HomeMy WebLinkAboutAmendPCRulesofProcedure12-10-2002 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: December 10, 2002
SUBJECT:
Amendment to Planning Commission Rules of Procedure
(Report Prepared by: Jeff Ram, Planning Manager) (~
ATTACHMENTS:
Revised Rules of Procedure (marked to show revisions)
Resolution Approving Revised Rules of Procedure
City Council Staff Reports dated November 19, 2002 and December
3, 2002
RECOMMENDATION:
Receive staff presentation.
Deliberate.
Approve Attachment 2, Resolution Approving Revised Rules of
Procedure
BACKGROUND:
The Dublin Municipal Code states that the Planning Commission shall adopt rules for the transaction of the
Commission's business. Throughout the years, there have been several amendments to the Rules of
Procedures. The last amendment was on January 12, 1999.
At the City Council meeting of November 19, 2002 (See Attachment 3), the City Council made changes to
the bylaws/rules of procedure of several City Commissions as well as held a first reading on an amendment
to the Municipal Code relating to the Planning Commission. The changes made by the City Council
related to defining term limits for City commissions and rules for maximum numbers of missed meetings.
Unlike other City commissions, where the City Council adopts bylaws for the commissions, the Planning
Commission Rules of Procedures are adopted by the Planning Commission.
As part of the City Council action on November 19, 2002, the Council directed the Secretary of the
Planning Commission to bring amendments to the Rules of Procedure to the Planning Commission for
approval to ensure that all City commissions were operating under the same rules for absenteeism.
Staff has made the changes requested by the City Council and has marked Attachment 1 to show the
recommended changes to the Rules of Procedure. Additionally, Staff' has also changed the Rules of
Procedure to reflect that the Planning Manager shall be Secretary to the Commission rather than the
Community Development Director. The Planning Commission will recall that the Community
Development Director made this change at the January 2001 Planning Commissioner Officer election, but a
change was not made at that time to the Rules of Procedure.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution modifying the Rules of
Procedure as directed by the City Council.
COPIES TO:
G:LPlanning Conunission 2002\pcsrRLrLES OF PROCEDURE.doc
Planning Commission File
ITEM NO.
Il.
lib
REVISED
December 10, 2002
DUBLIN PLANNING COMMISSION RULES OF PROCEDURE
GENERAL PROVISIONS
These rules of procedure shall be known as the "Dublin Planning Commission
Rules of Procedure." A copy of these rules, and amendments thereto, shall be
filed in the offices of the Community Development Department and the City
Clerk for examination by the public.
These rules, and any amendments hereto, shall be effective on the date of the
adoption hereof and shall govern the meetings and conduct of hearings by the
Commission.
ATTENDANCE
Commissioners must attend a75% of reaular and special meetings in a 12-
month period.
The Secretary to the Commission shall provide the Mayor with a monthly
attendance report and quarterly overview of attendance by Commission
members.
C.
The Secretarv to the Commission shall notify the Mayor ifa Commission
member is absent tkom three-consecutive meetings. The Commission
member shall also be notified that they may be recommended ibr removal
from the Commission.
OFFICERS
The Community Development DirectorPlanning Manager will serve as the
Secretary to the Commission.
B. Election and Term of Office
The Chairperson and Vice Chairperson are elected by the majority of the
Commission for a one-year term and hold office until their successors are elected
or until their terms as members of the Commission expire. The officers are
elected at the first meeting of the Commission in January of each year.
Elections; whether regular or to fill vacancies, shall be held only if at least four
Commission members are present.
C. Vacancies
In case of any vacancy in the office of Chairperson, Vice Chairperson or
Secretary, the vacancy shall be filled by an election held at the first regular
meeting after the occurrence of such vacancy. Persons so elected shall serve the
balance of the term.
ATTACR aENT
IVI4.
D. Duties of Officers
The Chairperson performs the following duties:
2.
3.
4.
5.
Presides at all meetings of the Commission.
Appoints committees and chairpersons of committees.
Signs correspondence on behalf of the Commission.
Represents the Commission before the City Council.
Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice
Chairperson presides in place of the Chairperson. In the event of the absence of
or inability to act of both the Chairperson and Vice Chairperson, the remaining
members shall elect one of their members to act as temporary Chairperson.
E. Committees
The Chairperson, upon approval of the Commission, may appoint several of its
members, but fewer than a quorum, to serve as or on a committee. On certain
occasions, such as when a particular kind of expertise or public representation is
desirable, the Chairperson may appoint non-members to the committee.
Committees make recommendations directly to the Commission. A committee
may not represent the Commission before the Council or other bodies unless it
has first received the authorization of the Commission to do so.
MEET1NGS
A°
Beginning in June, 1995, regular meetings shall be held on the second and forth
Tuesdays of each month at 7:00 p.m. in the Council Chambers at the Dublin
Civic Center, 100 Civic Plaza, Dublin, California.
Bo
If the regular meeting place is unable to accommodate the meetings, the
Commission may recess the meeting to another place. If the Commission
anticipates that the regular meeting place will be inadequate, the Commission, or
Chairperson in the event of an emergency, may order that the meeting be held in
another place.
Items for public hearing will normally be considered at the beginning of each
meeting.
Do
Special meetings may be called by the Chairperson or a majority of the members
of the Commission.
E°
A majority of the voting members of the Commission shall constitute a quorum
for the Commission.
F°
No new public hearing item will begin after 10:30 p.m., and the meetings will be
adjourned by 11:00 p.m., except under unusual circumstances where the
Commission votes to hear the item or to extend the meeting for 30-minute
increments.
VI.
VOTING
No official action shall be transacted by less than the affirmative vote of a
majority of the quorum present, and at least three affirmative votes shall be
required to recommend matters to the City Council for adoption.
A motion may refer to items by agenda number. A motion may not be
withdrawn by the mover without the consent of the member seconding it.
Motions on items or matters not involving a hearing may be adopted by voice
vote unless any member requests a roll call vote.
Tie votes result in defeat of a motion, and unless a subsequent motion is passed
regarding an item, results in its denial. Abstentions shall not be counted as either
for or against a motion under any circumstances.
AGENDA
The agenda of each regular or special meeting shall, at a minimum, include:
a. The date, time, and location of the meeting.
A brief general description of each item of business to be transacted or discussed
at the meeting.
A specified period of time for members of the public to address the Commission
on items of interest to the public that are within the jurisdiction of the
Commission, including a provision that no person may speak longer than five (5)
minutes, and including language that the Commission can only briefly respond
with questions, refer to Staff, or place the item on a future agenda.
The agenda of each meeting will normally include the following items:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Call to Order
Roll Call
Pledge of Allegiance
Additions or Revisions to the Agenda
Minutes
Oral Communications
Written Communications
Public Hearings
New or unfinished Business
Other Business (Commission/Staff Informational Only Reports)
Adjournment
At least 72 hours before each regular meeting, and at least 24 hours before each special
meeting, the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin
Civic Center, 100 Civic Plaza, Dublin, California.
