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Home My WebLink About4.14 - 2662 Planning Commission Ordinance Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 21, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Second Reading of an Ordinance to Amend Chapter 2.12 (Planning Commission) of the Dublin Municipal Code Prepared by: John Bakker, City Attorney EXECUTIVE SUMMARY: The City Council will hold a second reading of an Ordinance to update Chapter 2.12 (Planning Commission) of the Dublin Municipal Code. The changes are related to the inclusion of an alternate structure for the Commission. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Amending Dublin Municipal Code Chapter 2.12 (Planning Commission) to add alternate commissioners. FINANCIAL IMPACT: None. DESCRIPTION: At the May 7, 2019 meeting, the City Council introduced an ordinance to Amend Chapter 2.12 of the Dublin Municipal Code. The changes were related to the inclusion of an alternate structure for the Commission. In order to adopt the ordinance, a second reading by the City Council is necessary. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A Page 2 of 2 ATTACHMENTS: 1. Ordinance Amendment to Chapter 2.12 to the Dublin Municipal Code to Add Alternate Commissioner Positions (Redline) ORDINANCE NO. __ - 19 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.12 (PLANNING COMMISSION) OF THE DUBLIN MUNICIPAL CODE TO ADD ALTERNATE COMMISSIONER POSITIONS 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 underlined twice and deletions in strikethrough): 2.12.020 Membership—Appointment—Term—Removal. A. The Planning Commission shall consist of five (5) members (“members” or “Planning Commissioners”) and two (2) alternate members (“alternates” or “Alternate Planning Commissioners”). One alternate shall be appointed as first alternate or “A1”. The other alternate shall be appointed as second alternate or “A2”. They Members shall be appointed for a term of four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in January 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. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. B. Members and alternates shall be appointed to the Planning Commission by the Mayor, subject to the approval of the City Council. A Planning Commissio ner or Alternate 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 and alternates shall be made only at a regularly scheduled meeting of the City Council. Members and alternates of the Planning Commission shall be residents of the city. C. Planning Commission members and alternates should endeavor to attend all regular and special meetings of the Planning Commission. The Secretary to the Planning Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Committee members and alternates. After the third absence from a regularly scheduled Planning Commission meeting within any twelve (12) month period, said Planning Commissioner or Alternate Planning Commissioner automatically vacates his or her office. D. Members and alternates shall attend regular and special Planning Commission meetings in person. Members will not be permitted to u se teleconference to attend any Planning Commission meeting. Section 2: Section 2.12.030 of Chapter 2.12 of the Dublin Municipal Code is amended as follows: 2.12.030 Expenses and compensation. Planning Commission members and alternates shall be entitled to reimbursement for expenses as the City Council may approve. In addition, Planning Commission members and alternates 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 and alternates shall not be deemed to be city employees by virtue of such payment. Section 3: Section 2.12.040 of Chapter 2.12 of the Dublin Municipal Code is amended as follows: 2.12.040 Chairman—Rules—Records—Meetings. 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. 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. Alternates are not eligible to serve as Chairperson or Vice Chairperson. 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, the 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. D. No 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; ano ther motion may be entertained to break the tie. E. 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. F. Alternates shall participate in all Planning Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member. The second alternate shall participate as a voting member during the second occurring absence or vacancy at the same meeting. Section 4: Section 2.12.060 of Chapter 2.12 of the Dublin Municipal Code is amended as follows: 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 Com missioner for two (2) years plus one (1) day. No term limit shall apply to Alternate Planning Commissioners. Section 5. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held ille gal, 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 ____ day of May, 2019. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk