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HomeMy WebLinkAboutR 2025-062 RESOLUTION NO. 2025-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE BYLAWS FOR THE PLANNING COMMISSION WHEREAS, AGMC Section 2.18.110 provides the City Council with the authority to adopt of bylaws for the Planning Commission (PC); and WHEREAS, proposed amendments to the bylaws for the PC establish that the authority to make future amendments to the bylaws rests with solely with the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The recitals set forth herein are true, correct and incorporated herein by this reference. 2. The bylaws for the PC are hereby amended as set forth in Exhibit A which is attached hereto and incorporated herein by this reference. 3. This Resolution shall be deemed effective upon its adoption. 4. Approving changes to the bylaws of the PC is not subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. Moreover, the action merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, §§ 15060(c)(2) and 15061(b)(3).) On motion of Council Member Maraviglia, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Maraviglia, Guthrie, Loe, and Mayor Ray Russom NOES: None ABSENT: Council Member Secrest The foregoing Resolution was passed and adopted this 9th day of September, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2025-062 PAGE 2 RESOLUTION NO. 2025-062 PAGE 3 EXHIBIT A ARROYO GRANDE PLANNING COMMISSION BYLAWS The Planning Commission, hereinafter referred to as “PC”, shall abide by the City Council adopted bylaws; pursuant to Arroyo Grande Municipal Code Section 2.18.110, for the rules and regulations for the operation and conduct of its business. A. Attendance of Members: Absence from three consecutive regular committee meetings or twenty-five (25) percent of the regular meetings during any one-year period, without the formal consent of the City Council, shall constitute the resignation of such absent member and the position declared vacant. B. Officers: At its second regular meeting in March, the members of the PC shall elect a chairperson and vice-chairperson, who shall hold office for one year. The duties of such officers shall be as follows: Sec. 1: Chairperson: The chairperson shall preside at all meetings; shall call all special meetings, appoint persons to all committees subject to confirmation by the PC, execute documents on behalf of the PC, ensure that all PC business is conducted in accordance with law, assist staff in determining agenda items, and perform such other duties as are assigned by the Commission. Sec. 2: Vice-Chairperson: The vice-chairperson shall preside in the absence of the chairperson, and shall perform such other duties as are assigned to him/her by the chairperson, or PC. Sec. 3: Secretary to the Commission: The Secretary to the Commission shall keep permanent and complete records of the proceedings of the PC, join with the Chairperson in executing all instruments of writing requiring formal execution on the part of the PC, and post PC agendas in the manner required by law. Sec. 4: Secretary to the Commission: The Secretary to the Commission may be designated by the Community Development Director to fulfill such duties as assigned by the PC. C. Meetings: The regular meetings of the PC shall be held on the first and third Tuesdays each month at 6:00 P.M. in the City Council Chambers located at 215 E. Branch Street, Arroyo Grande, California. Sec. 1: A motion will be required to continue discussion of agenda items after 10:00 p.m. RESOLUTION NO. 2025-062 PAGE 4 Sec. 2: A special meeting may be called by the Chair or by the Secretary to the Commission at the written request of at least three members; provided that written notice of such special meeting so called shall be received by each member of the Commission at least 24 hours in advance of the time fixed for the meeting, and which notice shall contain the time, the place, and shall set out the business to be transacted. Notice may be dispensed with by written waiver of each member . Sec. 3: The Secretary of the Commission shall notify the public and the press of all special meetings of the PC, pursuant to the Brown Act. Sec. 4: The Commission may at any meeting adjourn over to the next regular meeting by a majority vote, or, may recess to a stated time, date and place for continuance of the meeting . D. Quorum: Three members of the Commission shall constitute a quorum for the transaction of Commission business. Sec. 1: Should there not be a quorum present, the members present may adjourn to a later date. Sec. 2: In the absence of both the Chair and Vice-Chair at any meeting, but a quorum existing, a chair shall be selected Pro Tem by the Commissioners present and the business transacted as though the regular officers were present. E. Committees: Special committees for particular purposes may be created by the presiding officer with consent of the Commission. F. Voting: The Chair of the Commission, or presiding officer if another Commissioner presides, shall be entitled to vote with the other Commissioners in the transaction of any business and in all matters coming before the Commission. Sec. 1: Commission action for adoption or amendment to the General Plan, Development Code, Specific Plan, and Planned Development (PD) Ordinance projects shall require the affirmative vote of at least three members. Sec. 2: The affirmative vote of a majority of the Commission present shall be required for the approval of all other Commission business. Sec.3: One member may demand a roll call of the ayes and noes on any question. Sec 4: When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, said abstention shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. RESOLUTION NO. 2025-062 PAGE 5 Sec.5: The order of voting shall be that the motion maker shall vote first, the Commissioner seconding the motion shall vote second, the remaining Commissioners alphabetical with the Chair always voting last. Sec.6: The minutes of the Commission's proceedings shall show the vote of each member for roll call votes, including if they were absent or abstained to vote on a matter considered. Sec.7: A member shall disqualify himself/herself from voting in accordance with the Conflict of Interest Law. When a person disqualifies himself/herself, he/she shall state prior to the consideration of such matter by the Commission that he/she is disqualifying himself/herself due to a possible conflict of interest, state the general nature of the conflict of interest, and shall then leave the voting area. G. Minutes: All motions, orders, and resolutions, and such other matters as the Commission orders shall be entered into the minutes. H. Conduct of Meetings: All business of the Commission shall be conducted according to "Robert's Rules of Order.” I. Resolutions: Resolutions shall be numbered consecutively on an annual basis and must be signed by the Chair and Secretary to the Commission and shall be kept in a resolution file, and may be referred to by number . J. Order of Meetings: Unless the Chair directs, the order of business shall be as follows: Sec. 1: The Chair shall take the chair precisely at the time appointed for the meeting and shall immediately call the Commission to order. Sec. 2: Members present and absent shall be recorded. Sec. 3: The minutes of any preceding meeting shall be submitted for approval. Sec. 4: Any member of the audience may comment on any matter that is not listed on the agenda but within the subject matter jurisdiction of the Planning Commission. A time limit of 3 minutes may be imposed on each individual speaker if the Chair so directs. Sec. 5: The public shall be advised of the procedures to be followed in the meeting. Sec. 6: The Commission shall then hear and act upon those items outlined on the agenda. RESOLUTION NO. 2025-062 PAGE 6 Sec. 7: Agenda Item for Approved Minor Use Permits: All approved Minor Use Permits listed on the Agenda for Commission and Public Information shall be subject to a 10-day appeal period. Sec. 8: Planning Commission/Community Development Director Comments and Items. Sec. 9: Adjournment. K.Presentation or Hearing of Proposals: The following shall be the order of procedure for public hearings or other proposals concerning City matters, unless the Chair in his/her discretion shall otherwise directed: Sec. 1: The Chair shall announce the item listed on the agenda. Sec. 2: If a request is made for continuance, a motion may be made and voted upon to continue the item to a definite time and date, or continue indefinitely. If a previously advertised public hearing item is continued indefinitely, the item must be legally re-advertised. Sec. 3: The staff shall be asked to present the substance of the agenda item, staff report, recommendation, and answer technical questions of the Commission. Sec. 4: Order of Testimony: A: Applicant’s statement; B: Statements from the public; C: If determined by the Chair to be necessary, a rebuttal from the applicant; D: Public hearing closed; and E: The Commission shall then deliberate and either take action on the matter or continue the matter to another date and time certain, or indefinitely. L.Rules of Testimony: Sec. 1: Persons presenting testimony to the Commission are encouraged to give their name and address for the record. They may also be requested to voluntarily sign the attendance sheet. Sec. 2: If there are numerous people in the audience who wish to participate on an issue, and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. The spokesperson will have the opportunity of speaking for a reasonable length of time and of presenting a complete case. Sec. 3: To avoid unnecessary cumulative evidence, the Chair may limit the individual and/or total amount of time allocated for public testimony on a particular issue provided it is done so uniformly for all speakers. RESOLUTION NO. 2025-062 PAGE 7 Sec. 4: Irrelevant and off-the-subject comments will be ruled out of order. Sec. 5: The Chair will not permit personal remarks regarding the staff or individual Commissioners during a public hearing. Complaints should be submitted in writing or presented verbally as a separate item on the agenda. Sec 6: No person shall address the Commission without first securing the permission of the Chair to do so. M.Amendments: Any amendments to the bylaws shall be approved by Resolution of the City Council. OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2025-062 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of September, 2025. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th day of September, 2025. JESSICA MATSON, CITY CLERK