The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin
Community Development Department.
VIl.
HEARING PROCEDURES
The Chairperson shall announce the public hearing item. Commission members
shall state any known conflicts of interest and shall not participate in the hearing.
The Chairperson shall determine if the Applicant or representative is in
attendance at the public hearing. If the Applicant or representative fails to attend
the public hearing, the Planning Commission may take action to deny, continue,
or approve the item. The item may be continued if the Planning Commission
receives written notification of the Applicant's inability to attend the meeting.
C. The order of presentation shall be as follows:
2.
3.
4.
5.
6.
7.
Summary Presentation by Planning Staff
Questions by Planning Commission
Comments by Applicant
Comments by Other Proponents
Comments by Opponents
Rebuttal by Applicant if necessary
Additional Comments by Staff as appropriate
Do
The Chairperson or Commission shall close the public hearing and the item is
turned over to the Commission for discussion and action. The audience is not
permitted to make any further comments unless invited by the Commission.
E. The Planning Staffshall retain copies of ail documents or exhibits presented.
All those wishing to give testimony shall identify themselves by name and
address. The Chairperson may require the use of speaker slips.
The Chairperson may limit the time for the presentation of testimony by each
person and shall announce said limitation prior to any presentations. Persons
may speak more than once only after obtaining permission from the Chairperson.
Notwithstanding the above, the Chairperson may terminate the speaking period
of any person when the time taken by the person becomes excessive or when the
testimony becomes repetitious or irrelevant.
Ho
A member of the Commission, Staffor public may ask the speaker questions
only with the consent of the Chairperson. All responses and answers shall be
made to the Commission through the Chairperson.
A member of the Commission may not consider a fact not presented as part of
the record unless he discloses said fact prior to the closing of the public hearing.
No evidence shall be taken after the closing of the public hearing. The public
hearing may be reopened for the taking of further evidence at the discretion of
the Chairperson.
Applause and other demonstrations are prohibited during public hearings. Such
demonstrations tend to intimidate those in the audience who may have valid but
opposing viewpoints.
VIII. DELIBERATIONS AND DECISIONS
The Commission shall not deliberate nor make a decision on the application until
the close of the public hearing.
Deliberations and decisions shall be based on the staff report, documents and
exhibits, evidence presented at hearings and stated open and notorious facts.
VI!IIX. ITEMS NOT ON THE AGENDA
No action shall be taken on any item not appearing on the posted agenda for a
regular or special meeting, unless:
the Planning Commission determines by majority vote that an emergency
situation exists, as defined in Government Code Section 54956.5;
the Planning Commission determines by a two-thirds vote, or by a
unanimous vote if only three members are present, that the need to take
action arose after the agenda was posted; or
o
the item was included in a posted agenda for a prior meeting held within
five (5) calendar days and was continued to the meeting at which the
action is taken.
When an item not on the agenda is raised by a member of the public, the
Commission may briefly respond, :may ask questions for clarification, may refer
the item to Staff, or may request Staff to report back at a subsequent meeting,
unless the Planning Commission determines to take action under Section VIII
(A-2).
RESOLUTION NO. 02-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
AMENDING AND ADOPTING THE DUBLIN PLANNING COMMISSION
RULES OF PROCEDURE
WHEREAS, the Dublin Municipal Code states that the Dublin Planning Commission shall adopt rules for
the transaction of the Commission's business; and
WHEREAS, on November 19, 2002, the City Council directed the Secretary to the Planning Commission
to make certain changes to the Bylaws which are known as the Planning Commission Rules of Procedure; and
WHEREAS, the modified Rules of Procedure are attached as Attachment 1 to the Staff Report and marked
to show all proposed revisions; and
WHEREAS, on December 10, 2002, the Planning Commission reviewed the changes to the Rules of
Procedure.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does hereby adopt the Rules
of Procedure attached as Attachment 1 to the Staff Report.
PASSED, APPROVED AND ADOPTED this 10th day of December, 2002.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
GSPlanning Commission 2002\ 12-10-02bylawsres.doc
ATTACHMENT
CITY CLERK
File #
9/0-?'o
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 19, 2002
SUBJECT:
Amendments to the Bylaws of the Parks & Community Services Commission,
and the Heritage & Culawal Arts Commission; and the Dublin Municipal Code
Chapter 2.12 - Planning Commission
Report Prepared by: Joni Pattillo, ~4ssistant City Manager
ATTACHMENTS:
1.)
3.)
4.)
Resolution Amending Bylaws and Rules of Procedure for the
Parks and Community Services Commission
Resolution Amending Bylaws and Rules of Procedure for Heritage and
Cultural Arts Commission
Rules of Procedure of the Planning Commission
Ordinance Amending the City of Dublin Municipal Code Chapter 2.12-
Planning Commission
RECOMMENDATION:
1)
2)
3)
4)
5)
6)
7)
8)
Adopt the Resolution Amending the Bylaws and Rules of Procedure of the
Parks and Community Services Commission
Adopt the Resolution Amending the Bylaws and Rules of Procedure of
the Heritage and Cultural Arts Commission
Direct the Secretary of the Planning Commission to put forth the
Amendment to the Bylaws and Rules of Procedure of the Planning
Commission as it relates to the reporting of attendance of the
Commissioners to the Mayor.
Open Public Hearing on Amendments to the Municipal Code
Chapter 2.12- Planning Commission
Receive Public Testimony
Close Public Hearing
Deliberate
Waive reading and Introduce Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
At its meeting of November 5, 2002, City Council gave direction to staff to amend the Bylaws of the
Parks and Community Services and Heritage and Cultural Arts Commissions, as well as Dublin Municipal
Code Chapter 2.12 that pertains to the Planning Commission. City Council's intent in making these
H/cc=forms/agdastmt. doc
COPIES TO:
ITEM NO. _~~
P
amendments to the three City Commissions were twofold: 1) to ensure that Commission terms lengths
encourage increased participation by a wider variety of Dubhn citizens; 2) to ensure that proper
procedures are in place with attendance at both the regular and special Commission meeting.
City Council wanted the following amendments to apply to all three Commissions:
Commissions may serve a maximum of eight (8) years with two (2) year t~nns.
Commissioners must attend 75% of regular and special meetings in a 12-month period.
The Secretaries to the Commissions shall provide the Mayor with a monthly attendance report
and quarterly overview of attendance by Commission members.
c~ The Secretaries to the Commissions will notify the Mayor if a Commission member is absent
from three-consecutive meetings. The Commission member shall also be notified that they
may be recommended for removal fi-om the Commission.
Staff is also recommending another clean-up amendment to all three Commissions to change the term
ending date from November to December. That proposed amendment has akeady been incorporated in
the language listed below.
