HomeMy WebLinkAbout9.2 Att 1 CCSR 2-2-16 �_ _} e' STAFF REPORT CITY CLERK
< % File #110-20
DATE: February 2, 2106
TO: Honorable Mayor and City Counalmembers
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:
Staff recommends that the City Council waive the reading and INTRODUCE an Ordinance
Amending Dublin Municipal Code Chapter 212 (Planning Commission), and adopt the
Resolutions updating the bylaws for the other five City Commissions
Reviewed By
Assistant City Manager
DESCRIPTION:
Page 1 of 3 ITEM NO. 4.7
ATTACHMENT 1
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