PC R 99-1687SECTION I
RESOLUTION NO. 99-1687
RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION AMENDING RULES AND
PROCEDURES
WHEREAS. the City Council of the City of Arroyo Grande, pursuant to Sections
65000 through 65906 of the Government Code, appointed the Planning Commission
and provided the powers and duties as outlined in Title 9, Chapter 1, Section 110 of
the Municipal Cod,e; and
WHEREAS, the Planning Commission is authorized to establish Rules and
Regulations, Ordinance No. 207, for its operation and conduct of business;
SECTION II
NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande
resolves that the following amended Rules and Procedures are hereby adopted,
governing the organization of the Planning Commission and the conduct of Planning
Commission meetings:
Rules and Procedures
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A. Attendance of Members:
Absence from three (3) consecutive regular meetings, or 25% of the regular
meetings during any one year period, without formal consent of the City
Council may be deemed to constitute the resignation of such member and the
position declared vacant.
B. Officers:
1.
2.
Selection
a. At its second regular meeting in March the members of the
Planning Commission (hereinafter the "Commission") shall elect a
Chair and a Vice-chair, who shall hold office for one year. Their
duties shall be such as are usually carried out by such officers.
One member shall not serve as Chair for more than two
consecutive years.
Duties
a. Chair
The Chair shall:
1)
2)
3)
4)
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preside at all meetings;
call special meetings except as provided in C.2.a.;
appoint persons to all committees subject to confirmation
by the Commission;
execute documents on behalf of the Commission;
ensure that all Commission business is conducted in
accordance with law;
Resolution No. 99-1687
Planning Commission Rules and Regulations
March 16, 1999
Page 2
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assist staff in determining agenda items; and
perform such other duties as are assigned by the
Commission.
Vice-Chair
The Vice-Chair shall:
1)
2)
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preside at meetings in _the absence of the Chair; and
perform such other duties as are assigned by the Chair or
Commission.
Secretary to the Commission
The Secretary of the Commission shall:
1)
2)
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keep permanent and complete records of the proceedings
of the Commission;
join with the Chair in executing all instruments of writing_
requiring formal execution on the part of the Commission.
Post Commission agendas in the manner required by law
d. Commission Clerk
A Commission Clerk may be designated by the Community
Development Director to fulfill such duties as assigned by the
Commission.
C.
Meetings:
1.
Regular Meetings
a. The regular meetings of the Commission shall be held on the first
and third Tuesday of each month at 7:30 p.m. in the City Council
Chambers, Arroyo Grande, California.
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2.
Special Meetings
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.
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b. The Secretary of the Commission shall notify the public and the
Resolution No. 99-1687 '
Planning Commission Rules and Regulations
March 16, 1999
Page 3
press of all special meetings of the Commission, pursuant to the
Brown Act.
3. Adjournment
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.
The Commission may, by Resolution, amend these Rules and designate a
different day, time or place on which to hold regular meetings; notice of
such change of �egular meetings must be posted on the door of the
present hearing place and given to each local newspaper of general
circulation, radio or television station requesting written notice at least 5
days prior to the next meeting.
D. Quorum:
1. Three members of the Commission shall constitute a quorum for the
transaction of Commission business.
2. Should there not be a quorum present, the members present may
adjourn to a later date, or adjourn to a Workshop/Study Session.
3. 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.
4. If an �item is continued for more than two consecutive Commission
meetings due to a lack of a quorum, it may be referred to the City
Council by the Chair.
E. Committees:
1. Special committees for particular purposes may be created by the
presiding officer with consent of the Commission.
F. Voting:
1. 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.
2. 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.
Resolution No. 99-1687
Planning Commission Rules and Regulations
March 16, 1999
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3.
4.
The affirmative vote of a majority of the Commission present shall be
required for the approval of all other Commission business.
One member may demand a count of the ayes and noes on any
question.
5. 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.
6. The order of voting will be rotated each meeting except that the Chair
shall always vote last.
7. The minutes of the Commission's proceeding shall show the vote of
each member for roll call votes, including if they were absent or declined
to vote on a matter considered.
8. 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 in 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 and must be signed by the Chair
and Secretary of the Commission or Commission Clerk and shall be kept in a
resolution file, and may be referred to by number.
J. Order of Meetings:
1. Unless the Chair directs, the order of business shall be as follows:
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c.
The Chair shall take the chair precisely at the time appointed for
the meeting and shall immediately call the Commission to order.
Members present and absent shall be recorded.
The minutes of any preceding meeting shall be submitted for
approval.
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Resolution No. 99-1687
Planning Commission Rules and Regulations
March 16, 1999
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d. Any member of the audience may comment on any matter which
is not . listed on the agenda. A time limit of 3 minutes may be
imposed on each individual speaker if the Chair so directs.
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e.
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The public shall be advised of the procedures to be followed in the
meeting.
The Commission shall then hear and act upon those items outlined
on the agenda.
Planning Commission/Community
Comments and Items.
Development Director
Adjournment
K. Presentation or Hearing of Proposals:
The fdllowing shall be the order of procedure for public hearings or other
proposals concerning City matters, unless the Chair in his/her discretion shall
otherwise direct.
1. The Chair shall announce the item listed on the agenda.
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.
3. The staff shall be asked to present the substance of the agenda item,
staff report, recommendation, and answer technical questions of the
Commission. •
4. Order of Testimony:
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a.
b.
c.
d.
Applicant's statement
Statements from the public
If determined by the Chair to be necessary, a rebuttal from the
applicant
Public hearing closed
e. The Commission shall then deliberate and either take action on the
matter or continue the matter to anothe� date and time certain, or
indefinitely.
Resolution No. 99-1687
Planning Commission Rules and Regulations
March 16, 1999
Page 6
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Rules of Testimony:
1. Persons presenting testimony to the Commission are requested to give
their name and address for the record. They may also be requested to
voluntarily sign the attendance sheet.
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.
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. '
4. Irrelevant and off-the-subject comments will be ruled out of order.
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.
6. No person shall address the Commission without first securing the
permission of the Chair to do so.
Review and Amendments Procedure:
1. These Rules of Procedure may be reviewed at the second meeting in
March of each year with the consent of the majority of the Commission.
2. In addition, the Rules and Procedures may be amended at any meeting of
the Planning Commission by a majority (3 affirmative votes) of the.
Commission provided that notice of the proposed amendment is received
by each Commissioner not less than 5 days prior to said meeting.
BE IT FURTHER RESOLVED that the Community Development Director shall
furnish copies of this Resolution to the Planning Commission and copies of these Rules
shall be available for public inspection at City Hall.
On motion by Commissioner Keen, seconded by Commissione� Parker, and by
the following roll call vote to wit:
Resolution No. 99-1687
Planning Commission Rules and Regulations
March 16, 1999
Page 7
AYES: Commissioners Costello, London, Keen, Parker and Chair Greene
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16"' day of March, 1999.
ATTEST:
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Kathleen Fryer, Commission lerk
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Larry Greene, Chair
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AS TO CONTENT:
� Jim Hamilton, Commun
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lopment Director