Parks and Community Services Commission
Term of Office and Removal as currently stated in Section Ill of the Bylaws and Rules of
Procedure:
Ao
Commission members shall be appointed for terms which mn four (4) years
beginning in December of even numbered election years and ending in November
of an even numbered election year. Two (2) Commissioners shall initially be
appointed to two (2) year terms. At the end of a Commissioner member's term, the
Commission member may be reappointed to the Commission in the same manner
as the initial appointment. There shall be no limit to the number of terms a
Commission member may serve.
The term of the student member shall be for one (1) year, commencing July 1st and
terminating on the following June 30th.
Co
Any member of the Commission may be removed from office by the Mayor, with
the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City
Council.
Do
If a member of the Commission is absent from all regular, meetings for a period of
90 days from the last regular meeting without permission from said Commission, or
if a Commissioner member ceases to reside in the City of Dublin, said
Commissioner's office shall be declared vacant.
The proposed amendments to the Term o_f Office and Removal in Section 1II of the Bylaws and
Rules qf Procedure:
Commission members shall be appointed for terms which mn four (4) years
beginning in December of even numbered years and ending in December ~
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of an even numbered year. q-~"~ t~x ,-,~;--; ...... 1~11 :~;~1~11.. 1~ ' ~
Co~ssion member m~y be ~appoint~d to ~ Co~ssion in ~ s~ m~
Com~2ssizn member may :zr:z. Commission m~be~ shall be eli~ble to se~e a
m~imm of eight (83 ve~s ~ ~o (2) 4-ve~ te~s.
The term of the student member shall be for one (1) year, commencing July 1st and
terminating on the following June 30th.
Any member of the Commission may be removed from office by the Mayor, with
the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City
Council.
Commission members must attend 75% of all regular and suecial meetings in a 12
month period. The Secretary to the Commission shall nrovide the Mayor with
monthly attendan, c~O reports and a ouarterlv overview of attendance by Commission
members. The Secretary to the Commission shall notify the Mayor if a
Commission member is absent from three consecutive meetings. The Commission
member shall also be notified that they may be removed from the Commission.
Heritage and Cultural Arts Commission
Term of Office and Removal as currently stated in Section III of the Bylaws and Rules of
Procedure:
ao
Commission members shall be appointed for terms which nm four (4) years
beginning in December of even numbered years and ending in November of an
even numbered year. Three (3) Commissioners shall initially be appointed to two
(2) year terms. At the end of a Commissioner member's term, the Commission
member may be reappointed to the Commission in the same manner as the initial
appointment. There shall be no limit to the number of terms a Commission
member may serve.
Any member of the Commission may be removed from office by the Mayor, with
the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City
Council.
Co
If a member of the Commission is absent from all regular meetings for a period of
90 days from the last regular meeting without permission from said Commission, or
if a Commissioner member ceases to reside in the City of Dublin, said
Commissioner's office shall be declared vacant.
The proposed amendments to the Term of Office and Removal in Section III o_f the Bylaws and
Rules of Procedure:
Commission members shall be appointed for terms which nm four (4) years
beginning in December of even numbered election years and ending in December
Co
~ of an even numbered election year. Tw.~
Luiti~!y ;' ..... :~+a.~ +,. ,..,.. ~',~ ..... t~-,.. At the end of a Commissionei,
member's term, the Commission member may be reappointed to the Commission in
the same manner as the initial appointment -r~ ....
........ o~:~.: ..... ~. .......... Commission members shall be eligible
to serve a maximum of eight (8) years with two (2) 4-year terms.
The term of the student member shall be for one (1) year, commencing July 1st and
terminating on the following June 30th.
Any member of the Commission may be removed l~om office by the Mayor, with
the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City
Council.
Commission members must attend 75% of all reanlar and soecial meetines in a 12
month vedod. The Secretary to the Commission shall orovide the Mayor with
monthly attendance reuorts and a quarterly overview of attendance bv Commission
members. The Secretary. to the Commission shall notify the Mayor if a
Commission member is absent from three consecutive meetinas. The Commission
member shall also be notified that they may be removed from the Commission.
Planning Commission
The Planning Commission, unlike the Park and Community Service and Heritage and Arts
Commissions adopts and amends the Rules of Procedure for Planning Commission rather than City
Council. It is recommended that the City Council direct the Secretary to the Planning Commission to
make the following amendments to the Planning Commission Rules of Procedure to read as follows:
"The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a
quarterly overview of attendance by Commission members. The Secretary to the Commission shall
notify the Mayor if a Commission member is absent from three consecutive meetings. The
Commission member shall also be notified that they may be removed from the Commission."
Thc following items listed below illustrates'the current language in Section 2.12.020 of thc City of
Dublin Municipal Code and the proposed amendment and additions to this section:
Term of Office and Removal as currently stated in Section 2.12. 020 of the City of Dublin
Municipal Code:
ao
They shall be appointed for a term of four (4) years except that two (2) of the
members first appointed following enactment of the ordinance codified in this
section shall serve for a two (2) year tenn. Terms shall begin in December of even-
numbered election years and end in November of even-numbered years (or until
successors are appointed). If a vacancy occurs otherwise than by expiration of
term, it shall be filled by appointment for the unexpired portion of the term.
Bo
Members shall be appointed to the Planning Commission by the Mayor, subject to
the approval of the Council The Mayor may, with approval of the majority of the
City Council, remove a Planning Commissioner at any time during the
Commissioner's term of office. Removal and appointment of Planning
Commission members shall be made only at a regularly scheduled meeting of the
City Council. Members of the Planning Commission shall be residents of the city.
Proposed amendment to the Term of Office and Removal as currently stated in Section
2.12. 020 of the City of Dublin Municipal Code:
Ao
They shall be appointed for a term of four (4) years_, except ,un,~. ,..~...v t.~tn~ ~^~ ,u~v
section~.~."*'"n ser'/e ~.c^- ~ ~;,,^. v ~/°x ..... j ,~ *,,~.~.~-'m. Terms shall begin in December of even-
numbered election years and end in'~ D_e,e_emb~ of even-numbered years
(or until successors are appointed). If a vacancy occurs otherwise than by
expiration of term, it shall be filled by appointment for the unexpired portion of the
term.
Members shall be appointed to the Planning Commission by the Mayor, subject to
the approval of the Council. The Mayor may, with approval of the majority of the
City Council, remove a Planning Commissioner at any time during the
Commissioner's term of office. Removal and appointment of Planning
Commission members shall be made only at a regularly scheduled meeting of the
City Council. Members of the Planning Commission shall be residents of the city.
