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HomeMy WebLinkAbout4.7 Commissioner ByLaws Amend STAFF REPORT CITY CLERK File #110-20 DATE:February 2, 2106 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Introduction of Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code making Technical Amendments and Revising the Process for Removing Planning Commissioners and Adoption of Resolutions Amending Commission Bylaws to Revise Process for Removing City Commissioners and Clarifying Expectations of Professionalism Prepared by Prepared By: John D. Bakker, City Attorney EXECUTIVE SUMMARY: At its January 19, 2016 meeting, the City Council directed Staff to prepare 1) an Ordinance updating Chapter 2.12 (Planning Commission) of the Dublin Municipal Code and 2) Resolutions adopting revised bylaws for the City’s Human Services Commission, Parks and Community Services Commission, Heritage and Cultural Arts Commission, Senior Center Advisory Committee, and Youth Advisory Committee. Under existing City Council-adopted rules, the removal of City Commissioners can only be initiated by the Mayor. State law provides that City Commissioners serve at the pleasure of the City Council, and therefore the existing rules can be changed to provide that the City Council can initiate the removal process. FINANCIAL IMPACT: None. RECOMMENDATION: INTRODUCE Staff recommends that the City Council waive the reading and an Ordinance Amending Dublin Municipal Code Chapter 2.12 (Planning Commission), and adopt the Resolutions updating the bylaws for the other five City Commissions. Reviewed By Assistant City Manager DESCRIPTION: ITEM NO. ____4.7_____ Page 1 of 3 At its December 15, 2015 meeting, the City Council asked that Staff bring back an item for discussion regarding the procedure for removing City Commissioners. At the January 19, 2016 meeting, the City Council directed staff to draft an Ordinance updating Chapter 2.12 (Planning Commission) of the Dublin Municipal Code, and to prepare resolutions updating the bylaws for the City’s five additional Commissions. As set forth in the California Government Code, appointed officers (including City Commissioners) hold office at the pleasure of the City Council (Gov. Code, § 36506). The Government Code is silent as to specific procedures for initiating or effecting removal. However, the City Council has adopted various ordinances and resolutions that state that the Mayor has the power to remove a City Commissioner from office, with the approval of a majority of the City Council. Practically, this means that under current policies only the Mayor can initiate removal of a City Commissioner. In order to effectuate the above-mentioned changes, Staff is recommending that the City Council introduce an Ordinance revising section 2.12.020 of the Dublin Municipal Code. It provides for the appointment and removal of Planning Commissioners. Staff is also recommending the adoption of resolutions that will amend the bylaws of the Human Services Commission, Parks and Community Services Commission, Heritage and Cultural Arts Commission, Senior Center Advisory Committee, and Youth Advisory Committee. The resolutions would become effective immediately, and the Ordinance would become effective and enforced thirty (30) days after adoption. The Ordinance and resolutions replace language stating that members of a commission may be removed from office by the Mayor, with the approval of the majority of the City Council, with language stating that Commissioners “may be removed from office with the approval of a majority of the City Council.” Staff is also recommending various technical changes to Chapter 2.12, which has not been updated since 2009. These changes include the following: 1. Change to terms for Planning Commissioners, which will begin in January following even- numbered election years instead of December of even-numbered election years. 2. Clarification that the Planning Commission Chairperson and Vice Chairperson are elected by the membership by a simple majority vote at the first meeting of the year. Previous language did not specify that the vote would be by simple majority and did not specify at which meeting the election would take place. 3. Clarification that meetings are to take place at least once a month, unless no business is to be transacted. Prior language mandated a monthly meeting regardless of open business. 4. Deletion of language requiring record-keeping to prevent redundancy with City’s existing records retention policy. 5. Clarification regarding quorums and ties. 6. Replacement of the words “City Council” for “Planning Commission” in the paragraph describing the Commission’s role in making recommendations for General Plan adoption. Page 2 of 3 Finally, the City Council requested that language be added reflecting the City Council’s expectations for the conduct of commissioners. In response, the following language has been added to that section of the Dublin Municipal Code describing the general powers and duties of the Planning Commission and to each set of bylaws where the Commission/Committee is described as an advisory body: “Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect.” NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance of the City of Dublin Amending Chapter 2.12 (Planning Commission) 2. Resolution Adopting Amended and Restated Bylaws and Rules of Procedure for the Human Services Commission and Rescinding Resolution 142-13, and Exhibit A - Human Services Commission Bylaws And Rules Of Procedure 3. Resolution Adopting Amended and Restated Bylaws and Rules of Procedure for the Parks and Community Services Commission and Rescinding Resolution 123-09, and Exhibit A - Parks and Community Services Commission Bylaws And Rules Of Procedure 4. Resolution Adopting Amended and Restated Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission and Rescinding Resolution 124-09, and Exhibit A - Heritage and Cultural Arts Commission Bylaws And Rules Of Procedure 5. Resolution Adopting Amended and Restated Bylaws and Rules of Procedure for the Senior Center Advisory Committee and Rescinding Resolution 125-09, and Exhibit A – Senior Center Advisory Committee Bylaws And Rules Of Procedure 6. Resolution Adopting Amended and Restated Bylaws and Rules of Procedure for the Youth Advisory Committee and Rescinding Resolution 126-09, and Exhibit A - Youth Advisory Committee Bylaws And Rules Of Procedure . Page 3 of 3 ORDINANCE NO. __ - 16 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.12 (PLANNING COMMISSION) OF THE DUBLIN MUNICIPAL CODE The City Council of the City of Dublin does hereby ordain as follows: Section 1: Section 2.12.020 of Chapter 2.12 of the Dublin Municipal Code is amended as follows (with additions in and deletions in strikethrough): italics 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. Terms shall begin in December January of following 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. B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the City Council. The Mayor may, with the approval of a majority of the City Council, remove a Planning Commissioner at any time during the Commissioner’s term of officeA Planning Commissioner can be removed at any time during the . Commissioner’s term of office by a majority of the City Council. 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. C. Planning Commissioners must attend at least seventy-five (75) percent of regular and special Planning Commission meetings in any twelve (12) month period. Any Planning Commissioner who is absent from twenty-five (25) percent or more meetings within a twelve (12) month period or is absent from three (3) consecutive Planning Commission meetings may be removed from the Planning Commission pursuant to subsection (B) of this section. Section 2.12.040 of Chapter 2.12 of the Dublin Municipal Code is amended as follows (with additions in and deletions in strikethrough): italics A. The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership by simple majority vote at the first meeting of the year annually. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for two (2) consecutive years. In the absence or disability of either the Chairperson or Vice Chairperson, the Commission may designate a temporary Chairperson. B. Unless there is no business to be transacted, Tthe Commission shall hold at least one (1) regular meeting each month and such other meetings as may be necessary. C. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. D. The rules shall provide that nNo official action shall be transacted by less than the affirmative vote of a majority of the quorum present. In the event of a tie vote, the motion fails; another motion may be entertained to break the tie. F. Not less than three (3) affirmative votes shall be required to recommend matters to the City Council for adoption. The City Manager or City Manager’s designee shall serve as the Secretary to the Planning Commission. Section 2.12.050 of Chapter 2.12 of the Dublin Municipal Code is amended as follows (with additions in and deletions in strikethrough): italics 2.12.050 Powers and duties--Generally The Planning Commission shall have the power and it shall be its duty: A. To serve the City and the residents of the City of Dublin with professionalism and respect. A. B. 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 City Council’s judgment bears relation to its planning; B. C. To recommend for adoption by the City Council specific plans based on the general plan and drafts of such regulations, programs and legislation as may in its judgment be required for the systematic execution of the general plan; C. D. To periodically review the capital improvement program of the city; D. E. To recommend for adoption by the City Council a zoning ordinance and to perform such other duties in reference to planning, zoning, land use and design review matters as may be required by the City Council. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 7. Posting. 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. PASSED, APPROVED AND ADOPTED this 16th day of February, 2016 AYES : NOES : ABSENT : ABSTAIN : _____________________________ Mayor ATTEST : ___________________________________ City Clerk 2590669.1 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE HUMAN SERVICES COMMISSION AND RESCINDING RESOLUTION 142-13 WHEREAS, Resolution No. 142-13 was adopted by the City Council on October 20, 2013 which created a Human Services Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s charge; and WHEREAS, the Human Services Commission has been notified of the recommended changes to its bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Exhibit Bylaws and Rules of Procedure fort the Human Services Commission as contained in A , attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 142-13 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2573914.1 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1.These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human 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. Section 2.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. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1.The Human Services Commission shall be composed of five (5) members. Section 2.The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3.Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1.Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. 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. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2.Any member of the Commission may be removed from office 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. Section 3.Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports and a annual overview of attendance by Commission members. ___________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission February 2, 2016 The Secretary to the Commission shall notify the Mayor if a Commission member is absent from two consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4.If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1.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. ARTICLE V OFFICERS Section 1.Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January 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 Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2.The secretary to the Commission will be the City Manager or his/her designee. Section 3.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. Section 4.Duties of Officers. The Chairman performs the following duties: (a)Presides at all meetings of the Commission. (b)Appoints committee and chairpersons of committees as necessary. (c)Signs correspondence on behalf of the Commission. (d)Represents the Commission before the City Council. (e)Performs other duties necessary or customary to the office. Section 5.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 ___________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission February 2, 2016 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. ARTICLE VI MEETINGS Section 1.The Commission shall hold regular meetings at least once per quarter 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. Section 2.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. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1.The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1.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. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1.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. ___________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission February 2, 2016 ARTICLE X AMENDMENTS Section 1.These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584189.2 ___________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission February 2, 2016 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE PARKS AND COMMUNITY SERVICES COMMISSION AND RESCINDING RESOLUTION 123-09 WHEREAS, Resolution No. 57-83 was adopted by the City Council on October 10, 1983 which created a Parks and Community Services Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 137-88, 135-90, 129-92, 137-92, 93-94, 130-98, 178-02, 160-08, and 123-09; and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s charge; and WHEREAS, the Parks and Community Services Commission has been notified of the recommended changes to its bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Bylaws and Rules of Procedure fort the Parks and Community Services Commission as Exhibit A contained in , attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 123-09 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2573689.1 CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1.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. Section 2.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. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1.The Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student residing in the City of Dublin. Section 2.The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3.Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1.Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. 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. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2.The term of the student member shall be for one (1) year, commencing July 1 and terminating on the following June 30. stth Section 3.Any member of the Commission may be removed from the office 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. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission February 2, 2016 Section 4.Commission members must attend 75% of all regular meetings in a 12- month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly review 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. Section 5.If a Commissioner member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1.