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HomeMy WebLinkAbout7.1 Rules for Conducting Planning Commission MeetingsPage 1 of 2 STAFF REPORT PLANNING COMMISSION DATE: June 25, 2019 TO: Planning Commission SUBJECT: Rules for Conducting Planning Commission Meetings Prepared by:Jeff Baker, Community Development Director EXECUTIVE SUMMARY: The Planning Commission will consider amending the Rules for Conducting Planning Commission Meetings. The proposed amendments to the rules are consistent with the recently adopted amendments to the Dublin Municipal Code Chapter 2.12 and address the addition of Alternate Planning Commissioners. RECOMMENDATION: Adopt a Resolution adopting Rules for Conducting Planning Commission Meetings _______________ __ Submitted By Community Development Director DESCRIPTION: The Dublin Municipal Code (Section Chapter 2.12.040.C) requires the Planning Commission to adopt rules for conducting meetings. The existing Rules for Conduction Planning Commission Meetings (“Rules”) were last amended in 2016 by Resolution 16 - 08 (Attachment 1) and are based on the Rules for Conducting City Council Mee tings. The Rules provide a framework for running Planning Commission meetings, maintaining decorum, and ensuring opportunities for members of the public to address the Planning Commission. The City Council adopted amendments to Dublin Municipal Code Chapt er 2.12 adding Alternate Planning Commissioners to the Planning Commission on May 21, 2019. Please refer to the attached Ordinance for these amendments (Attachments 2). Staff is proposing to amend the Planning Commission “Rules” to address Alternate Planning Commissioners. The proposed amendments are consistent with the recent 7.1 Packet Pg. 50 Page 2 of 2 amendments to DMC Chapter 2.12. Please refer to Attachment 3 for amendments in underline/strikethrough format (where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted). The Resolution adopting the updated Rules is included as Attachment 4. PUBLIC NOTICING: None. ATTACHMENTS: 1. Resolution 16-08 - Existing Rules 2. Ordinance 05-19 - Amendments to Chapter 2.12 to Add Alternate Commissioner Positions 3. Draft Planning Commission Rules with Redlines 4. Resolution Adopting Rules for Conducting Planning Commission Meetings 7.1 Packet Pg. 51 RESOLUTION NO. 16-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING RULES FOR CONDUCTING PLANNING COMMISSION MEETINGS WHEREAS, the Dublin Municipal Code Section 2.12 requires the Planning Commission to adopt rules for the transaction of its business; and WHEREAS, the Planning Commission wishes to update the Rules to reflect current practice and to comply with Ordinance No 3-16 amending the Dublin Municipal Code NOW, THEREFORE, BE IT RESOLVED that the Planning Commission Rules for the transaction of business of the Planning Commission are to read as follows in their entirety, 1 These Planning Commission rules for the transaction of its business are adopted in accordance with DMC Section 2 12 040 C 2 Regular Meetings a Time - Regular meetings of the Planning Commission shall be held on the second and fourth Tuesday of each month at the hour of 7 00 p m b. Place - All regular meetings of the Planning Commission shall be held at the Civic Center, except as necessary, meetings may be held at an alternative location from time to time with proper notice of the alternative meeting location c. Public - All meetings of the Planning Commission shall be open to the public 3 Agenda a The Secretary to the Planning Commission shall cause to be arranged an agenda of matters according to the order of business and furnish each member of the Planning Commission with a copy of the agenda packet prior to the Planning Commission meeting at least 72 hours in advance of a regular meeting, and 24 hours in advance of a special meeting, as time for preparation will permit b. The agenda shall, at a minimum, include The date of the meeting ii. The time of the meeting iii The location of the meeting iv A brief general description of each item of business to be transacted or discussed at the meeting v Specified period of time for members of the public to address the Planning Commission on items of interest to the public that are within the subject matter jurisdiction of the Planning Commission, including a statement that no person may speak longer than three (3) minutes Page 1 of 7 7.1.a Packet Pg. 52 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) vi. A specified section under which Planning Commissioners and Staff may present informational only reports. c. At least seventy-two (72) hours before each regular meeting, the Secretary shall cause to be posted a copy of the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza d The Secretary to the Planning Commission shall so mark or denote "Consent Calendar" items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the Planning Commission, City Staff or interested persons in the audience. The Planning Commission shall consider all of the items on the Consent Calendar portion of the Agenda at one time by a vote after a motion has been duly made and seconded. If any member of the Planning Commission, City Staff or interested person in the audience requests that a Consent item be removed from the list, such items shall be taken up for consideration and disposition in the order listed on the agenda. e No new public hearing item will begin after 10:30 p.m., and the meeting will be adjourned by 11.00 p m., except under unusual circumstances where the Planning Commission votes to hear the item or to extend the meeting for 30-minute increments 4. Presiding Officer a The Planning Commission Chairperson (as determined by DMC Section 2 12) shall preside at all Planning Commission meetings and perform such other duties consistent with his/her office as may be imposed by the City Council or Planning Commission. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson shall preside b The Chairperson shall preserve strict order and decorum at all regular and special meetings of the Planning Commission The Chairperson shall state every question coming before the Planning Commission, call for the vote, announce the decision of the Planning Commission on all subjects and decide all questions of order, subject however, to an appeal of the Planning Commission, in which event a majority vote of the Planning Commission shall govern and conclusively determine such question of order 5 Call To Order a. The Chairperson, or in his/her absence, the Vice Chairperson, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Planning Commission to order In the absence of the Chairperson or Vice Chairperson, the Secretary to the Planning Commission shall call the Planning Commission to order, whereupon a temporary Chairperson shall be elected by the members of the Planning Commission present Upon the arrival of the Chairperson or Vice Chairperson, the temporary Chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Planning Commission Page 2 of 7 7.1.a Packet Pg. 53 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) 6 Attendance a Before proceeding with the business of the Planning Commission, the Secretary shall cause to be entered into the minutes, the names of the members present or absent. No formal roll call need be taken 7 Quorum a. A majority of the members of the Planning Commission shall constitute a quorum for the transaction of business in accordance with Dublin Municipal Code Section 2 12 040 D The Planning Commission may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment If all members are absent from any regular or adjourned regular meeting, the Secretary to the Planning Commission may declare the meeting adjourned to a stated time and place If the Secretary does, the Secretary shall cause written notice of the adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of adjournment shall be posted in the Civic Center Kiosk within twenty-four (24) hours after the time of adjournment Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. 8 Order of Business a Promptly at the hour set on the day of each regular meeting, the members of the Planning Commission and the Secretary to the Planning Commission, shall take their regular stations in the City Council Chambers and the business of the Planning Commission shall be taken up for consideration and disposition in the following order except that, with the unanimous consent of the Planning Commission, matters may be taken up out of order. Call to Order & Pledge of Allegiance to the Flag Oral Communications Consent Calendar Written Communications Public Hearings Unfinished Business New Business Other Business (Planning Commission/Staff Informational Only Reports/Matters Too Late for the Agenda) Adjourn 9 Matters Too Late for the Agenda a No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless one of the three items below, occurs Page 3 of 7 7.1.a Packet Pg. 54 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) The Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956 5; or ii. The Planning Commission determines by vote of two-thirds of the members present (i e four votes if five members are present and three votes if four members are present), or by a unanimous vote of the members of the Planning Commission if only 3 members are present, that there is a need to take immediate action and that the need for action came to the Planning Commission's attention after the agenda was posted, or ui The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b When an item not on the agenda is raised by a member of the public, the Planning Commission may briefly respond, may ask questions for clarification or provide a reference to Staff or other resources 10 Reading of Minutes a Unless the reading of the minutes of the Planning Commission meeting is requested by a member of the Planning Commission, such minutes may be approved without reading if the Planning Commission has previously furnished each member with a copy thereof 11.Rules of Debate a Presiding Officer may debate - The Chairperson or such other member of the Planning Commission as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He/she shall not be deprived of any of the rights and privileges of a Planning Commissioner by reason of his/her acting as the Presiding Officer b Getting the floor - Every member desiring to speak shall address the Chairperson, and upon recognition by the Chairperson, shall confine himself/herself to the question under debate c Interruptions - A member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided If a member, while speaking, be called to order, he/she shall cease speaking until the question of order is determined, and if in order, he/she shall be permitted to proceed d Privilege of closing debate - The Planning Commissioner moving the adoption of a Resolution shall have the privilege of closing the debate. e Rules of Order - Except as otherwise provided in these rules, the current edition of Roberts Rules of Order" shall govern the conduct of the meetings of the Planning Commission Page 4 of 7 7.1.a Packet Pg. 55 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) 12.Addressing the Planning Commission a. Any person desiring to address the Planning Commission at a meeting shall first secure the permission of the Chairperson to do so; provide, however, that under the following headings of business, members of the public shall have the right to address the Planning Commission upon obtaining recognition by the Chairperson Written Communications - Interested persons or their authorized representative may request to address the Planning Commission by written communication on any matters that are within the subject matter jurisdiction of the Planning Commission Such written communication shall be delivered to the Secretary to the Planning Commission ii. Public Comment on Agenda Items - The Planning Commission shall provide members of the public an opportunity to address the Planning Commission before or during its consideration of the item Although members of the public may submit comments in writing, the Planning Commission is not required to read written comments into the record ni Oral Communications — Items Not on the Agenda - The Planning Commission shall provide members of the public an opportunity during the Oral Communications" portion of the agenda to address the Planning Commission on any item of interest to the public that is within the subject matter jurisdiction of the Planning Commission. 13 Manner of Addressing the Planning Commission a. Planning Commission meetings are business meetings, and persons addressing the Planning Commission are expected to conduct themselves accordingly Each person addressing the Planning Commission shall stand at the podium and should give, in an audible tone of voice for the record, his/her name and address, although providing one's name and address is not required Persons desiring to address the Planning Commission shall submit a speaker slip, the purpose of which is to allow the Chairperson to manage the meeting and to be reflected in the minutes The Planning Commission expects that remarks will be addressed to the Planning Commission as a body and not to individuals or the public No person, other than the Planning Commission and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Planning Commission, without the permission of the Chairperson No question shall be asked of a Planning Commission member except through the Chairperson b Each member of the public shall be given 3 minutes to address the Planning Commission during the public comment period, and the time limits shall be reasonably and uniformly applied to all speakers, so far as is possible, with the exception of formal applicants for approvals from the City who will be allotted additional time Page 5 of 7 7.1.a Packet Pg. 56 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) 14 Voting a Members of the Planning Commission shall vote by a "voice vote" on all Resolutions and other matters, unless a roll call vote is required by law or is requested by a Planning Commissioner Silence shall be recorded as an affirmative vote. The Chairperson shall announce the result of the vote. As required by Government Code section 54953(c)(2), the Secretary to the Planning Commission shall cause to be recorded in the minutes the vote or abstention of each Planning Commission member present for the action b The vote on any matter being considered by the Planning Commission may be delayed by the Chairperson until all members of the Planning Commission are present for a meeting, and not excused as herein provided, are present at the Planning Commission dais c. A member of the Planning Commission who has a conflict of interest regarding any matter being considered by the Planning Commission shall declare the conflict and excuse himself/herself from participating in the Planning Commission's deliberations and decisions regarding that matter 15 Order and Decorum a. By Planning Commission Members - While the Planning Commission is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Planning Commission nor disturb any member while speaking or refuse to obey the orders of the Planning Commission or Chairperson, except as otherwise herein provided b By Persons - Any person making remarks or engaging in conduct which actually disrupts, disturbs, or impedes the proceedings or the peace of the Planning Commission or disturbs any member while speaking or refuses to obey the orders of the Planning Commission or the Chairperson shall be forthwith, by the Chairperson, barred from further audience before the Planning Commission, unless permission to continue is granted by a majority vote of the Planning Commission. In order to maintain the appropriate level of civility in the Planning Commission's business meetings, persons are expected to refrain from making personal, impertinent, or slanderous remarks and from becoming boisterous c. Enforcement of Order and Decorum - At the request of the Secretary to the Planning Commission, a law enforcement officer may periodically attend Planning Commission meetings. Said law enforcement officer shall be designated as Sergeant-at-Arms of the Planning Commission meetings when requested to do so by the Chairperson He/she shall carry out all law abiding orders and instructions given at the Planning Commission meeting Upon instruction of the Chairperson, it shall be the duty of the Sergeant-at-Arms to remove and bar such person from the Planning Commission meeting who violates the order and decorum of the meeting Violation of the order and decorum of a Planning Commission meeting is a misdemeanor. Page 6 of 7 7.1.a Packet Pg. 57 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) 16.Prohibition on Political Activities - Members of the Planning Commission shall not engage in political activities related to local, state, or federal elections during Planning Commission meetings For the purposes of this section, the term "political activity" shall mean an activity directed toward the success or failure of a political party, a candidate for elected office, a ballot measure, or a political group 17.Adlournment - A motion to adjourn shall always be in order and decided without debate. 18 Rules Available for Public Review - A copy of these Rules shall be available at all meetings of the Planning Commission for review by the public BE IT FURTHER RESOLVED that these Rules supersede and replace all previously adopted Planning Commission Rules PASSED, APPROVED AND ADOPTED this 1291 day of April 2016, by the following vote AYES: Kohli, Goel, Bhuthimethee NOES: ABSENT: Mittan, Do ABSTAIN: Planning Commission Chair ATTEST: Commu ity blopment Director G\PLANNING CCMMISSIOMPIannmg Commission 20161Plannmg Commission Rules 4 12 16 dock Page 7 of 7 7.1.a Packet Pg. 58 Attachment: 1. Resolution 16-08 - Existing Rules (Rules for Conducting Planning Commission Meetings) ORDINANCE NO. 05 - 19 AN ORDINANCE OF THE CITY COUNCIL 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: 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 "Al". The other alternate shall be appointed as second alternate or "A2". 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 Commissioner 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 use teleconference to attend any Planning Commission meeting. Ord 05-19, Adopted 5/21/2019, Item 4.14 Page 1 of 3 7.1.b Packet Pg. 59 Attachment: 2. Ordinance 05-19 - Amendments to Chapter 2.12 to Add Alternate Commissioner Positions (Rules for Conducting Planning 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; another 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. Ord 05-19, Adopted 5/21/2019, Item 4.14 Page 2 of 3 7.1.b Packet Pg. 60 Attachment: 2. Ordinance 05-19 - Amendments to Chapter 2.12 to Add Alternate Commissioner Positions (Rules for Conducting Planning 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 Commissioner 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 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 21st day of May 2019, by the following vote: AYES: Councilmembers Hernandez, Kumagai, and Mayor Haubert NOES: Councilmembers Goel and Josey ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord 05-19, Adopted 5/21/2019, Item 4.14 Page 3 of 3 7.1.b Packet Pg. 61 Attachment: 2. Ordinance 05-19 - Amendments to Chapter 2.12 to Add Alternate Commissioner Positions (Rules for Conducting Planning Page 1 of 7 Rules for Conducting Planning Commission Meetings Draft amendments are shown in underline/strikethrough format, where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. 1. These Planning Commission rules for the transaction of its business are adopted in accordance with DMC Section 2.12.040.C. 2. Regular Meetings a. Time - Regular meetings of the Planning Commission shall be held on the second and fourth Tuesday of each month at the hour of 7:00 p.m. b. Place - All regular meetings of the Planning Commission shall be held at the Civic Center, except as necessary, meetings may be held at an alternative location from time to time with proper notice of the alternative meeting location. c. Public - All meetings of the Planning Commission shall be open to the public. 3. Agenda a. The Secretary to the Planning Commission shall cause to be arranged an agenda of matters according to the order of business and furnish each member (“member” or “Planning Commissioner”) and alternate member (“alternate” or “Alternate Planning Commissioner”) of the Planning Commission with a copy of the agenda packet prior to the Planning Commission meeting at least 72 hours in advance of a regular meeting, and 24 hours in advance of a special meeting, as time for preparation will permit. b. The agenda shall, at a minimum, include: i. The date of the meeting ii. The time of the meeting iii. The location of the meeting iv. A brief general description of each item of business to be transacted or discussed at the meeting v. Specified period of time for members of the public to addres s the Planning Commission on items of interest to the public that are within the subject matter jurisdiction of the Planning Commission, including a statement that no person may speak longer than three (3) minutes. vi. A specified section under which Planning Commissioners, Alternate Planning Commissioners, and Staff may present informational only reports. c. At least seventy-two (72) hours before each regular meeting, the Secretary shall cause to be posted a copy of the agenda in the Kiosk in front of the Civic C enter located at 100 Civic Plaza. d. The Secretary to the Planning Commission shall so mark or denote “Consent Calendar” items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the Pla nning 7.1.c Packet Pg. 62 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 2 of 7 Commission, City Staff, or interested persons in the audience. The Planning Commission shall consider all of the items on the Consent Calendar portion of the Agenda at one time by a vote after a motion has been duly made and seconded. If any member of the Planning Commission, City Staff or interested person in the audience requests that a Consent item be removed from the list, such items shall be taken up for consideration and disposition in the order listed on the agenda. An Alternate Planning Commissioner may request to remove an item for discussion only when eligible to vote. e. No new public hearing item will begin after 10:30 p.m., and the meeting will be adjourned by 11:00 p.m., except under unusual circumstances where the Planning Commission votes to hear the item or to extend the meeting for 30 -minute increments. 4. Presiding Officer a. The Planning Commission Chairperson (as determined by DMC Section 2.12) shall preside at all Planning Commission meetings and perform such other duties consistent with his/her office as may be imposed by the City Council or Planning Commission. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson shall preside. b. The Chairperson shall preserve strict order and decorum at all regular and special meetings of the Planning Commission. The Chairperson shall state every question coming before the Planning Commission, call for the vote, announce the decision of the Planning Commission on all subjects and decide all questions of order, subject however, to an appeal of the Planning Commission, in which event a majority vote of the Planning Commission shall govern and conclusively determine such question of order. 5. Alternates c.a. 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 as determined by DMC Section 2.12. For the purpose of these rules, any reference to voting members shall include an alternate that participates as a voting member due to an absence or vacancy. 5.6. Call To Order a. The Chairperson, or in his/her absence, the Vice Chairperson, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Planning Commission to order. In the absence of the Chairperson or Vice Chairperson, the Secretary to the Planning Commission shall call the Planning Commission to order, whereupon a temporary Chairperson shall be elected by the voting members of the Planning Commission present. Upon the arrival of the Chairperson or Vice Chairperson, the temporary Chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Planning Commission. 7.1.c Packet Pg. 63 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 3 of 7 6.7. Attendance a. Before proceeding with the business of the Planning Commission, the Secretary shall cause to be entered into the minutes, the names of the members and alternates present or absent. No formal roll call need be taken. 7.8. Quorum a. A majority of the voting members of the Planning Commission shall constitute a quorum for the transaction of business in accordance with Dublin Municipal Code Section 2.12.040.D. a.b. The Planning Commission may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and p lace specified in the order of adjournment. If all members and alternates are absent from any regular or adjourned regular meeting, the Secretary to the Planning Commission may declare the meeting adjourned to a stated time and place. If the Secretary does, the Secretary shall cause written notice of the adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of adjournment shall be posted in the Civic Center Kiosk within twenty-four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. 8.9. Order of Business a. Promptly at the hour set on the day of each regular meeting, the members and alternates of the Planning Commission and the Secretary to the Planning Commission, shall take their regular stations in the City Council Chambers and the business of the Planning Commission shall be taken up for consideration and disposition in the following order except that, with the unanimous consent of the voting members of the Planning Commission, matters may be taken up out of order: • Call to Order & Pledge of Allegiance to the Flag • Oral Communications • Consent Calendar • Written Communications • Public Hearings • Unfinished Business • New Business • Other Business (Planning Commission/Staff Informational Only Reports/Matters Too Late for the Agenda) • Adjourn 9.10. Matters Too Late for the Agenda a. No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless one of the three items below, occurs: 7.1.c Packet Pg. 64 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 4 of 7 i. The voting members Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; or ii. The Planning Commissionvoting members determines by a vote of two-thirds vote of the members present (i.e. four votes if five voting members are present and three votes if four voting members are present), or by a unanimous vote of the voting members and alternates of the Planning Commission if only 3 voting members are present, that there is a need to take immediate action and that the need for action came to the Planning Commission’s attention after the agenda was posted; or iii. The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b. When an item not on the agenda is raised by a member of the public, the Planning Commission may briefly respond, may ask questions for clarification, or provide a reference to Staff or other resources. 10.11. Reading of Minutes a. Unless the reading of the minutes of the Planning Commission meeting is requested by a member of the Planning Commission, such minutes may be approved without reading if the Planning Commission has previously furnished each member with a copy thereof. 11.12. Rules of Debate a. Presiding Officer may debate - The Chairperson or such other member of the Planning Commission as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He/she shall not be deprived of any of the rights and privileges of a Planning Commissioner by reason of his/her acting as the Presiding Officer. b. Getting the floor - Every member and alternate desiring to speak shall address the Chairperson, and upon recognition by the Chairperson, shall confine himself/herself to the question under debate. c. Interruptions - A member or alternate, once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a member or alternate, while speaking, be called to order, he/she shall cease speaking until the question of order is determined, and if in order, he/she shall be permitted to proceed. d. Privilege of closing debate - The Planning Commissioner moving the adoption of a Resolution shall have the privilege of closing the debate. e. Rules of Order - Except as otherwise provided in these rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the Planning Commission. 7.1.c Packet Pg. 65 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 5 of 7 12.13. Addressing the Planning Commission a. Any person desiring to address the Planning Commission at a meeting shall first secure the permission of the Chairperson to do so; provide d, however, that under the following headings of business, members of the public shall have the ri ght to address the Planning Commission upon obtaining recognition by the Chairperson. i. Written Communications - Interested persons or their authorized representative may request to address the Planning Commission by written communication on any matters that are within the subject matter jurisdiction of the Planning Commission. Such written communication shall be delivered to the Secretary to the Planning Commission. ii. Public Comment on Agenda Items - The Planning Commission shall provide members of the public an opportunity to address the Planning Commission before or during its consideration of the item. Although members of the public may submit comments in writing, the Planning Commission is not required to read written comments into the record. iii. Oral Communications – Items Not on the Agenda - The Planning Commission shall provide members of the public an opportunity during the “Oral Communications” portion of the agenda to address the Planning Commission on any item of interest to the public that is within the subject matter jurisdiction of the Planning Commission. 13.14. Manner of Addressing the Planning Commission a. Planning Commission meetings are business meetings, and persons addressing the Planning Commission are expected to conduct themselves accordingly. Each person addressing the Planning Commission shall stand at the podium and should give, in an audible tone of voice for the record, his/her name and address, although providing one’s name and address is not required. Persons desiring to address the Planning Commission shall submit a speaker slip, the purpose of which is to allow the Chairperson to manage the meeting and to be reflected in the minutes. The Planning Commission expects that remarks will be addressed to the Planning Commission as a body and not to individuals or the public. No person, other than the Planning Commission and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Planning Commission, without the permission of the Chairperson. No question shall be asked of a Planning Commission member except through the Chairperson. b. Each member of the public shall be given 3 minutes to address the Planning Commission during the public comment period, and the time limits shall be reasonably and uniformly applied to all speakers, so far as is possible, with the exception of formal applicants for approvals from the City who wil l be allotted additional time. 14.15. Voting a. Members of the Planning Commission shall voteVoting shall be by a “voice vote” on all Resolutions and other matters, unless a roll call vote is required by law or is requested by a Planning Commissionervoting member. Silence shall be recorded 7.1.c Packet Pg. 66 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 6 of 7 as an affirmative vote. The Chairperson shall announce the result of the vote. As required by Government Code section 54953(c)(2), the Secretary to the Planning Commission shall cause to be recorded in the minutes the vote or abst ention of each Planning Commission member present for the action. b. A member of the Planning Commissioner or Alternate Planning Commissioner who has a conflict of interest regarding any matter being considered by the Planning Commission shall declare the conflict and excuse himself/herself from participating in the Planning Commission’s deliberations and decisions regarding that matter. 15.16. Order and Decorum a. By Planning Commission Members and Alternates - While the Planning Commission is in session, the members and alternates must preserve order and decorum, and a member shall neither by conversation or otherwise , delay or interrupt the proceedings or the peace of the Planning Commission nor disturb any member or alternate while speaking, or refuse to obey the orders of the Planning Commission or Chairperson, except as otherwise herein provided. b. By Persons - Any person making remarks or engaging in conduct which actually disrupts, disturbs, or impedes the proceedings or the peace of the Planning Commission or disturbs any member or alternate while speaking or refuses to obey the orders of the Planning Commission or the Chairperson shall be forthwith, by the Chairperson, barred from further audience before the Planning Commission, unless permission to continue is granted by a majority vote of the Planning Commission. In order to maintain the appropriate level of civility in the Planning Commission’s business meetings, persons are expected to refrain from making personal, impertinent, or slanderous remarks and from becoming boisterous. c. Enforcement of Order and Decorum - At the request of the Secretary to the Planning Commission, a law enforcement officer may periodically attend Planning Commission meetings. Said law enforcement officer shall be designated as Sergeant-at-Arms of the Planning Commission meetings when requested to do so by the Chairperson. He/she shall carry out all law abiding orders and instructions given at the Planning Commission meeting. Upon instruction of the Chairperson, it shall be the duty of the Sergeant -at-Arms to remove and bar such person from the Planning Commission meeting who violates the order and decorum of the meeting. Violation of the order and decorum of a Planning Commission meeting is a misdemeanor. 16.17. Prohibition on Political Activities - Members and alternates of the Planning Commission shall not engage in political activities related to local, state, or federal elections during Planning Commission meetings. For the purposes of this section, the term “political activity” shall mean an activity directed toward the success or failure of a political party, a candidate for elected office, a ballot measure, or a political group. 17.18. Adjournment - A motion to adjourn by a voting member shall always be in order and decided without debate. 7.1.c Packet Pg. 67 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 7 of 7 18.19. Rules Available for Public Review - A copy of these Rules shall be available at all meetings of the Planning Commission for review by the public. 7.1.c Packet Pg. 68 Attachment: 3. Draft Planning Commission Rules with Redlines (Rules for Conducting Planning Commission Meetings) Page 1 of 7 RESOLUTION NO. 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPT THE AMENDMENTS TO THE RULES FOR CONDUCTING PLANNING COMMISSION MEETINGS WHEREAS, the Dublin Municipal Code Section 2.12 requires the Planning Commission to adopt rules for the transaction of its business; and WHEREAS, the Planning Commission wishes to update the Rules to reflect current practice and to comply with Ordinance No. x-19 amending the Dublin Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission Rules for the transaction of business of the Planning Commission are to read as follows in their entirety; 1. These Planning Commission rules for the transaction of its business are adopted in accordance with DMC Section 2.12.040.C. 2. Regular Meetings a. Time - Regular meetings of the Planning Commission shall be held on the second and fourth Tuesday of each month at the hour of 7:00 p.m. b. Place - All regular meetings of the Planning Commission shall be held at the Civic Center, except as necessary, meetings may be held at an alternative location from time to time with proper notice of the alternative meeting location. c. Public - All meetings of the Planning Commission shall be open to the public. 3. Agenda a. The Secretary to the Planning Commission shall cause to be arranged an agenda of matters according to the order of business and furnish each member (“member” or “Planning Commissioner”) and alternate member (“alternate” or “Alternate Planning Commissioner”) of the Planning Commission with a copy of the agenda packet prior to the Planning Commission meeting at least 72 hours in advance of a regular meeting, and 24 hours in advance of a special meeting, as time for preparation will permit. b. The agenda shall, at a minimum, include: i. The date of the meeting ii. The time of the meeting iii. The location of the meeting iv. A brief general description of each item of business to be transacted or discussed at the meeting v. Specified period of time for members of the public to address the Planning Commission on items of interest to the public that are within the subject 7.1.d Packet Pg. 69 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 2 of 7 matter jurisdiction of the Planning Commission, including a statement that no person may speak longer than three (3) minutes. vi. A specified section under which Planning Commissioners, Alternate Planning Commissioners, and Staff may present informational only reports. c. At least seventy-two (72) hours before each regular meeting, the Secretary shall cause to be posted a copy of the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza. d. The Secretary to the Planning Commission shall so mark or denote “Consent Calendar” items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the Planning Commission, City Staff, or interested persons in the audience. The Planning Commission shall consider all of the items on the Consent Calendar portion of the Agenda at one time by a vote after a motion has been duly made and seconded. If any member of the Planning Commission, City Staff or interested person in the audience requests that a Consent item be removed from the list, such items shall be taken up for consideration and disposition in the order listed on the agenda. An Alternate Planning Commissioner may request to remove an item for discussion only when eligible to vote. e. No new public hearing item will begin after 10:30 p.m., and the meeting will be adjourned by 11:00 p.m., except under u nusual circumstances where the Planning Commission votes to hear the item or to extend the meeting for 30 -minute increments. 4. Presiding Officer a. The Planning Commission Chairperson (as determined by DMC Section 2.12) shall preside at all Planning Commission meetings and perform such other duties consistent with his/her office as may be imposed by the City Council or Planning Commission. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson shall preside. b. The Chairperson shall preserve strict order and decorum at all regular and special meetings of the Planning Commission. The Chairperson shall state every question coming before the Planning Commission, call for the vote, announce the decision of the Planning Commission on all subjects and decide all questions of order, subject however, to an appeal of the Planning Commission, in which event a majority vote of the Planning Commission shall govern and conclusively determine such question of order. 5. Alternates a. 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 as determined by DMC Section 2.12. For the purpose of these rules, any reference to voting members shall include an alternate that participates as a voting member due to an absence or vacancy. 7.1.d Packet Pg. 70 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 3 of 7 6. Call To Order a. The Chairperson, or in his/her absence, the Vice Chairperson, shall take the cha ir precisely at the hour appointed for the meeting, and shall immediately call the Planning Commission to order. In the absence of the Chairperson or Vice Chairperson, the Secretary to the Planning Commission shall call the Planning Commission to order, whereupon a temporary Chairperson shall be elected by the voting members of the Planning Commission present. Upon the arrival of the Chairperson or Vice Chairperson, the temporary Chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Planning Commission. 7. Attendance a. Before proceeding with the business of the Planning Commission, the Secretary shall cause to be entered into the minutes, the names of the members and alternates present or absent. No formal roll call need be taken. 8. Quorum a. A majority of the voting members of the Planning Commission shall constitute a quorum for the transaction of business in accordance with Dublin Municipal Code Section 2.12.040.D. b. The Planning Commission may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all members and alternates are absent from any regular or adjourned regular meeting, the Secretary to the Planning Commission may declare the meeting adjourned to a stated time and place. If the Secretary does, the Secretary shall cause written notice of the adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of adjournment shall be posted in the Civic Center Kiosk within twenty-four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. 9. Order of Business a. Promptly at the hour set on the day of each regular meeting, the members and alternates of the Planning Commission and the Secretary to the Planning Commission, shall take their regular stations in the City Council Chambers and the business of the Planning Commission shall be taken up for consideration and disposition in the following order except that, with the unanimous consent of the voting members of the Planning Commission, matters may be taken up out of order: • Call to Order & Pledge of Allegiance to the Flag • Oral Communications • Consent Calendar • Written Communications 7.1.d Packet Pg. 71 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 4 of 7 • Public Hearings • Unfinished Business • New Business • Other Business (Planning Commission/Staff Informational Only Reports/Matters Too Late for the Agenda) • Adjourn 10. Matters Too Late for the Agenda a. No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless one of the three items below, occurs: i. The voting members determine by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; or ii. The voting members determine by a two-thirds vote (i.e. four votes if five voting members are present and three votes if four voting members are present), or by a unanimous vote of the voting members and alternates if only 3 voting members are present, that there is a need to take immediate action and that the need for action came to the Planning Commission’s attention after the agenda was posted; or iii. The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b. When an item not on the agenda is raised by a member of the public, the Planning Commission may briefly respond, ask questions for clarification , or provide a reference to Staff or other resources. 11. Reading of Minutes a. Unless the reading of the minutes of the Planning Commission meeting is requested by a member of the Planning Commission, such minutes may be approved without reading if the Planning Commission has previously furnished each member with a copy thereof. 12. Rules of Debate a. Presiding Officer may debate - The Chairperson or such other member of the Planning Commission as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He/she shall not be deprived of any of the rights and privileges of a Planning Commissioner by reason of his/her acting as the Presiding Officer. b. Getting the floor - Every member and alternate desiring to speak shall address the Chairperson, and upon recognition by the Chairperson, shall confine himself/herself to the question under debate. c. Interruptions - A member or alternate, once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a member or alternate, while speaking, be called to order, he/she shall cea se 7.1.d Packet Pg. 72 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 5 of 7 speaking until the question of order is determined, and if in order, he/she shall be permitted to proceed. d. Privilege of closing debate - The Planning Commissioner moving the adoption of a Resolution shall have the privilege of closing the debate. e. Rules of Order - Except as otherwise provided in these rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the Planning Commission. 13. Addressing the Planning Commission a. Any person desiring to address the Planning Commission at a meeting shall first secure the permission of the Chairperson to do so; provide d, however, that under the following headings of business, members of the public shall have the right to address the Planning Commission upon obtaining recognition by the Chairperson. i. Written Communications - Interested persons or their authorized representative may request to address the Planning Commission by written communication on any matters that are within the subject matter jurisdiction of the Planning Commission. Such written communication shall be delivered to the Secretary to the Planning Commission. ii. Public Comment on Agenda Items - The Planning Commission shall provide members of the public an opportunity to address the Planning Commission before or during its consideration of the item. Although mem bers of the public may submit comments in writing, the Planning Commission is not required to read written comments into the record. iii. Oral Communications – Items Not on the Agenda - The Planning Commission shall provide members of the public an opportunity during the “Oral Communications” portion of the agenda to address the Planning Commission on any item of interest to the public that is within the subject matter jurisdiction of the Planning Commission. 14. Manner of Addressing the Planning Commission a. Planning Commission meetings are business meetings, and persons addressing the Planning Commission are expected to conduct themselves accordingly. Each person addressing the Planning Commission shall stand at the podium and should give, in an audible tone of voice for the record, his/her name and address, although providing one’s name and address is not required. Persons desiring to address the Planning Commission shall submit a speaker slip, the purpose of which is to allow the Chairperson to manage the meeting and to be reflected in the minutes. The Planning Commission expects that remarks will be addressed to the Planning Commission as a body and not to individuals or the public. No person, other than the Planning Commission and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Planning Commission, without the permission of the Chairperson. No question shall be asked of a Planning Commission member except through the Chairperson. b. Each member of the public shall be given 3 minutes to address the Planning Commission during the public comment period, and the time limits shall be 7.1.d Packet Pg. 73 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 6 of 7 reasonably and uniformly applied to all speakers, so far as is possible, with the exception of formal applicants for app rovals from the City who will be allotted additional time. 15. Voting a. Voting shall be by a “voice vote” on all Resolutions and other matters, unless a roll call vote is required by law or is requested by a voting member. Silence shall be recorded as an affirmative vote. The Chairperson shall announce the result of the vote. As required by Government Code section 54953(c)(2), the Secretary to the Planning Commission shall cause to be recorded in the minutes the vote or abstention of each Planning Commission member present for the action.. b. A Planning Commissioner or Alternate Planning Commissioner who has a conflict of interest regarding any matter being considered by the Planning Commission shall declare the conflict and excuse himself/herself f rom participating in the Planning Commission’s deliberations and decisions regarding that matter. 16. Order and Decorum a. By Planning Commission Members and Alternates - While the Planning Commission is in session, the members and alternates must preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Planning Commission nor disturb any member or alternate while speaking or refuse to obey the orders of the Planning Commission or Chairpers on, except as otherwise herein provided. b. By Persons - Any person making remarks or engaging in conduct which actually disrupts, disturbs, or impedes the proceedings or the peace of the Planning Commission or disturbs any member or alternate while speaking or refuses to obey the orders of the Planning Commission or the Chairperson shall be forthwith, by the Chairperson, barred from further audience before the Planning Commission, unless permission to continue is granted by a majority vote of the Planning Commission. In order to maintain the appropriate level of civility in the Planning Commission’s business meetings, persons are expected to refrain from making personal, impertinent, or slanderous remarks and from becoming boisterous. c. Enforcement of Order and Decorum - At the request of the Secretary to the Planning Commission, a law enforcement officer may periodically attend Planning Commission meetings. Said law enforcement officer shall be designated as Sergeant-at-Arms of the Planning Commission meetings when requested to do so by the Chairperson. He/she shall carry out all law abiding orders and instructions given at the Planning Commission meeting. Upon instruction of the Chairperson, it shall be the duty of the Sergeant -at-Arms to remove and bar such person from the Planning Commission meeting who violates the order and decorum of the meeting. Violation of the order and decorum of a Planning Commission meeting is a misdemeanor. 17. Prohibition on Political Activities - Members and alternates shall not engage in political activities related to local, state, or federal elections during Planning Commission meetings. For the purposes of this section, the term “political activity” shall mean an activity directed 7.1.d Packet Pg. 74 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission Page 7 of 7 toward the success or failure of a political party, a candidate for elected office, a ballot measure, or a political group. 18. Adjournment - A motion to adjourn by a voting member shall always be in order and decided without debate. 19. Rules Available for Public Review - A copy of these Rules shall be available at all meetings of the Planning Commission for review by the public. BE IT FURTHER RESOLVED that these Rules supersede and replace all previously adopted Planning Commission Rules. PASSED, APPROVED AND ADOPTED this 25th day of June 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Community Development Director 7.1.d Packet Pg. 75 Attachment: 4. Resolution Adopting Rules for Conducting Planning Commission Meetings (Rules for Conducting Planning Commission