A new Section 2.12.020C is beingproposed to the Municipal Code to read as follows:
" Section 2.12.020C
· Plannine Commissioners must attend at least 75 r~ereent ofreeular and st~ecial
Plannine Commission meetin~,s in any 12-month neriod. Any Plannine
Commissioner who is absent from 25% or more meetings within a 12-month t~eriod
or is absent from three (3) consecutive Plannln~ Commission meetings may be
removed from the Plannine Commission tmrsuant to Section 2.12.020B of the
Municir~al Code."
new Section 2.12. 060 being proposed to be added to the Municipal Code to read as follows:
"Section 2.12.060 Term Limits
No person shall serve as a Platmine Commissioner for more than two (2)
consecutive terms. As used herein, a r~erson shall be considered to have served a
"term" of office as a Planning Commissioner if such t~erson has served as a
Planning Commissioner for four (4~ years r~lus one (D day."
In closing, Staff recommends that the City Council:
Ao
Adopt the Resolutions amending the Bylaws and Rules of Procedure of the Parks
and Community Services and Heritage and Cultural Arts Commission.
Direct the Secretary of the Planning Commission to put forth the Amendment to the
Bylaws and Rules of Procedure of the Planning Commission as it relates to the
reporting of attendance of the Commissioners to the Mayor.
Open the public heating on the amendments to the Municipal Code Chapter 2.12-
Planning Commission, receive public testimony, dose public hearing, deliberate,
waive the reading, and Introduce the Ordinance amending Dublin Municipal Code
Chapter 2.12- Planning Commission.
RESOLUTION NO. - 2002
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE PARKS AND COMMUNITY SERVICES COMMISSION
AND RESCINDING RESOLUTION NO. 178-02
WHEREAS, Resolution No. 57-83 was adopted by the City Council on October 10, 1983
which created a Parks and Recreation Commission and adopted Bylaws and Rules of Procedure for said
Commission; and
WHEREAS, the Bylaws and Rules of Procedure were mended by Resolution No.'s 137-88, 135-
90, 129-92, 137-92, 93-94, 130-98 and 178-02; and
WHEREAS, it is desirable to limit the number oft~,ms Commission members can serve to a
maximin of eight (8) years with two (2) 4-year terms and to clarify the attendance requirements of
Commission members; and
WHEREAS, Section Ill of the Bylaws and Rules of Procedure dealing with Terms of Office and
Removal has been modified to reflect these changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the amended
Bylaws and Rules of Procedure for the Parks and Community Services Commission as contained in
Exhibit A, attached hereto.
BE IT FURTHER RESOLVED that the provisions contained in resolution No. 178-02 are hereby
rescinded.
PASSED, APPROVED AND ADOPTED this day of~
2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mawr
City Clerk
ATTACHMENT 1
I.
mo
GENERAL PROVISIONS
An
These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and
Community Services Commission of the City of Dublin. A copy of these Rules and amendments
thereto, shall be filed in the offices of the City Clerk for examination by the public.
Bo
These Rules and any amendments hereto shall be effective on the date of the adoption hereof,
and shall govern the meetings and activities of the Commission.
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
The Parks and Community Services Commission shall be composed of six (6) members, one of
whom is a high school student from the Dublin Unified School District.
Bo
The Mayor shall make all appointments to the Commission, with the approval of the City
Council.
Commission members may resign at any time by giving written notice to the Mayor and City
Clerk.
TERM OF OFFICE AND REMOVAL
A. Commission members shall be appointed for tcn~s which mn four (4)years beginning in
December of even numbered election years and ending in Novembe~ December of an even
temp. At the end of a Commissioner-member's term, the Commission member may be
reappointed to the Commission in the same manner as the initial appointment. There g~-~ll
eligible to serve a maximum of eieht (8'~ years with two (2) 4-year terms.
The temi of the student member shall be for one (1) year, commencing July 1st and terminating
on the following June 30th.
Co
Any member of the Commission may be removed from office by the Mayor, with the approval of
a majority of the City Council. Removal and appointment of Commissioners shall be made only
at a regularly scheduled meeting of the City Council.
Do
Commission members must attend 75% of all regular and special meetings in a 12 month neriod.
The Secretary to the Commission shall provide the Mayor.with monthly attendance reports and a
quarterly overview of attendance by Commission members. The Secretary to the Commission
Bylaws and Rules of Procedure - Draft
Parks and Community Services Commission
Page I of 3
November 19, 2002
Vo
VI.
2V/
shall notify the Mayor if a Commission member is absent from three consecutive meetings. The
Commission member shall also be notified that they may be removed from the Commission.
VA CANCIES
Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired
portion of the term in the same manner as the original appointment.
OFFICERS
Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at
the first meeting in December of each year or, if a quorum is not present, at the next meeting at
which a quorum is present. The Chairperson and Vice Chairperson shall serve until their
successors are elected, or until their terms as members of the Commission expire, Whichever is
first.
The secretary to the Commission will be the City Manager or his designee.
Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy
shall be filled by an election held at the first regular meeting after the occurrence of such
vacancy. The person so elected shall serve the balance of the term.
C. Duties of Officers. The Chairman performs the following duties:
2.
3.
4.
5.
Presides at all meetings of the Commission.
Appoints committee and chairpersons of committees as necessary.
Signs correspondence on behalf of the Commission.
Represents the Commission before the City Council.
Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson
presides in place of the Chairperson. In the event of the absence of or the inability to act of both
the Chairperson and the Vice Chairperson, the remaining members shall elect one of their
members to act as temporary Chairperson.
The Committees. The Commission or the Chairperson, upon direction of the Commission, may
appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain
occasions, such as when a particular kind of expertise or public representation is desirable, the
Commission may appoint non-members to the Committee. Committee's make recommendations
directly to the Commission.
A Committee may not represent the Commission before the Council or other bodies unless it has
first received the authorization of the Commission to do so.
MEETINGS
Ao
The Commission shall hold regular meetings at least once per month at a designated time and
place which shall be fixed and determined by the Commission and entered upon its minutes.
All meetings of the Commission shall be open to the public. Special meetings of the Commission
may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of
any such special meeting shall be given as required by law.
Bo
A majority of the voting members of the Commission shall constitute a quorum for the purpose
of transacting business. The secretary shall keep minutes of all regular and special meetings of
the Commission, and these shall be sent to all members and administrative officers in advance of
the meeting in which they are to be approved.
2
Xo
GENERAL RESPONSIBILITIES OF THE COMMISSION
The Commission shall consider and make recommendations as it deems necessary to the City Council
and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and
adequate program of parks, recreation and community services for the citizens of Dublin. Such
recommendations would include, but are not limited to the following: recommendations for the
development, improvement and/or modification of recreation and community services and facilities;
future recreation and community service needs; conduct of persons using park and recreation facilities;
roles for the use of park and recreation facilities by the public.
The Commission shall also accept and consider recommendations from the Senior Center Advisory
Committee, the Heritage Center Advisory Committee and the Youth Advisory Committee, and forward
the recommendations to the City Council, as appropriate.
DUTIES OF COMMISSION TO BE ADVISORY ONLY
It is intended that the Commission shall be an advisory body to the City Council. Nothing herein
contained shall be construed as a limitation on the power of the City Council or the Administrative Staff
of the City or any other agency in. their supervision, or authority over property or personnel which are
under their respective jurisdictions.
