Does any member wish to make a comment regarding the communication?" If so, each member shall address his remark through the presiding officer by saying: "Mr. Chairman, I etc." -15- Following comments, the presiding officer says: "If there are no further comments, (pause) the communication is ordered to be received and filed." PUBLIC HEARINGS - The presiding officer shall call for the first order of public hearings by saying: "Mr. Secretary, are there any public hearings now pending before the Planning Commission?" The Secretary will present the public hearings as they appear on the Agenda by announcing: "This is the time and place set for public hearing in the matter of (case no.) . All notices have been mailed and published in the manner prescribed by law and (number) written correspondence has been received." The presiding officer declares the public hearing open by announcing: "The public hearing is now open on the matter of (case no.) . Mr. Secretary, will you present the Staff Report." The Secretary will present the Department report on the case pending before the Planning Commission. Upon conclusion of the Department's presentation, the presiding officer shall inquire: "Is the applicant or his representative present and do they wish to speak?" Upon conclusion of the applicant's testimony, the presiding officer shall ask: "Are there any persons present wishing to present evidence in favor of the application?" Upon conclusion of testimony in favor of the application, the presiding officer shall ask: "Are there any persons present wishing to present evidence in opposition to the application?" Upon conclusion of the opposing testimony, the presiding officer shall offer the applicant or his representative rebuttal by inquiring: "If the applicant or his representative has rebuttal testi- mony that he desires to introduce, it will now be received." Upon conclusion of the rebuttal testimony, the presiding officer shall inquire: "Any questions?" Any member may request a clarification of the testimony pres- ented at the public hearing. Each member wishing such clarific- ation shall address his question through the presiding officer by saying: "Mr. Chairman, I have a question for . . . . etc." Upon conclusion of re-examination, should, for any reason, any member of the Planning Commission not be satisfied with the evidence submitted, he should so state by saying: "Mr. Chairman, I etc." During the course of the public hearing, if the Planning Commission is not satisfied that sufficient evidence has been presented, the public hearing may be held open and continued by saying: "Mr. Chairman, I move that the public hearing in the matter of (case no.) be continued to the Planning Commission meeting of (date) to allow the (applicant, opponents, staff, etc.) sufficient time to introduce additional evidence in this matter." "Mr. Chairman, I second the motion." The presiding officer announces: "It has been moved and seconded that the public hearing -17- in the matter of (case no.) be continued to the Planning Commission meeting of (date) ." Voice Vote Assuming that the motion has carried, the presiding officer announces: "(Case No.) has been continued to the Planning Commission meeting of (date) and such action shall constitute sufficient notice to all parties concerned." Again, during the course of the public hearing, should the Planning Commission be satisfied that the evidence presented is sufficient enough to render an action, the Chairman will declare the hearing closed by saying: "I declare the public hearing in the matter of (case no.) closed and no further evidence shall be received." Whenever the Planning Commission is considering a public hear- ing, it shall serve as a quasi-judicial body, and its responsib- ility shall only be to judge the issue solely upon the evidence presented during such public hearing. No open discussion during a public hearing pending before the Planning Commission shall be permitted. The momoers shall bear constantly in mind that the Planning Commission serves successively in two (2) capacities: First, it is a quasi-judicial body when considering public hearings, and; Second, it is a fact-finding body when any action is to be rendered on all matters pending before it. Following action to close a public hearing, the presiding officer shall recognize any member of the Planning Commission who wishes to be heard. Open discussion among the Planning Commission members and staff only shall be permitted. Participation from the audience is expressly prohibited. When debate has termin- ated, action to either approve or deny the application may be initiated by a Commissioner proposing a motion as follows: "Mr. Chairman, I move the adoption of a Resolution of (approval or denial) for the reasons in Staff Report and subject to the conditions therein (additional factual findings, reasons or conditions should be added as appropriate)." "Mr. Chairman, I second the motion." The presiding officer shall state the motion and call for dis- cussion under the question, if any. At this point, if there is no further discussion, the presiding officer shall order the resolution read by saying: "Mr. Secretary, please read the resolution." -18- The Secretary will read the resolution by title only. The Chairman then announces: "It has been moved and seconded to adopt the resolution of (approval or denial)." Voice Vote. If the motion is approved by the vote required by law for the particular action of the Planning Commission, the resolution is passed and adopted. If the motion is not approved by the required number of mem- bers, the motion fails and the resolution is not passed or adopted and subsequent motions may then be introduced and such action shall follow the same course as outlined above. OLD BUSINESS - The presiding officer shall call for the first order of unfinished business by saying: Mir. Secretary, is there any old business now before the Commission?" The Secretary will present all matters, as they appear on the Agenda for which the Planning Commission is required to render an action. NEW BUSINESS - Any new business appearing on the Agenda shall have an action rendered by the Planning Commission, and in any case, the debate is limited to members and Staff only. In the case of any other business which is to be considered by the Planning Commission, any member may introduce such business as he deems important under this order of business. ORAL COMMUNICATIONS - The presiding officer shall call for the second order of communications by saying: "Is there any member of the audience who desires to address the Planning Commission? If so, will you please come forward and state your name and address for the record." Following comments, the presiding officer shall state: "If there are no further comments, (pause) are there any comments from the Commission, (pause) Staff, (pause); if not, the Commission shall entertain the next item of business." The Secretary may, from time to time, present other business matters which in his judgment may be of importance to the Planning Commission, but which were filed after the final -19- date for closing the Agenda. Such matters may be considered for disposition, but in any such case, the Planning Commission shall have the sole discretion as to whether such matters will, in fact, be considered. ADJOUPN'.! NT - Upon concius cn of the dispensing with all business matters pendin, the Planning Commission shall adjourn its meeting. Such adjournment shall automatically constitute, without any further notice, that such meeting shall reconvene at the next scheduled meeting date, time and place.