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. ARTICLE V OFFICERS Section 1.Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January 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 Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2.The Secretary to the Commission will be the City Manager or his/her designee. Section 3.Vacancies. In case of any vacancy in the Office of the 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. Section 4.Duties of Officers. The Chairperson performs the following duties: (a)Presides at all meeting of the Commission. (b)Appoints committee and chairpersons of committees as necessary. (c)Signs correspondence on behalf of the Commission. (d)Represents the Commission before the City Council. (e)Performs other duties necessary or customary to the office. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission February 2, 2016 In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5.The Committees. The Commission or 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 Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1.The Commission shall hold at 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. Section 2.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. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1.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: (a)recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b)future recreation and community service needs; (c)conduct of persons using park and recreation facilities by the public; and (d)annual review of the Parks and Community Services Strategic Plan. Section 2.The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission February 2, 2016 ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1.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 jurisdiction. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1.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. ARTICLE X AMENDMENTS Section 1.These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579990.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission February 2, 2016 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE HERITAGE AND CULTURAL ARTS COMMISSION AND RESCINDING RESOLUTION 124-09 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, the Bylaws and Rules of Procedure were amended by Resolution No.’s 219-02, 161-08, and 124-09. WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s charge; and WHEREAS, the Heritage and Cultural Arts Commission has been notified of the recommended changes to its bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Bylaws and Rules of Procedure fort the Heritage and Cultural Arts Commission as contained Exhibit A in , attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 124-09 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2573779.1 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1.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. Section 2.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. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1.The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2.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. Section 3.All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4.Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1.Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. 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. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission February 2, 2016 Section 2.Any member of the Commission may be removed from office 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. Section 3.Commission members must attend 75% of all regular and special meetings in a 12 month period. 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. Section 4.If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1.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. ARTICLE V OFFICERS Section 1.Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-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 a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his/her designee. Section 2.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. Section 3.Duties of Officers. The Chairman performs the following duties. (a)Presides at all meetings of the Commission. (b)Appoints committee and chairpersons of committees as necessary. (c)Signs correspondence on behalf of the Commission. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission February 2, 2016 (d)Represents the Commission before the City Council. (e)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. Section 4.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. ARTICLE VI MEETINGS Section 1.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. Section 2.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. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1.The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a)The restoration, maintenance and operation of the Heritage Park & Museums. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of Heritage Park & Museums facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using the Heritage Park & Museums facilities; and rules for the use of the Heritage Park & Museums by the public. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission February 2, 2016 (b)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 Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1.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. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1.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. ARTICLE X AMENDMENTS Section 1.These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission February 2, 2016 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE SENIOR CENTER ADVISORY COMMITTEE AND RESCINDING RESOLUTION 125-09 WHEREAS, Resolution No. 48-92 was adopted by the City Council on April 27, 1992 which created a Senior Center Advisory Committee and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 130-02, 138-92, 213-03, 162-08, and 125-09; and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s charge; and WHEREAS, the Senior Center Advisory Committee has been notified of the recommended changes to its bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Bylaws and Rules of Procedure fort the Senior Center Advisory Committee as contained in Exhibit A , attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 125-09 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2573860.1 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1.These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee 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. Section 2.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 Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1.The Advisory Committee shall be composed of five (5) members. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2.Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3.One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1.Committee members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of even numbered election years. At the end of a Committee member's term, the Committee member may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2.Any member of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3.Members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Advisory Committee shall provide the Mayor with monthly ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee February 2, 2016 attendance reports and a quarterly overview of attendance by Committee members. The Secretary to the Advisory Committee shall notify the Mayor if a Committee member is absent from three (3) consecutive meetings. The Committee member shall also be notified that they may be removed from the Committee. Section 4.If a Committee member ceases to reside in the City of Dublin, said Committee member’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1.Vacancies on the Advisory Committee 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. ARTICLE V OFFICERS Section 1.Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2.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. Section 3.Duties of Officers. The Chairman performs the following duties: (a)Presides at all meetings of the Advisory Committee. (b)Appoints sub-committees and chairpersons of sub-committees as necessary. (c)Signs correspondence on behalf of the Advisory Committee. (d)Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e)Performs other duties necessary or customary to the office. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee February 2, 2016 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. Section 4.The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1.The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee 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. Section 2.A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1.The Commission shall consider and make recommendations, as it deems necessary to the City Parks and Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1.It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee February 2, 2016 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. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1.The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1.These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584737.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee February 2, 2016 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE YOUTH ADVISORY COMMITTEE AND RESCINDING RESOLUTION 126-09 WHEREAS, the Youth Advisory Committee was approved by the City Council on October 21, 1997; and WHEREAS, Resolution 7-98 establishing Bylaws and Rules of Procedure for said Committee was adopted by the City Council on January 6, 1998; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 77-00, 159-08, and 126-09; and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s charge; and WHEREAS, the Youth Advisory Committee has been notified of the recommended changes to its bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Exhibit A Bylaws and Rules of Procedure fort the Youth Advisory Committee as contained in , attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 126-09 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2573897.1 CITY OF DUBLIN YOUTH ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1.These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Committee 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. Section 2.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 Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1.The Youth Advisory Committee shall be composed of a minimum of nine (9) and a maximum of thirteen (13) youth members and three (3) alternates. At least three (3) of the Committee Members must be from middle school and six (6) from high school. Additionally, there shall be four (4) non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce, and At-large Community. Section 2.Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Parks and Community Services Director or his/her designee. Section 3.One member of the Parks and Community Services Commission shall serve as a non-voting member to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1.Youth Advisory Committee Members shall serve a one (1) year term, commencing June 1 and terminating on the following May 31 (or until their successors are appointed). During the months of June through August, meetings will be held as necessary. At the end of a Committee member's term, the Committee member may be reappointed to the Advisory Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee member may serve. Section 2.Advisory Committee members may be removed from office with the approval of a majority of the City Council. Removal and appointment of Committee Members shall be made only at a regularly scheduled meeting of the City Council. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee February 2, 2016 Section 3.If a member of the Advisory Committee is absent from two (2) consecutive meetings or three (3) meetings during the term without permission from said Advisory Committee, or if a Committee member ceases to reside in the City of Dublin or, in the case of youth members, ceases to be enrolled in school, said Committee member’s office shall be declared vacant. Additionally, if a Committee member is late by more than twenty (20) minutes to two meetings without permission from said Advisory Committee, this shall constitute one absence. ARTICLE IV VACANCIES Section 1.Vacancies on the Youth Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates. In the event that there are more than two vacancies on the Advisory Committee, vacancies shall be filled in the same manner as the original appointment. ARTICLE V OFFICERS Section 1.Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Youth Advisory Committee for a one-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected each year at the June meeting of the Advisory Committee. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee members meet the criteria, elect Committee members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two (2) consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2.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. Section 3.Duties of Officers. The Chairman performs the following duties: (a)Presides at all meetings of the Advisory Committee. (b)Appoints sub-committees and chairpersons of sub-committees as necessary. (c)Signs correspondence on behalf of the Advisory Committee. (d)Performs other duties necessary or customary to the office. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee February 2, 2016 (e)Serves the City Council and the residents of the City of Dublin with professionalism and respect. 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. ARTICLE VI SUB-COMMITTEES Section 1.The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a Sub-Committee. The Advisory Committee may appoint non-members to the Sub-Committee in an effort to obtain additional public involvement as needed. Sub-Committees make recommendations directly to the Advisory Committee. Section 2.A Sub-Committee may not represent the Advisory Committee before the Commission or Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VII MEETINGS Section 1.The Youth Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee 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. Section 2.A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VIII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1.Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff. Section 2.Address issues that affect youth in the community. Section 3.Assist with the promotion and implementation of youth activities. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee February 2, 2016 Section 4.Generate an annual report on the progress of the Youth Advisory Committee. Additionally, Committee members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Advisory Committee; and promote youth activities and provide support for successful implementation of youth activities and programs. ARTICLE IX DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1.It is intended that the Youth Advisory Committee shall be an advisory body to the Parks and Community Services Commission and 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. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE X STAFF ASSISTANCE Section 1.The City Manager shall provide the Youth Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE XI AMENDMENTS Section 1.These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2585294.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee February 2, 2016