STAFF ~4SSISTANCE
The City Manager shall provide the Commission with such information and Staff assistance as the
Commission may, from time to time request, subject to the limitations imposed by the City Council.
AMENDMENTS
These Bylaws and Rules of Procedure may be. amended in the same manner as originally adopted.
3
RESOLUTION NO. - 2002
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE HERITAGE AND CULTURAL ARTS COMMISSION
AND RESCINDING RESOLUTION NO. 132-99
WHEREAS, Resolution No. 132-99 was adopted by the City Council on July 6, 1999
which created a Heritage and Cultural Arts Commission and adopted Bylaws and Rules of Procedure for
said Commission; and
WHEREAS, it is desirable to limit the number of terms Commission members can serve to a
maximum of eight (8) years with two (2) 4-year terms and to clarify the attendance requirements of
Commission members; and
WHEREAS, Section III of the Bylaws and Rules of Procedure dealing with Terms of Office and
Removal has been modified to reflect these changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the amended
Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission as contained in Exhibit A,
attached hereto.
BE IT FURTHER RESOLVED that the provisions contained in resolution No. 132-99 are hereby
rescinded.
PASSED, ~APPROVED AND ADOPTED this . day of
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
'Mayor
City Clerk
ATTACHMENT 2
III.
GENERAL PRO VISIONS
Ao
These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage
and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments
thereto, shall be filed in the offices of the City Clerk for examination by the public.
These Rules and any amendments hereto shall be effective on the date of the adoption hereof,
and shall govern the meetings and activities of the Commission.
COMMI,¥SION COMPOSITION AND METHOD OF APPOINTMENT
The Heritage and Cultural Arts Commission shall be composed of seven (7) members.
The Mayor shall make all appointments to the Commission, with the approval of the City
Council. When making appointments to the Commission, consideration shall be given to
members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or
similar groups) and to persons who are specifically qualified by reason of training, experience,
interest or involvement in arts and/or heritage, particularly as related to artistic and cultural
activities in the City.
All members shall be residents of the City and shall be committed to furthering public art, and
historical and cultural life in the community.
Commission members may resign at any time by giving written 'notice to the Mayor and City
Clerk.
TERM OF OFFICE AND REMOV~4L
Commission members shall be appointed for terms which run four (4) years beginning in
December of even numbered years and ending in Novemb~ December of an even numbered
year. ~'-~ r~ Cc~--issioners ,,h,~ll l~:~;nll,, 1., ..... :~.~1 *^ .,.^ r-,x ..... '-~,, At the end of a
Commissione~ member's term, the Commission member may be reappointed to the Commission
in the same manner as the initial appointment q'~o'~
"~"]] ~ 8~ ];~:+ tC +~ ..... [~' fir + ....
r~__:,,: ..... *, ........... Commission members shall be eligible to serve a maximum of
ci_.~t (8) years with two (2] 4-year terms.
Any member of the Commission may be removed from office by the Mayor, with the approval of
a majority of the City Council. Removal and appointment of Commissioners shall be made only
at a regularly scheduled meeting of the City Council.
Commission members must attend 75% of all re..[,ular and special meetin~ in a 12 month period.
The Secretary. to the Commission shall vrovide the Mayor with monthly attendance reoorts and a
quarterly overview of attendance bv Commission members. The Secretary to the Commission
shall notify the Mayor if a Commission member is absent from three consecutive meetin~,s. Tlae
Commi~si'on member shall also be notified that they may be removed from the Commission.
Bylaws and Rules of Procedure- Draft Page 1 of 3
Heritage and Cultural Arts Commission November 19, 2002
c vci s /
Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired
portion of the term in the same manner as the original appointment.
V. OFFICERS
A;
Election and Term of Office. The Chairperson and Vice Chairl?.erson are elected by the majority
of the Commission for a 1-year term and hold office until then' successors are elected, or until
their terms as members of the Commission expire. The officers are elected at the first meeting
of the Commission in December of each year. Elections, whether regular or to fill vacancies
shall be held only if a simple majority of the Commission members are present.
The secretary to the Commission will be the City Manager or his designee.
Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy
shall be filled by an election held at the first regular meeting after the occurrence of such
vacancy. The person so elected shall serve the balance of the tenn.
C.. Duties of Officers. The Chairman performs the following duties:
1. Presides at all meetings of the Commission.
2. Appoints committee and chairpersons of committees as necessary.
3. Signs correspondence on behalf of the Commission.
4. Represents the Commission before the City Council.
5. Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice-Chairperson
presides in place of the Chairperson. In the event of the absence of or the inability to act of both
the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their
members to act as temporary Chairperson.
The Committees. The Commission or the Chairperson, upon direction of the Commission, may
appoint several of its members, but less than a quorum, to serve as a Committee. On certain
occasions, such as when a particular kind of expertise or public representation is desirable, the
Commission may appoint non-members to the Committee. Committees make recommendations
directly to the Commission.
A Committee may not represent the Commission before the Council or other bodies unless it has
first received the authorization of the Commission to do so.
VI. MEETINGS
The Commission shall hold regular meetings at least once per month at a designated time and
place, which shall be fixed and determined by the Commission and entered upon its minutes. All
meetings of the Commission shall be open to the public. Special meetings of the Commission
may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any
such special meeting shall be given as required by law.
Bo
A majority of the voting members of the Commission shall constitute a quorum for the purpose
of transacting business. The secretary shall keep minutes of all regular and special meetings of
the Commission, and these shall be sent to all members and administrative officers in advance of
the meeting in which they are to be approved.
Bylaws and Rules of Procedure - Drat~
Heritage and Cultural Arts Commission
Page 2 of 3
November 19, 2002
vml
GENERAL RESPONSIBILITIES OF THE COMMISSION
The Commission shall consider and make recommendations, as it deems necessary to the City Council
in all matters pertaining to:
The restoration, maintenance and operation of the Heritage Center. Such recommendations
would include, but are not limited to the following: recommendations for the development,
improvement and/or modification of Heritage Center facilities or programs;
recommendations for policies on heritage preservation, artifact acquisition, conduct of
persons using the Heritage Center facilities; and rules for the use of the Heritage Center by
the public.
The promotion and support of the arts within the community. Such recommendations would
include, but are not limited to the following: recommendations on art in public places
including City facilities and new developments within the City; exhibits at the Civic Center,
Heritage Center and Dublin Sculpture Park; and recommendations for policies on art, cultural
activities and facilities.
DUTIES OF COMMISSION TO BE ADVISORY ONLY
The Commission shall be an advisory body to the City Council. Nothing herein contained shall be
construed as a limitation on the power of the City Council or the Administrative Staffofthe City or any
other agency in their supervision, or authority over property or personnel which are under their
respective j arisdictions.
STAFF ASSISTANCE
The City Manager shall provide the Commission with such information and Staff assistance as the
Commission may, from time to time request, subject to the limitations imposed by the City Council.
