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STAFF REPORT • DATE: April 26, 1993 TO: Thomas D. Burt, City Manager FROM: David Mark Urbia, Management Assistant ITEM: PLANNING COMMISSION BYLAWS NOTE: Applicable references to this staff report include: (1) City Council Minutes - January 12, 1993, page 4, lines 26-50. (2) Planning Commission Minutes - March 16, 1993, page 10, lines 27-50 and page 11, lines 6-10. (3) Planning Commission Bylaws - approved January 12, 1993. (4) Roberts Rules of Order - page 197. BACKGROUND When the City Council approved the proposed Planning Commission Bylaws, the motion included a provision that would require each Planning Commissioner to vote yes or no, and to only abstain during a conflict of interest. In checking Roberts Rules of Order, I found that this provision is not legal, as members in any board are free to vote in any manner. (A member may vote "yes" or "no," or "present" if he/she does not wish to vote). Due to my research, I decided to not include this provision in the bylaws. I reported this fact to the City Manager, and we both sensed this action was appropriate. At the March 16th Planning Commission meeting, a Commissioner protested the City Council motion. The Planning Commission voted to have the City Council reconsider this issue and to rescind the "yes/no vote only" provision. When I read the City Council minutes from January 12th, I interpreted them to mean the City Council wanted the provision included, assuming it was legal and consistent with Roberts Rules of Order.. If the provision wasn't, then it should not be included. RECOMMENDATION The Planning Commission's request to rescind the "yes/no vote only" provision could be taken, but in my opinion is not necessary. The City Council could move to approve the bylaws as they are currently presented. The Council could also take no action, as the bylaws have been aprroved, with or without the provision. I understand the Council's desire to have this type of provision. The Planning Commission is an advisory board to the City Council. If there suddenly is one or more commissioners not • voting, then the Council is not receiving the input it needs. If a situation like this should occur, the Council could consider seeking new applicants for the Planning Commission as terms expire of those commissioners who are not providing input to the City Council.