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Home My WebLink About4.7 Removing Planning Commissioners Policy STAFF REPORT CITY CLERK File # 110-30 CITY COUNCIL DATE:February 16, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Adoption of Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code Making Technical Amendments and Revising the Process for Removing Planning Commissioners Prepared by John D. Bakker, City Attorney EXECUTIVE SUMMARY: The City Council directed Staff to prepare an Ordinance updating Chapter 2.12 (Planning Commission) of the Dublin Municipal Code. 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: Ordinance Staff recommends that the City Council waive the reading and adopt an Amending Dublin Municipal Code Chapter 2.12 (Planning Commission). Reviewed By Assistant City Manager DESCRIPTION: Background As set forth in the California Government Code, appointed officers (including City Commissioners) hold office at the pleasure of the City Council. (Gov. Code, Section 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. ITEM NO. 4.7 Page 1 of 2 In order to effectuate the above-mentioned changes, Staff recommended 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. On February 2, 2016, the Ordinance was introduced and Council also voted to adopt resolutions amending 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 became effective immediately. The proposed Ordinance replaces 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.” The proposed Ordinance also makes various technical changes to Chapter 2.12, which has not been updated since 2009. These changes include the following: 1. Terms for Planning Commissioners will begin in January following even-numbered election years instead of December of even-numbered election years. 2. Clarification that 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 paragraph describing the Commission’s role in making recommendations for General Plan adoption. Finally, language has been added reflecting the City Council’s expectations for commissioners. The following has been added to that section of the Dublin Municipal Code describing the general powers and duties of the Planning Commission: “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) Page 2 of 2 ORDINANCE NO. XX -16 AN ORDINANCE OF THE CITY COUNCIL 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