X. AMENDMENTS
These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted.
Bylaws and Rules of Procedure - Draft
Heritage and Cultural Arts Commission
Page 3 of 3
November 19, 2002
REsoLuTION. NO. 99 - 01
A RESOLUTION/ OF ~ PLANNING COMMISSION..
OF ~ CITY OF DUBLI~
AMENDING AND ADOPTING TWit, DUBLIN PLANNING COMMISSION
RULES OF PROCEDURE
WHEREAS, the Dublin Municipal Code states that the Dublin Planning Commission shall adopt rules for
the transaction of the Commission's business; and
WHEREAS, effective San .um'y 12, 1999, the election of officers will take place the first meeting in January
of each year, or when new Commissioners are seated; and
WHEREAS, changing the election month will coincide with the appointment of new Commissioners by the
City Council which usually occurs in December of appointment years; and
WHEREAS, on September 5, 1995, the Planning Commission did previously adopt amendments W the
Dublin Planning Commission Rules of Procedure; and
WHEREAS,. on January 12, 1999, the planning Commission reviewed amendments to the Dub!in P!ann/ng
Commission Rules of Procedure.
NOW, THEREFORE, BE IT RESOLVED THAT THE plsnnlng Commission does hereby adopt the
following Rules of Procedure:
REVISED January 12, 1999
DUBLIN PLANNING COMMISSION RUI~I~S OF PROCEDURE
GENERAL PROVISIONS
A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of
Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the
Community Development Department and the City Clerk for examination by the public.
B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and
· shall govern the meetings and conduct of hearings by the Commission-
OFFICERS
A. The Community Development Director will serve as the Secretary to the Commission.
Election'and Term of Office
The Chah'person and Vice Chairperson are elected by the majority of the commission for a one-
year term and hold office until their successors are elected or until their terms as members of the
Commission expire, The officers arc elected at the first meeting Of the Commission in January of
each year. Elections; whether regular or to fill vacancies, Shall be held only ifa~ least four
Commission members are present.
ATTACHMENT 3
.Ill.
Co
Vacancies
In case ofany vacancy in the office of Cbairperson, Vice Chairperson or Secretary, the vacancy.
shall be filled by an election held at the first regular meeting after the occurrence of such vacancy.
Persons so elected shall serve the balance of the term.
Duties of Officers
The Chairperson performs the following duties:
2.
3.
4.
5.
Presides at all meetings of the Commission.
Appoints committees and chairpersons of Co mmiRees.
Signs correspondence on behalf of the Co~mission.
Represents the Commission before the City Council.
Performs other duties necessary or customary to the office.
In the.event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson
presid~ in place ofthe Ch_slrperson- hi the event ofthe absence of or inability to act of both the
Chairperson and Vice Chnlrperson, the re~ining members shall elect one of their members to act
as temporary Cha/rperson. :
Committees .
The Chairperson, upon approval of the Commission, may appoini several of its members, but fewer
than a quorum, to serve as or on a cowmittee. On certain .occasions, stwh as when a particular kind
of expertise or public representation is desiral~le, the Cha/rpergon may appoint non-members to the
committee. Collamittees make recommendations .directly to the Commission. A committee may
not r~r~sent the Commission before the Council or other bodies unless it has first received the
authoriZation of the Commission to do so.
MEETINOS
~.:.;,,. -
A. Beglnning in Sune, 1995, regular meetings shall bo held on the second and forth Tuesdays of each
· month at 7:00 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic P!8~. Dublin,
California.
Co
If the regular meeting place is Unable to accommodate the meffdngs, .the Commission may recess
the meeting to another place. Ii'the CommL~sion anticipates that the regular meeting place will be
inadequate, the Commission, or Chairperson in the event of an emergency, may order that the
meeting be held in another place.
Items for public hearing will normally be considered at the beginning of each meeting.
Special meetings may. be called by the Chairperson or a majority of the members of the
Commission.
A majority of the voting members of the Commission shall constitute a quontm for the
Commission,
No new public'hearing item will begin after 10:30 p.m., and the meetings Will be adjouraed by
11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to
exl~nd the meeting for 30-minute increments.
Vo
VOTING
No official action shall be transacied by less than the affirmative vote ora majority of the quorum
present, and at least three aflSrmativc votes shall be required to recommend matters to the City
Council for adoption.
A motion may refer to items by agenda number. A motion may not be withdrawn by the mover
without the consent of the member seconding it. Motions on items or matters not involving a
hearing may be adopted by voice vote unless any member requests a roll call vote.
Tie votes result in defeat:of a motion, and unless a subsequent motion is passed regarding an item,
results in its denial. Abstentions shall not be counted as either for or against a motion under any
AGENDA
The agenda of each r~gular or special meeting shall, at a minimum, include:
a. The date, time, and location of the meeting.
b. "A brief general description of each item of business to be transacted or discussed at the meet'rog.
c. A specified period of time for members of the public to address the Commission on items of
interest to the public that are within the jurisdiction of the Commission, including a provision that
no person may speak longer than five (5) minutes, and including language that the Commission can
only briefly respond with questions, refer to Staff, or place the item on a flm~ agenda.
The agenda of each meeting will normally include the following items:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Call to Order
Roll Call
Pledge of Allegiance
Additions or Revisions t'o the Agenda
Minutes
Oral Communications
Written Communications
.Public Hearings
Hew or unfinished Business
Other Business (Commission/Staff Informational Only Reports)
Adjournment
At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the
Seeraary shall post a copy of the agenda atthe kiosk in front of the Dublin Civic Center, 100 Civic Plaza,
Dublin, California.
The Secretary shall execute a Declaration of Posting which shah be filed in the Dublin Community
Development Department.
HEARING PROCEDURES
A, The Chairperson shall announce thc public hearing item. Commission members Shall state any
known conflicts of interest and _~hall not participate in the heating.
3
Go
The Chairperson shall determine if the Applicant or representative is in attar_nee at the public -
hearing~ If the Applicant or ~epresentative fails to attend the public hearing, the Planning
Commission may'l~al~e action to deny, continue, or approve the item. The item may be continued if
the Planning Commission receives whiten notification of the Applicant's inability to a~ad the
meeting.
The order of presenlafion shall be as follows:
2.
3.
4.
5.
6.
7.
Summary Presentation by pIsnnlnE Staff
Questions by Planning Commission
Comments by Applicant
Comments by Other Proponents
Comments by Opponents
Rebuttal'by Applicant if necessary
Additional Comments by Staff ns appropriate
The Chairperson or Commission shall close the public hearing and the item is tamed over to the
Commission for discussion .and action. The audience is not permitted to make any further
comments unless' invited by the Commission.
The plsnnlng Staffshall retain copies of all documents or exhibits presented.
All those wishing to give testimony shall identify themselves by name and address. The
Chairperson may require the use of speaker slips.
