The Monterey County Airport Land Use Commission (ALUC) has been established by the Board of Supervisors of the County of Monterey pursuant to state law (sections 21670 through 21679.5 of the California Public Utilities Code). The purpose of the ALUC is to carry out the statutory duties and responsibilities as set forth in state law. As set out in California Public Utilities Code section 21670, the ALUC is created “to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.”

These Rules of Procedure are adopted pursuant to California Public Utilities Code section 21674, which authorizes the ALUC to adopt rules and regulations consistent with state law in order to carry out its responsibilities. Nothing in these Rules of Procedure is intended to contravene any requirement of federal or state law. To the extent there is any inconsistency between these Rules of Procedure and federal or state law, these shall be interpreted in a manner consistent with that federal or state law.

Section 1. The ALUC shall be composed of seven (7) voting members to be selected as follows:

1.1 Two (2) representatives of the cities in Monterey County appointed by a selection committee comprised of the mayors of all cities within the county, except that if there are any cities contiguous or adjacent to a public airport, at least one representative shall be appointed from that city.

1.2 Two (2) representatives of the County of Monterey appointed by the Board of Supervisors of the County of Monterey.

1.3 Two (2) representatives having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airports within Monterey County.

1.4 One (1) representing the public to be selected by the other six (6) members of the commission.

Section 2. Prior to the selection of the member of the public, the staff of the ALUC shall publicly advertise a vacancy for the public member representative. Persons interested in serving as the public member representative shall submit to ALUC staff a written statement explaining their interest and qualifications for service as a member of the ALUC. Staff shall provide a copy of these statements of interest to the ALUC. The Chair may, in his or her discretion, appoint a nominating committee composed of the Chair and two other members of the ALUC to review the statements of interest and make a recommendation to the ALUC. The ALUC shall select the public member by majority vote.

Section 3. Each member, upon appointment, shall promptly designate a single proxy who shall represent the member and vote when the member is absent. The proxy shall be designated in a signed written instrument, which shall be kept on file by the ALUC staff. If a member cannot be present for a meeting and his/her proxy will be attending, staff should be notified within a reasonable period before the meeting. Proxies serve at the pleasure of the appointing member and must have appropriate qualifications. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy. Proxies are voting members only when substituting for the member.

Section 4. All members and proxies shall, during their term, be residents of the County of Monterey unless the ALUC waives this requirement upon a finding that the best interests of the ALUC will be served thereby.

Section 5. All members and proxies shall take an oath of office as required by law.

Section 6. If an ALUC member is absent for two regular meetings, the Chair shall first consult with the member to attempt to determine the cause for the absences, and may then, in his or her discretion, forward a letter to the member’s appointing body requesting correction of the problem, potentially including replacement of the member.

Section 7. The ALUC staff shall notify the member’s appointing body sufficiently in advance (e.g. 6 months) of the end of that member’s term for that body to appoint a successor to take office following the expiration of the term of the outgoing member.

Section 8. Resignation from the ALUC shall be submitted to the resigning member’s appointing body, with a copy to ALUC staff and Chair of the ALUC.

Members are appointed to four-year terms by their appointing authorities. Each member serves until the appointment and qualification of his or her successor. The expiration date of the term of office of each member shall be the first Monday in May of the year in which the term is to expire. If a vacancy occurs, the vacancy shall be filled for the remainder of the unexpired term by appointment by the body that originally appointed the commissioner whose office has become vacant.

All members and proxies are subject to state conflict of interest laws. Members shall not make or participate in decisions relating to project applications under review by the ALUC in which the member has a conflict of interest. The ALUC shall adopt a conflict of interest code pursuant to the California Political Reform Act and submit it to the Board of Supervisors of the County of Monterey for approval. All members and proxies shall comply with the ALUC’s conflict of interest code, including filing a statement of economic interest as required by the code.

Section 1. OFFICERS: The officers of the ALUC shall be Chair and Vice-Chair.

1. The Chair and Vice-Chair shall be elected by, and serve at the pleasure of, the ALUC for a term of one (1) year with a maximum extension of one (1) additional year.
2. Election of officers shall occur at the first meeting after the first Monday in May of each year or, when necessary, at the first meeting following an office becoming vacant.

Section 2. DUTIES OF OFFICERS: The Chair shall:

1. Preside at meetings of the ALUC;
2. Call special meetings of the ALUC if needed and upon consultation with staff;
3. Consult with staff in the preparation of meeting agendas; and
4. Perform such other duties as are customarily performed by a Chair.

Section 3. STAFF: Staff assistance shall be provided by the County and such consultants as County may select. The County Resource Management Agency-Director of Planning or his/her designee shall serve as Secretary of the Commission. If the ALUC requires legal counsel, the ALUC shall consult with the Office of County Counsel for the County of Monterey who shall provide or coordinate the legal advice provided to the ALUC.

Section 4. DUTIES OF STAFF: The staff shall:

4.1. Maintain, in coordination with state and local agencies, a continuing knowledge of applicable state level guidance and local airport land use developments and report items applicable to ALUC functions and decisions;

1. Receive, review, and report on applications and referrals to the ALUC; 
2. Act as Secretary to the ALUC and prepare, post, and distribute agendas for public meetings in accordance with the Brown Act;
3. Prepare and distribute an agenda setting forth all items of business to be transacted or discussed by the ALUC as well as staff reports for each meeting of the ALUC. Staff shall make a best effort to distribute staff reports at least seven (7) days prior to the meeting;
4. Keep minutes of each meeting of the ALUC;
5. Prepare letters regarding official action taken by the ALUC as directed by the ALUC;
6. Maintain copies of the airport land use compatibility plans adopted by the ALUC for each public airport in the County of Monterey. Advise and assist the ALUC in the periodic update of such plans;
7. Maintain the records of the ALUC; and
8. Such other duties as the ALUC may reasonably direct to assist the ALUC to carry out its responsibilities.

Section 1. OPEN MEETINGS: The ALUC shall conduct its business in accordance with the Ralph M. Brown Act (California Government Code sections 54950 et seq.). Roberts’ Rules of Order may be used as guidance in the conduct of meetings to the extent not in conflict with the Brown Act, the State Aeronautics Act, and these Rules.

Section 2. AGENDA: Staff shall prepare the meeting agenda in consultation with the Chair. The agenda shall be prepared and posted in accordance with the Brown Act. The agenda shall include:

1. All matters referred to the ALUC;
2. Matters for discussion requested by the ALUC or a member of the ALUC that are within the jurisdiction of the ALUC;
3. Matters requiring action by the ALUC pursuant to state law;
4. Administrative matters necessary for the conduct of business; and
5. Such other matters as are necessary for the ALUC to carry out its responsibilities.

Section 3. QUORUM AND VOTING: A majority of the full ALUC shall constitute a quorum for the transaction of business. No action may be taken by the ALUC except by the recorded vote of a majority of the full membership of the ALUC. At the time of voting on any issue before the ALUC, each voting member or his/her proxy may cast one vote.

Section 4. LEGAL ADVICE: All questions of law shall be referred to the Office of County Counsel.

Section 5. ORDER OF BUSINESS:

Section 5.1 The regular order of business on the agenda for a regular meeting of the ALUC shall be:

1. Call to Order
2. Roll Call
3. Public Comment on matters not on the agenda
4. Approval of Minutes of the Previous Meeting
5. Consent Items
6. Scheduled Items (The Chair may reorder items to facilitate the conduct of business.)
7. Commissioners’ Comments
8. Announcements
9. Adjournment

Section 6. ORDER OF PRESENTATION OF A SCHEDULED ITEM: A scheduled

item before the ALUC shall be presented and considered in the following order:

1. Reading of the item from the agenda
2. Staff presentation
3. Comments from the applicant
4. Public comments
5. Discussion by the ALUC
6. Additional testimony if requested by the ALUC
7. Further discussion by the ALUC
8. Action by the ALUC

Section 1. ANNUAL MEETING: The ALUC shall hold an annual meeting. The annual meeting of the ALUC shall be the first meeting held after the first Monday in May of each year.

Section 2. REGULAR MEETINGS: At the annual meeting, the ALUC shall establish the regular meeting schedule for the ensuing 12 months. Except as varied by the meeting calendar set by the ALUC, regular meetings of the ALUC will be held on the fourth Monday of each month, at 3:00 p.m., at the Airport Board meeting room of the Monterey Regional Airport.

Section 3. SPECIAL MEETINGS: Special meetings of the ALUC may be called by the Chair or at the request of a majority of the ALUC. Staff shall be consulted prior to the setting of a special meeting. Meetings held at a different location than the Monterey Regional Airport Board room or at a different time or date than set forth in the regular meeting calendar shall be identified as special meetings of the ALUC.

Section 4. CANCELLATION: The Chair, upon consultation with staff, may cancel a meeting if there is no scheduled business before the ALUC. The Secretary or Chair may cancel a meeting if there is no quorum.

In the conduct of its business, the ALUC shall be guided by federal and state law, adopted airport land use compatibility plans, the State of California Department of Transportation Division of Aeronautics Airport Land Use Planning Handbook as applicable, the Brown Act, and Roberts Rules of Order as applicable. All ALUC meetings shall be conducted in accordance with the Ralph M. Brown Act. Except as otherwise provided by the Brown Act, meetings of the ALUC shall be open and public.

Amendment of these by-laws shall be by two-thirds vote of the entire ALUC (i.e., at least five votes in favor) at an ALUC meeting following at least ten (10) working days advance written notice to the members of any amendment.

Monterey County ALUC Rules of Procedure adopted: January 23, 2012