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HomeMy WebLinkAbout07/01/2003, C11 - PLANNING COMMISSION, ARCHITECTURAL REVIEW COMMISSION AND CULTURAL HERITAGE COMMITTEE BYLAWS AMENDME counat MaooDW�j ' —�3 acEnaa REpoRt Im.N..bv C I T Y O F SAN L U I S O B I S P O FROM: John Mandeville, Community Development Director Prepared By: Ronald Whisenand, Deputy Direct VVV SUBJECT: PLANNING COMMISSION, ARCHITECTURAL REVIEW VIEW COMMISSION AND CULTURAL HERITAGE COMMITTEE BYLAWS AMENDMENTS CAO RECOMMENDATION Adopt Resolutions amending the Bylaws of the Planning Commission and Cultural Heritage Committee DISCUSSION City Charter (Charter, Article XII, Section 1204) requires that every advisory body to the City Council have a set of bylaws that set forth procedures, purpose, specific functions, meetings, officers, budget, etc. The City's Advisory Body Handbook requires that these Bylaws be reviewed by May 1" of each odd-numbered year and that the Commission provide the Council with a recommendation for any changes. The Community Development Department reviewed the current Bylaws with each of the three advisory bodies (Planning Commission, Architectural Review Commission, and Cultural Heritage Committee) that we are responsible for. The Architectural Review Commission (ARC) had recently updated their Bylaws and determined that no additional changes were necessary. The Cultural Heritage Committee (CHC), is recommending easing up the membership requirements (ARTICLE 3 A) which currently state; "If possible, membership of the committee shall include a person knowledgeable in local history..." The committee felt that replacing the word"should" for"shall" would be more appropriate. In addition, the CHC made a similar change to ARTICLE 3 B which states; "If possible, the committee shall include one city resident from each of the three Historical Preservation Districts..." Again, it is recommended that "shall" be replaced with "should." The remaining changes involve correcting typos on subarticle lettering in ARTICLE 6. A legislative draft of the recommended changes to the CHC Bylaws is attached (Attachment 1). The Resolution formally approving the recommended changes is included as Attachment 4. The Planning Commission is recommending changes to both their Bylaws as well as their "Continuing Resolutions" which provide further guidelines to the Commission on how meetings should be run. Recommended changes to the bylaws, which are shown in the attached legislative draft (Attachment 2), includes clean up language in ARTICLE II Elections of Officers. The current provisions have not been followed over the past few years because they have been determined by the City Attorney's Office as.being inconsistent with the Brown Act. The changes eft — r i Council Agenda Report—Planning Commission,ARC, CHC Bylaws Update Page 2 will now be consistent with current practice and with the Brown Act. The Resolution formally approving the recommended changes is included as Attachment 5. The changes to the Planning Commission's Continuing Resolutions relate to rules on videotaped meetings, stepping down in the case where a conflict of interest is possible, and guidelines on asking questions of staff. Action by the Council is not necessary on the Commission's Continuing Resolutions. A copy however is being forwarded to the Council for your information (see Attachment 3). FISCAL IMPACT There are no fiscal impacts with the recommended changes ALTERNATIVES The Council may approve the recommended changes or make other changes that are deemed appropriate. ATTACHMENTS 1. Legislative Draft of Amendments to the CHC Bylaws 2. Legislative Draft of Amendments to the Planning Commission Bylaws 3. Legislative Draft of Amendments to the Planning Commissions Continuing Resolutions 4. Resolution approving changes to the CHC Bylaws 5. Resolution approving changes to the Planning Commission Bylaws G\Groups\Comdev\CD-Plan\rwhisena\Advirsory Body By-laws update 2003.doc Attachment 1 Cultural Heritage Committee Bylaws Amended by Resolution No. (2003 Series) Article 1. Purpose The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: a. Helping the public pursue cultural resource preservation projects. b. Sponsoring educational programs and research, which improves our understanding of the community's history and archaeology. c. On request, commenting on the effects of public and private actions on community cultural resources. d. Helping with the administration of City-sponsored benefit programs. Article 2. Compliance with Other Requirements The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). Article 3. Membership A. The CHC will have seven members appointed by the City Council. If possible, membership of the committee slam should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee shall should include one resident from each of the three Historical Preservation Districts created by Ordinance No. 1086 but the Council is not limited to this district residency requirement when making appointments. Article 4. Terms of Appointment A. Members shall be appointed by the City Council for four-year terms and may be reappointed for not more than two consecutive full terms totaling eight years. Article 5. Officers A. A Chairperson and Vice-Chairperson shall be elected by the committee at its first meeting in April for one-year terms. No person may serve in the- office of Chairperson or Vice-Chairperson for more than two consecutive terms. I �I CHC Bylaws Attachment 1 Page 2 B. The Chairperson shall preside over all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. C. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson and perform such other duties as requested by the Chair. Article 6. Meetings A. The committee shall hold a regular meeting each month. All meetings shall be open to the public and shall be held atmspeelfned,tjme and plaGe with as r-eg iFed by Galifemia ' Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo. California. B. A quorum shall consist of a majority of the seated members. C. All action of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. e E. The Chairperson or any three members of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, policies, and Robert's Rules of Order, Newly Revised. G. All members present must vote, except when a member declares a conflict of interest. Any member declaring a conflict of interest shall not vote or participate in any related deliberations or action of the committee. Article 7. Absences and Resignations A. If a member fails to attend three consecutive regular meetings or a total of six regular meetings within any 12 months, the member shall automatically be considered for replacement. The Chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee Chairperson and City Clerk. at ( -4 CHC Bylaws Page 3 Attachment 1 Article 8. Subcommittees A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non-committee members who shall have no voting power. Article 9. Amendments Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee, provided that such amendments shall have been discussed by the 6,emmissien Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting. C[ ( �s Attachment 2 Planning Commission Bylaws Amended by Resolution No. (2003 Series) I. Meetings A. Regular meetings shall be held at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. .Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings. II. Election of Officers A. GhaiFperseR: The Commission shall. select a Chairperson and Vice- Chairperson from among its members to serve for a one-year term beginning April 1 _ of each year. B. G#;GeFs shall be filled 49m appointed membeffi by serwFet ballet At the YetiAg membership. --Commissioners shall serve as Chairperson or Vice- Chairperson at the discretion of the Commission. C. . Q#iGeFs shall sen.e n ene ye aF farm staFting in pol -The Chairperson shall preside at all meetings of the Commission. The Vice-Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. D. No person shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. III. Conduct of Meetings A. Commissioners should address questions through the Chairperson. B. Members of the audience should address commissioners or other persons present through the Chairperson. Planning Commission Bylaws' Attachment 2 Page 2 C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows:- 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report precisely submitted to the Planning Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote of the majority of those members present. 6. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. Quorum A. Four members of the Planning Commission constitute a quorum for transacting business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. A quorum shall be required whenever the commission transacts business. V. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. L' lt - � Planning Commission Bylaws Attachment 2 Page 3 C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present except for a declared conflict of interest— shall be counted as an affirmative vote. VI. Public Records Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. Attendance A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12-month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially-scheduled (excluding Commission site visits) meetings, or a total of six (6) such commission meetings within any 12-month period, shall be reviewed by the Chairperson for possible referral to the City Council. VIII. Policy All matters of policy not covered by law may be adopted as a "Resolution of Policy' and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. 1 J Attachment 3 San Luis Obispo Planning Commission Continuing Resolutions April 23, 2003 Jim Aiken, Commissioner Michael Boswell, Commissioner James Caruso, Commissioner Carlyn Christianson, Commissioner Allan Cooper, Commissioner Alice Loh, Commissioner Orval Osborne, Commissioner Planning Commission Continuing Resolutions April 23, 2003 Page 2 Attachment 3 Introduction These "Continuing Resolutions" are the Commission's "rules of operation" and, thus, are designed to act as guidelines for the orderly operation of the Commission throughout the year. As such, they must be reviewed, updated (as necessary), and approved at the beginning (April) of each Commission Year. These Continuing Resolutions are to be kept in conformance with the superior documents: The Advisory HANDBOOK Of San Luis Obispo and The BYLAWS of the San Luis Obispo Planning Commission. Any conflict will be decided in favor of the superior document. Approved At Commission Meeting April 23, 2003 I CO Planning Commission Continuing Resolutions April 23, 2003 Attachment 3 Page 3 Meetings, Regular The commission will hold regular Planning Commission Meetings on the second and fourth Wednesday, except months that have five Tuesdays and Wednesday's, when the Commission will meet on the third and fifth Wednesday. (This will avoid staff having to attend both a Commission AND City Council meeting in the same week]. The Commission may schedule additional regular Commission Meetings when necessary. Meetings, Special Meetings/Study Sessions The Commission may schedule Special Commission Meetings and/or Study Sessions as required to complete it's project load. These Special Meetings/Study Sessions should be held during the SAME week as the Regular Meeting. The day/date of the meeting will be determined by the Commission in time for the agenda deadline. The time of the meeting shall be determined by the Commission (usually 4 PM to 6 PM). The Commission prefers a maximum of two meetings per week. Attendance Each Commissioner must attend all regular Commission Meetings. Roll Call will be taken at each regular and special meetings and a record of the attendance will be maintained. This attendance will become part of the report required to be given to the City Council. Commissioners may not miss more than 3 consecutive or a total of not more than 6 regular meetings. Let the CDD secretary know as soon as you know of a possible absence or late arrival. Remember, quorum is four members and some items (Gen. Plan Amend., etc.) require four favorable votes. Attendance at Study Sessions is encouraged. Information at a study session may be necessary as part of a major item (i.e.: a General Plan Element). Missing a Study Session may require listening to tapes or other extensive work to become "up to date" with the item. Roll will be taken, the attendance record will be maintained, and the record of Study Session attendance will be included in the City Council Report. This does not count toward minimum meeting attendance requirements. However, continued and unexcused absence from these meetings may be considered by the Commission and Council as part of their attendance discussions. Payment At the pleasure of the City Council (until changed), Commissioners will be paid for only the first four meetings each month. All other meetings during the month will be un-paid. (Meetings will be "counted" by staff and any combination of the sequence may be used, but only four will be "Paid".) Payment is processed on a quarterly basis. Approved At Commission Meeting April 23, 2003 oil Planning Commission Continuing Resolutions April 23, 2003 Page 4 Attachment 3 Staff Reports/Agenda Packet Staff reports are processed prior to each regular meeting for each item on the Agenda. The group of reports is put into an Agenda Packet. The Packet will be delivered (usually by courier) to each Commissioner on the Friday afternoon prior to the regular meeting. Staff Reports/Agenda Packet for Special/Study Meetings usually will be included in the regular Meeting delivery. If Packet is not delivered by 4:30 PM on the Friday before a Regular Meeting, Staff should be notified prior to 5 PM. Times Regular Meetings start at 7 PM unless otherwise scheduled. Special/Study meetings usually start at 4 PM and END pfesisely a# by 6 PM. A break is taken as close to 9 PM as possible at a Regular Meeting. The current item must be completed or at a "comfortable" position for the PUBLIC to have an item "split by a break". Breaks will be for five minutes minimum to fifteen minutes maximum unless special circumstances exist. Items that start near to 11 PM (or 1/2 hour before end of any session) may require a vote to start said item. NO Item may be started after 11 PM unless a majority of the Commission (must be quorum) votes to start AND finish said item and the usual staff and Commission Comments/Reports. Continued Items/Consent Items Commission will attempt to "complete" all items on its agenda. When it becomes necessary to continue an item the Commission will request that the continued item(s) be placed at the start of it's future agenda. Items discussed should be continued as complete as possible. Technical items or conditions that are unclear (or no findings/conditions at all) may be sent to stafffor completion and the item otherwise approved. That item can then be placed on a future agenda as a consent item. ANY Commissioner may pull ANY consent item for full discussion at the beginning of the meeting during "Acceptance of Agenda". The pulled consent item will be placed on the agenda at the end of the regular agenda "section". (Hearing Item Section/Discussion Items Section, Etc.) Agenda Acceptance At the "Acceptance of Agenda" place on the Agenda the Commission may wish to determine if all the items on the agenda will actually be able to be taken care of in the Approved At Commission Meeting April 23,2003 Planning Commission Continuing Resolutions April 23, 2003 Attachment 3 Page 5 allotted time. Any item determined to not be ready for hearing, too late/too long to fit time allocated, or proposed by staff or applicant for continuance, shall at this time be processed by the Commission by appropriate action and announced to the public. Any changes to the agenda should be announced to the public, so they are kept informed about their item's time of appearance on the night's agenda. After any break, and at the end of the current item, the Chair may request that the Commission look at items still on the agenda and determine if the Commission will be able to complete the agenda as presented. At this time items that will not make the Commission Cut-Off Time should be continued and so announced to the public. Public Comment Period The Public Comment Period shall be at the beginning of the meeting and be on the Agenda immediately following the "Acceptance of the Agenda" item. Minutes/Recordings The minutes shall be accepted/corrected at the beginning of the meeting and shall be "filed as ------". No motion is required. Most all Commission meetings are recorded. Commissioners are reminded to speak directly into the microphone. This will help in the recording AND enable the public to hear all comments. Side Discussions Commissioners are to refrain from having "side discussions". These discussions disturb the flow of the meeting, are picked up on the tape, and are heard by the public. If picked up on the tape they may cloud or otherwise make the discussion on the tape inaudable. Video staff(net sensultant) fer a impFemptu- aping—Gemm6ss,0„–feseaysthe Fig Tapien at e• d eine a meetingmust he nleaFed by the f'`haeFi evnept fe• •enenni-see media. The Commission meetings are.broadcast.live.on the public access channel and video taped for future airing. Approved At Commission Meeting April 23, 2003 c(I r C Planning Commission Continuing Resolutions April 23, 2003 Attachment 3 Page 6 Discussion of Items/Motions Commissioners are encouraged to speak to each item on the agenda, but should endeavor to keep such discussion germane to the item itself and to keep comments short and to the point. A Commissioner may indicate that: I agree with Commissioner - N A M E - (except that... OR and only need to add.... ETC.). This will keep the discussion down and timely. Commissioners are encouraged to propose a motion as soon as the discussion by Commissioners reaches the point where such action will help move the item to completion, hopefully before the discussion gets to the point where it will all be repeated to support/oppose said motion. After Vote/Off Site/Protocol Commissioners agree that being a Planning Commissioner places additional responsibility on each individual, that in public; a Commissioner is perceived to act, as and for, the Commission. Each Commissioner agrees to support the final decision of the Commission, as a whole, where possible without taking any "second stab" positioning. However, each Commissioner is certainly free to act "as an individual and not representing the Commission", and continue to speak to an item. In the event that a Commissioner wishes to continue to speak out on an item, the Commission requests that, as a courtesy, the Commissioner inform the Commission (through the Chair) that said Commissioner will be speaking out on the 'item. Further, if the Commissioner wishes to take such additional action on a completed item, the Commissioner will add to the "as an individual" sentence, an additional comment to the effect that: "The Planning Commission has approved (or disapproved) this item on a #to # vote but 1 feel strongly as an individual that...(continue)". Stepping Down On An Item/Conflict of Interest When stepping down on an item a Commissioner must state that he/she is."Refraining from participating or voting on this item" and depart the room completely until called back after completion of the item. The reason for stepping down as must be presented, . A-reaseR will . The act of stepping down includes , refraining from verbal discussion of the ite . T#is;of h CA ...i.6SiG_.Ae_F to- "think ahead" eR items that are d-A-;-;It ywoeth PF**F Approved At Commission Meeting April 23, 2003 Planning Commission Guntinuing Resolutions April 23, 2003 Attachment 3 Page 7 Questions Commissioners are encouraged to ask staff questions on an item prior to the meeting as much in advance as possible. . This gives staff time to find information, give proper, thought-out answers, and time to let other parties know the information, if necessary. Any significant information, from such an inquiry, should be shared with the Commission at time of the Staff Report. Commissioners should avoid "surprises" at the meetings, but should always obtain the information necessary needed to make proper, knowledgeable decisions. Additional Items: [Space to add policy items added during the year. Indicate date and item specifications for each as added.] City Attorney may want to review these resolutions and confirm that there are no conflicts with Commission By-Laws or Advisory Body Handbook. Be sure to read over the Brown Act items for other items of policy. Review resolutions at Retreat. Approved At Commission Meeting April 23, 2003 /� t Attachment 4 RESOLUTION NO. (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE CULTURAL HERITAGE COMMITTEE WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be reviewed by May I'of each odd numbered year; and WHEREAS, the Cultural Heritage Committee reviewed their bylaws on April 28, 2003 and is recommending Council approval of proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of. San Luis Obispo that the Cultural Heritage Committee's bylaws are amended as contained in Exhibit A. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2003. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jo well, City Attorney Cly -fC� Attachment 4 Exhibit A Cultural Heritage Committee Bylaws Amended by Resolution No. (2003 Series) Article 1. Purpose The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: a. Helping the public pursue cultural resource preservation projects. b. Sponsoring educational programs and research, which improves our understanding of the community's history and archaeology. c. On request, commenting on the effects of public and private actions on community cultural resources. d. Helping with the administration of City-sponsored benefit programs. Article 2. Compliance with Other Requirements The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). Article 3. Membership A. The CHC will have seven members appointed by the City Council. If possible, membership of the committee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee should include one resident from each of the three Historical Preservation Districts created by Ordinance No. 1086 but the Council is not limited to this district residency requirement when making appointments. Article 4. Terms of Appointment A. Members shall be appointed by the City Council for four-year terms and may be reappointed for not more than two consecutive full terms totaling eight years. Article 5. Officers A. A Chairperson and Vice-Chairperson shall be elected by the committee at its first meeting in April for one-year terms. No person may serve in the office of Chairperson or Vice-Chairperson for more than two consecutive terms. r"lL - i '1 CHC Bylaws — Page.2 Attachment 4 B. The Chairperson shall preside over all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. C. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson and perform such other duties as requested by the Chair. Article 6. Meetings A. The committee shall hold a regular meeting each month. All meetings shall be open to the public. Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. B. A quorum shall consist of a majority of the seated members. C. All action of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. E. The Chairperson or any three members of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, policies, and Robert's Rules of Order, Newly Revised. G. All members present must vote, except when a member declares a conflict of, interest. Any member declaring a conflict of 'interest shall not vote or participate in any related deliberations or action of the committee. Article 7. Absences and Resignations A. If a member fails to attend three consecutive regular meetings or a total of six regular meetings within any 12 months, the member shall automatically be considered for replacement. The Chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee Chairperson and City Clerk. CHC Bylaws Page 3 Attachment 4 Article 8. Subcommittees A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non-committee members who shall have no voting power. Article 9. Amendments Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee, provided that such amendments shall have been discussed by the Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting. art - �� C Attachment 5 RESOLUTION NO. (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE PLANNING COMMISSION WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be reviewed by May I'of each odd numbered year; and WHEREAS, the Planning Commission reviewed their bylaws on April 23, 2003 and is recommending Council approval of changes necessary to reflect current Commission procedures consistent with State law and City policy; NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo that the Planning Commission's bylaws are amended as contained in Exhibit A. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2003. David F. Romero, Mayor ATTEST: Lee Price,C.M.C. City Clerk APPROVED AS TO FORM: Jona well, City Attorney Cff - u J Attachment 5 Exhibit A Planning Commission Bylaws Amended by Resolution No. (2003 Series) I. Meetings A. Regular meetings shall be held at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings. II. Election of Officers A. The Commission shall select a Chairperson and Vice-Chairperson from among its members to serve for a one year term beginning April 1 st of each year. B. Commissioners shall serve as Chairperson or Vice-Chairperson at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the Commission.. The Vice- Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. D. No person shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. III. Conduct of Meetings A. Commissioners should address questions through the Chairperson. B. Members of the audience should address commissioners or other persons present through the Chairperson. C. Procedure for reviewing public hearing items: N Planning Commission Bylaws � Page 2 Attachment 5 After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report precisely submitted to the Planning Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on. an item on an affirmative vote of the majority of those members present. 6. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. Quorum A. Four members of the Planning Commission constitute a quorum for transacting business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. A quorum shall be required whenever the commission transacts business. V. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. LI � '2a- �_' Attachment 5 Planning Commission Bylaw's- Page ylaws Page 3 C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any Manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present - except for a declared conflict of interest— shall be counted as an affirmative vote. VI. Public Records Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. Attendance A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12-month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially-scheduled (excluding Commission site visits) meetings, or a total of six (6) such commission meetings within any 12-month period, shall be reviewed by the Chairperson for possible referral to the City Council. Vill. Policy All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. cc< < a3