The Chairperson may limit the time for the presentation o£t~sthnonY by eamh person and shall
announce said limitation prior to any presentations. Persons may speak more than once only after
obwlnlng permission from the Chairperson. Notwithstanding the above, the Chairperson may
terminate the speaking period of any person when the time taken by the person becomes excessive
or 'ivh~n the testimony becomes repetitions or irrelevant.
A member of the Commission, Staff or public may ask the speaker questions only with th~ consent
of the Chairperson. All responses and answers shall be made to the Commission through the
Chnirperson. ~
A member of the Commission may not consider a fact not presented as part of the record unless he
discloses said fact prior to the closing of the public hearing.
No evidence shall be taken after the closing of the public hearing. The public hearing may be
· reopened for the *~k~ng of further eyidence at the discretion of the Chairperson.
Applause and other demonstrafiona are prohibited during public hearings. Such demonstrations
tend to intimidate, those in tho audience who may have valid but oppOsing viewpoints.
DE[:mERATIONS AND DECISION. ,S.
A. ' The Commission shall not deliberate nor mak. a decision on'the application until the close of the
B. Deliberations and decisions shall be based on th~ staffreport, d°~uments and exhibits, evidence
presented at hearings, and stated open and notorions facts.
ITEMS NOT ON THE AGENDA
· A. 'No action sliall be taken on any item not appearing on the posted agenda for a regular or special
meeting, unless:
' ' ' i. "the planning Commission dcmrmines by majority vote that'an emergonoy situation exists,
as defined in Government Code Section 54956.5;
2. the plnnnlng Commission determines by a two-thirds vote, Or by a unanimous vote if only
' three members are present, thnt the need to tako action arose after the agenda was posted;
or
3. the item was included in a posted agenda for a prior meeting beld within five (5) calemiar
days and was continued to the meeting at which the action is taken.
B. When an item not on the agenda is raised by a member of the public, the Commi.~sioll may briefly
respond, may ask qUestions for clarification, may refer the item te Staff, or may request Staff to
report back st a subsequent meeting, unless the p~n~iag Commission determines ~o take nction
under Section vm (A-2).
PASSED, APPROVED .AND ADOPTED this 12th day of January, 1999.
AYES:
Cm. 3enning~ $ohnson, Musser, and Oravetz
NOES:
ABSENT:, -
Cm. Hughes
Plmming Commission Chnlrperson
Community Development Director
(g:~agenda\ 1999\ 1 - 12 sr pc rules)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER 2.12
TO PROVIDE FOR TERM LIMITS AND REMOVAL FOR LAPSE IN
ATTENDANCE FOR PLANNING COMMISSIONERS
THE CITY COUNCIL OF THE CITY OF,DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSE
Ordinance No. 5 Sections 2 and 3 in 1982 established the membership,
appointment and term and removal of Planning Commissioners, as mended by
Ordinances 12-84 and 16-92. The purpose of this Ordinance is to establish term limits
and attendance requirements for the Planning Commission.
Section 2. AMENDMENT OF THE MUNICIPAL CODE
A. An amendment of Section 2.12.020 to read as follows:
They shall be appointed for a term of four (4) years, except ~,,~.~.~,
section .,.~u szr':e for: *"'^ ~.~ 5'ear t~.-'--'~. Terms shall begin in December of
even-numbered election years and end in ~ December of even
numbered years (or until successors are appointed). If a vacancy occurs
otherwise than by expiration of term, it shall be filled by appointment for the
unexpired portion of the term.
A new Section 2.12.020C is hereby added to the Municipal Code to read as
follows:
Section 2.12.020 Membership-Appointment-Term-Removal
"Section 2.12.020C
Planning Commissioners must attend at least 75 percent of regular and special
Planning Commission meetings in any 12-month period. Any Planning
Commissioner who is absent ti-om 25% or more meetings within a 12-month
period or is absent from three (3) consecutive Planning Commission meetings
may be removed from the Planning Commission pursuant to Section
2.12.020B of the Municipal Code."
A~..-~ACHMENT 4
Co
A new Section 2.12.060 is hereby added to the Municipal Code to read as
follows:
"Section 2.12.060 Term Limits
No person shall serve as a Planning Commissioner for more than two (2)
consecutive terms. As used herein, a person shall be considered to have
served a "term" of office as a Planning Commissioner if such person has
served as a Planning Commissioner for four (4) years plus one (1) day."
Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after
the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
this
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin
__ day of ,2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 Planning Agency established.
2.12.020 Membership---Appointment--Term~Removal.
2.12.030 Expenses and compensation.
2.12.040 Chairman--Rules---Records--Meetings.
2.12.050 Powers and duties--Generally.
2.12.140 Appeals~Transmittal of record.
2.12.150 Appeals--Community Development Director to be
represented.
2.12.160 Appeals-Notice of hearing.
2.12.t70 Appeals--Action on appeal by City Council.
2.12.010 Planning Agency established.
Pursuant to Govemment Code Sections 65000 et seq., there is
established a Planning Agency consisting of a Planning
Commission. (Ord. 5 § 1, 1982)
2.12.020 Membership~Appointment--Term--Removal.
A. The Planning Commission shall consist of five (5) members.
They shall be appointed for a term of four (4) years._ c×c=pt th=t ~:;c
Terms shall begin in De,tuber of even-numbered election
and end in ~ De,tuber of even-nu~ber~ election
(or until su~sso~ am ap~inted). If a vacancy occurs othe~ise
than by expiration of term, it shall be filled by appointment for the
unexpired ~ion of the te~.
B. Members shall be ap~int~ to the Planning Commission by
the Mayor, subject to the approval of the Council. The Mayor may,
with the a~proval of a majori~ of the Ci~ Council, remove
Planning Commissioner at any tim~ during the CommJssioneds
t~rm of o~ce. Removal an~ appointment of Planning Commission
members shall be made only at a regulaHy scheduled meeting of
the C[~ Council. Uembem of the Planning Commission shall be
residents of the ci~. (Ord. 1~-92 ~ 1: Ord. 12-~4 ~ 1: O~. 5 ~ 2, 3,
C. Planninfl Commissioners must a~end at least 75 percent of regular and
special Planninfl Co~mission meetinfls in any 12-month pe~o~. Any
Plannin~ Commissioner who is absent fro~ 25% or ~ore meetings within
a 12-month period or is absent from ~me (3) consecutive Planninq
Commission meetings may be removed from the Planninfl Commission.
pu~uant to Section 2.12.020B of the Municipal Code."
2.12.030 Expenses and compensation.
Planning Commission members shall be entitled to
reimbursement for expenses as the Council may approve. In
addition, Planning Commission members shall be paid fifty dollars
($50) for each meeting attended, to a maximum of three (3)
meetings in a calendar month; provided, that Commission members
shall not be deemed to be city employees by virtue of such
payment. (Ord. 24-99 § 2 (part): Ord. 11-89 § 1: Ord. 5 § 4, 1982)
2.12.040 Chairman--Rules--Records--Meetings.
The Planning Commission shall elect a Chairperson and Vice
Chairperson from its membership annually. In the absence or
disability of either the Chairperson or Vice Chairperson, the
Commission may designate a temporary Chairperson. The
Commission shall hold at least one (1) regular meeting each month
and such other meetings as may be necessary. The Commission
shall adopt rules for the transaction of its business and shall keep a
public record of its resolutions, transactions, findings and
determinations. The rules shall provide that not less than three (3)
affirmative votes shall be required to recommend matters to the
City Council for adoption. The Commission shall appoint a
secretary who may be one of its members or someone else. (Ord.
16-92 § 2: Ord. 5 § 5, 1982)
2.12.050 Powers and duties--Generally.
The Planning Commission shall have the power and it shall be its
duty:
A. To recommend for adoption by the City Council a
comprehensive long-term general plan for the physical
development of the city and of any land outside its boundaries
which in the Planning Commission's judgment bears relation to its
planning;
B. To recommend for adoption by the City Council specific plans
based on the general plan and drafts of such regulation, programs
and legislation as may in its judgment be required for the
systematic execution of the general plan;
C. To periodically review the capital improvement program of the
city;
D. To recommend for adoption by the Council a zoning
ordinance and to perform such other duties in reference to planning
and zoning and land use matters as may be required by the
Council. (Ord. 5 § 6, 1982)
2.12.060 Term Limits.
No person shall serve as a Planning Commissioner for more than
two (2) consecutive terms. As used herein, a person shall be
considered to have served a "term" of office as a Planning
Commissioner if such person has served as a Planning
Commissioner for four (4) years plus one (1) day."
2.12.140 Appeals--Transmittal of record.
The City Clerk shall indicate upon every notice of appeal
received pursuant to Section 2.12.130 the date upon which it was
filed, and shall forthwith transmit a copy thereof to the Community
Development Director. The Community Development Director shall
immediately make available to the City Council all of the documents
constituting the record upon which the action appealed was taken.
(Ord. 5-96 § 1 (part); Ord. 11 § 2, 1982)
2.12.150 Appeals~Community Development Director to be
represented.
The Community Development Director shall be 'represented at
the hearing on the appeal, in order to make known the reasons for
the action taken. (Ord. 5-96 § 1 (part); Ord. 11 § 3, 1982)
2.12.160 Appeals--Notice of hearing.
The City Council shall give written notice of the time and place for
headng any appeal filed pursuant to Section 2.12.130. Such notice
may be published and shall be given to the applicant, to the
appellant, to the Planning Commission and the Community
Development Director, and to any other person requesting such
notice and depositing with the City Clerk a self-addressed, stamped
envelope to be used for that purpose. (Ord. 5-96 § 1 (part); Ord. 11
§ 4, 1982)
2.12.170 Appeals--Action on appeal by City Council.
The City Council may hear additional evidence and may sustain,
modify or overrule any action brought before it on appeal pursuant
to Section 2.12.130, and may make such findings and decisions as
are not inconsistent with state law and city ordinances; provided
that, if no motion relative to the action appealed attains a majority
vote of the City Council within thirty (30) days from the date of the
headng by the City Council thereon the action shall stand sustained
and be final. (Ord. 11 §. 5, 1982)
CITY CLERK
File # [~]~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 3, 2002
SUBJECT:
Public Heating: Amendments to the Dublin Municipal Code Chapter 2.12-Planning
Commission - Second Reading.
Report Prepared By: Joni Pattillo, ~4ssistant City Manager
ATTACHMENTS: 1.)
Ordinance Amending the City of Dublin Municipal Code
Chapter 2.12- Planning Commission
RECOMMENDATION~/~4~
1)
2)
3)
4)
5)
Open Public Heating °n Amendments to the Municipal Code
Chapter 2.12- Planning Commission
Receive Public Testimony
Close Public Heating
Deliberate
Waive reading and ADOPT Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
At its meeting of November 1.9, 2002, City'Council introduced an Ordinance mending Dublin Municipal
Code (DMC) Chapter 2.12- Planning Commission (Attachment 1). City Council's intent in making these
amendments were twofold: 1) to ensure that Commission terms lengths encourage increased participation
by a wider variety of Dublin citizens; 2) to ensure that proper procedures are in place with attendance at
both the regular and special Commission meetings. The amendments would change Ordinance as
follows:
Commissioners may serve a maximum of eight (8) years with two (4)-year terms.
Commissioners must attend 75% °fregular and special meetings in a 12-month period.
lt/cc-forms/agdast mt.doc
COPIES TO:
ITEM NO.
The term ending date will change from November to December. ·
In closing, Staff recommends that the City Council:
Open the public hearing on the amendments to the Municipal Code Chapter 2.12- Planning Commission
receive public testimony, close public hearing, dehberate, waive the reading, and ADOPT the Ordinance
amending Dublin Municipal Code Chapter 2.12- Planning Commission.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF TltE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL'CODE CHAPTER 2.12
TO PROVIDE FOR TERM LIMITS AND REMOVAL FOR LAPSE IN
ATTENDANCE FOR PLANNING COMMISSIONERS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSE
Ordinance No. 5 Sections 2 and 3 in 1982 established the membership,
appointment and term and removal, of Planning Commissioners, as mended by
Ordinances 12-84 and 16-92. The purpose of this Ordinance is to establish term limits
and attendance requirements for the Planning Commission.
Section 2. AMENDMENT OF THE MUNICIPAL CODE
A. An amendment of Section 2.12.020 to read as follows:
They shall be appointed for a term of four (4) years.,,,~,,,-v,~w--*
even-numbered election years and end in Novemb~ December of even
numbered years (or until successors are appointed). If a vacancy occurs
otherwise than by expiration of term, it shall be filled by appointment for the
unexpired portion of the term.
A new Section 2.12.020C is hereby added to the Municipal Code to read as
follows:
Section 2.12.020 Membership-Appointment-Term-Removal
"Section 2.12.020C
Planning Commissioners must attend at least 75 percent of regular and special
Planning Commission meetings in any 12-month period. Any Planning
Commissioner who is absent from 25% or more meetings within a 12-month
period or is absent from three (3) consecutive Planning Commission meetings
may be removed from the Planning Commission pursuant to Section
2.12.020B of the Municipal Code."
Co
A new Section 2.12.060 is hereby added to the Municipal Code to read as
follows:
"Section 2.12.060 Term Limits
No person shall serve as a Planning Commissioner for more than two (2)
consecutive four (4) year terms. As used herein, a person shall be considered
to have served a "term" of office as a Planning Commissioner if such person
has served as a Planning Commissioner for two (2) years plus one (1) day."
Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordir. a. ance shall take effect and be in force thirty (30) days from and after
the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
this
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin
__ day of ,2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk