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HomeMy WebLinkAbout02-08-2005 AmdPC Rules of Procedure AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: February 8, 2005 SUBJECT: Amendment to Planning Commission Rules of Procedure (Report Prepared by: Jeri Ram, Planning Manager)C¥-' 1. Rules of Procedure (last amended 2002) 2. Resolution Approving Amended Rules of Procedure 3. Amended Rules of Procedure ("marked to show changes") A TT ACHMENTS: RECOMMENDATION: 1. 2. 3. Receive staff presentation. Deliberate. Approve Attachment 2, Resolution Approving Amended Rules of Procedure BACKGROUND: The Dublin Municipal Code states that the Planning Commission shall adopt rules for the transaction of the Commission's business. Throughout the years, there have been several amendments to the Rules of Procedures. The last amendment was in January 2002 (see Attachment 1). Unlike other City commissions, where the City Council adopts bylaws for the commissions, the Planning Commission Rules of Procedures are adopted by the Planning Commission. In January, 2005, three new Planning Commissioners took office and a new Chairperson was elected. Since that date, the new Chairperson has developed new procedures for facilitating the meetings of the Planning Commission. The Chairperson has requested that the Planning Commission formally agree to these new procedures. The Amended Rules of Procedure ("Rules") incorporate the suggestions of the Chairperson to make the meetings run more smoothly (Attachment 3). The majority of the changes to the Rules are contained in the "Public Hearing Section" of the document. This Section is now more specific in terms of how the meeting is run. Although the "marked to show changes" version attached shows that the majority of the Section is changed - the changes involve moving many of the items to provide better organization. These changes are not substantive. One change is the inclusion of a new Rule on reopening public hearings. This Amendment would require a majority vote of the Planning Commission to reopen the public hearing. Additionally, it would be at the discretion of the Chairperson as to whether to allow someone to speak more than once during the public hearing. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution modifying the Rules of Procedure. COPIES TO: Planning Commission File ITEM NO. 1 ~ G:\Planning Commission 2005\pcsrRULES OF PROCEDURE.doc REVISED DUBLIN PLANNING COMMISSION RULES OF PROCEDURE 1. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the Community Development Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date ofthe adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. ATTENDANCE A. Commissioners must attend a75% of regular and special meetings in a 12- month period. B. The Secretary to the Commission shall provide the Mayor with a monthly attendance report and quarterly overview of attendance by Commission members. C. The Secretary to the Commission shall notify the Mayor if a Commission member is absent fÌom three-consecutive meetings. The Commission member shall also be notified that they may be recommended for removal from the Commission. III OFFICERS A. The Planning Manager will serve as the Secretary to the Commission. B. Election and Term of Office The Chairperson and Vice Chairperson are elected by the majority ofthe Commission for a one-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 at least four Commission members are present. C. Vacancies In case of any vacancy in the office of Chairperson, Vice Chairperson or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. ATTACHMENT D. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and chairpersons of committees. 3. Signs correspondence on behalf of the Commission. 4. Represents the Commission before the City Council. 5. 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 inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. E. Committees The Chairperson, upon approval of the Commission, may appoint several of its members, but fewer than a quorum, to serve as or on a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Chairperson may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Councilor other bodies unless it has first received the authorization of the Commission to do so. IV. MEETINGS A. Beginning in June, 1995, regular meetings shall be held on the second and forth Tuesdays of each month at 7:00 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin, California. B. If the regular meeting place is unable to accommodate the meetings, the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate, the Commission, or Chairperson in the event of an emergency, may order that the meeting be held in another place. C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. E. A majority of the voting members ofthe Commission shall constitute a quorum for the Commission. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11 :00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. G:\Planning Commission 2002 \RulesotProcedurel 0-] 0-02.doc V. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any member requests a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. VI. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date, time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. c. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. The agenda of each meeting will normally include the following items: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or unfinished Business 10. Other Business (Commission/StaffInformational Only Reports) 11. Adjournment At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Community Development Department. G:\Planning Commission 2002 \RulesotProcedure I 0 -I 0-02.doc VII. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. B. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification ofthe Applicant's inability to attend the meeting. C. The order of presentation shall be as follows: 1. Summary Presentation by Planning Staff 2. Questions by Planning Commission 3. Comments by Applicant 4. Comments by Other Proponents 5. Comments by Opponents 6. Rebuttal by Applicant if necessary 7. Additional Comments by Staff as appropriate D. The Chairperson or Commission shall close the public hearing and the item is turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Commission. E. The Planning Staff shall retain copies of all documents or exhibits presented. F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above, the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. 1. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. J. No evidence shall be taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. G:\Planning Commission 2002 \RulesotProcedurel 0 -1O-02.doc K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. VIII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. B. B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. IX. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: 1. the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2. the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3. the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member ofthe public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Staff, or may request Staff to report back at a subsequent meeting, unless the Planning Commission determines to take action under Section VIII (A-2). G:\Planning Commission 2002 \RulesotProcedurelO -1O-02.doc RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING AND ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, the Dublin Municipal Code states that the Dublin Planning Commission shall adopt rules for the transaction of the Commission's business; and WHEREAS, on January 11,2005, the Planning Commission held its regular elections for Chairperson and Vice Chairperson; and WHEREAS, the Planning Commission may fÌom time to time make certain changes to the Bylaws which are known as the Planning Commission Rules of Procedure; and WHEREAS, the Chairperson of the Planning Commission has requested that certain changes be made to the Planning Commission Rules of Procedure in order to run a more effective meeting; and WHEREAS, the modified Rules of Procedure are attached as Attachment 3 to the Staff Report and marked to show all proposed revisions; and WHEREAS, on February 8, 2005, the Planning Commission reviewed the changes to the Rules of Procedure. NOW, THEREFORE, BE IT RESOL VED THAT THE Planning Commission does hereby adopt the Rules of Procedure attached as Attachment 3 to the Staff Report. PASSED, APPROVED AND ADOPTED this 8th day of February, 2005. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager G:\Planning Commission 2005 \2-8-05resoRulesotProcedure.doc ATTACHMENT 2 MAlJl{¡';I']LQSfjQ!f..ÇtfAli-ºF;!L~'l;BSfQ¡Y 5EE "CLEAN" COPY FOLLOWING.. .REVISED fÇþD,!.ID:..8-,-.~mº2 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE 1. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices ofthe Community Development Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govem the meetings and conduct of hearings by the Commission. II. ATTENDANCE A. Commissioners must attend a75% of regular and special meetings in a 12- month period. B. The Secretary to the Commission shall provide the Mayor with a monthly attendance report and quarterly overview of attendance by Commission members. C. 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 recommended for removal from the Commission. III - OFFICERS -- -- - --- ------ ---------- A. The Planning Manager will serve as the Secretary to the Commission. B. Election and Term of Office The.Ç'haÎIpers0!1 al1d Vice.,ChairpersoI1. are elegted by tþeQlaj.ority_ofJh~ Commission for a one-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 at least four Commission members are present. C. Vacancies (.......-.-.-.....-.--.....-..... .. Formatted: Font: Italic {Formatted: Fonti2Pt --{':':'!ma~:_~.o.nt~l~.pt....... /\ Deleted: Chai';erson ,,·~tted..:...Font: 12 pt rDcl';;d;-Ch~irverso~ ·t~~~~~~-=.~<Jr1t:!~ )!... -----<',,-, --. .-.... ...___...1 ATTACHMENT 3 ./ In case of any vacancy in the office of.CI1airperson" Vice .Chairper~on.. or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. D. Duties of Officers The .ChairpersOllperforms, the f()llowi!1g_dutie~: --- -- - - - - 1. 2. 3. 4. 5. Presides at all meetings of the Commission. Appoints committees and.Chairperso~ otc~ffiII1.it!ees. Signs correspondence on behalf of the Commission. Represents the Commission before the City Council. Performs other duties necessary or customary to the office. In the event of the absence of the .Chairpers(}n..or his/her inabjlity t2 a<::t,._ the Vice.Chairperson"p~esi4e~ inytac~otthe.Chairperson. In the event Qf_ the absence of or inability to act of both the.Chairpersor!. and_Vi¡:;e __ "'.... .Chairperson"the remaining members shall elect oneoftheir members to act as temporary .Çj1aj.r.Q.ersQ11 E. Committees The.Çhairperson" upon approval of the Commission, may appoint several of its members, but fewer than a quorum, to serve as or on a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the.CgaÚItt;Isgn.may appoint non-m~mbers 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. IV. MEETINGS A. Beginning in June, 1995, regular meetings shall be held on the second and forth Tuesdays of each month at 7:00 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin, California. B. If the regular meeting place is unable to accommodate the meetings, the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate, the Commission, or .Chairp~rs()n.in tþe_eventof an emergency, ll!ay'o~e!. th.at_ the meeting be held in another place. I £i:J:,@.uu.i.ng C{~~11lli.?}j.~f_(lß~Ji!dJs:liiÜPmce~lre2-8-05.dos;.. 2 - - - - - - - - - - - - rD~k;;d:c;;~~~;~~~ ~ C'--" ........... ......... ..................................'. . Deleted: Chairperson ._..---_.__.~------~---_._-----------------._-------------------------------------_./ { Formatted: Font: 12 pt " {For';atted: F~~12 pt ~~~O------< .{ Deleted: Chairperson __~" (--------.----.--.-.--.-.-.-.-------', 1 Formatted: Font: 1?y!"'-"__~ ~ t[)t!l~~:c~aÍ1lJ:I"S.()~.. .... [--.....-------..--.....----..---.- . Formatted: Font: 12 pt ....... .-....--...--' .........-u......._.._.___., .or Deleted: Chairperso;;------··j t~o!.II1."-~~:~?!1t:__12_pt...._.... .. .___~' ---['Deleted: Chairpers;~---"-= \> '·l~~~II1_"-t:l:~:.~?~t:_12pt_ .. j '" \ 'rD~I;~d~Ch~;;;;~;;n--" ... . , \ 't~r.".'~t:I:~:F()nt:_ï2_Pt__.j ''( Deleted: Chairperson J '. \f Formatted: Font: 12 pt ~ 1 Deleted: Chairperson ! " ,,~ ._----::=:=:::--==-~ " t Formatted: Font: 12 pt ' i Deleted: Chairperson -~, 'f'"~""~~"~~"~""""~~~~"~"~~"'""~' . Formatted: Font: 12 pt t[)t!~~b!.~:<::.t'ai!]J::son_mmmmmmm,.,.,.,... _, \f---........-----·m---............-m.........., \ Formatted: Font: 12 pt ! \(D~leted: Chairperson--~ "( Formatted: Font: 12 pt ~, ", Deleted: Chairperson "1 Formatted: Font: 12 pt \...----.--.....----..---.----...-..-.------.....-- ( 1.~~~~~~:~o~~:_8..p~.. ............ Deleted: G:\Planning Commission 2002\RulesofProcedurel 0-1 0-02.doc ____..J --_....;: C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the oCl1_ail})¡;IS9Il or a majority of the members of the Commission. E. A majority of the voting members of the Commission shall constitute a quorum for the Commission. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11 :00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 3D-minute increments. V. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any member requests a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. VI. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: A _ _ Tj1e_da!e,liIl!e,ilncllº-calio~ oJ the l!le~til!g._ ~ --- - -- ß.. _ ~ bI'Íe[gt:ne~aIße~criPtion_olea~h iteQl ºfº-usiness to be trags,!gtt:d º-r discussed at the meeting. ç A specified period of time for m~mbers of the public toaddr~ssJh~ Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. I fL.iEJ-ª-mÜl!lLLQ)m.ni~sir>n_ 2Q(1~J~\I JesqfP_roccdure2~8-{) 5 .(~(\c;.. .3 -----------_---.! ',._~~!~t~~_~ai!J'.~r~~________~ -I Formatt;!: Font: 12;;i:--------' --[ Deleted: a r-~------_·_·-·_-·----- -. - ----------.-------------- ....~ .-~~~~~_____.J -(Deleted: b J m[ Formatted: Font: 12 pt "~eleted: c ··l~()r"-''!t:t.~~f~rl.t:}2J1~ _._._.........._m_._...._._/ { Formatted: Font: 8 pt J "~~~""~~~~'~'~, Deleted: G:\Planning Commission ! 2002\RulesofProcedurel 0-1 0-02.OOc ! Q,~_~The agenda of each meeting will normally include the following items: Formatted: Font: 12 VII. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 'i~.F()rm.att:ec!:I.~.~~~!~.~:.ft::. o:~" _..; 8. Public Hearings ¡!.t Formatted: Font: 12 pt 9. New or un[mished Business " !!j.l Deleted: -,¡ ----" 10. Other Business (Commission/Staff Informational Only il!"'{~ormatted: Underline' Reports) ;' ,'!!;¡[F=~: Font:'l2;;~~ 11. Adjournment ¡'!J:¡f Deleted: . . . ,; i:;; :tD;I=d:":;:~"~"~"~--" .. ... ...~...~. " g:~t least 7Z ~ou~s ?ef()r~eachTegul¥ Il1e~tlIlg,an4 at least24_ hours b~f()re"l "Ji:{ Deleted: Chairperson ~~~ksr:~~~~;;~~:gD~:li~e~~i:~~~~~~,P~~~ ~~~f: ~~~~~ ~~~~~: at the :, IJfF~;;;;;tt;d~-'F~'~t-:--í2~t C l'C . Formatted: Indent: Left: OS', a l1omJa. Hanging: OS', Numbered + Level: 1 + Numbering Style: A, 8, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1", List I ili tab + Not at 0.75" , (""""""""""""""''''''"--"'----'"--' ! ¡1 Deleted: I / { Formatted: Tabs: 1", List tab .; '{D~I~t~:mmm.:.:.:=:==::=::~ !~-;¡__m.~__~ .l.Deleted: B.___ .."'__,~--< .' i {Deleted: Chai~~~~~ ,,'////' - ~~~~~!;--:L¡J'~=J ·t~or"!~~:~~~!:.!2pt_. ..............._., i CF~;~~tt~~T~b~l;;;L,~··t~b-·····-'¡ ,f Deleted: . ... ~ {F~~;~tt~ mmmmmmmmmm. c:Sm -l Deleted: C. ~ " ---1 Deleted: The ~rder ofpresentati~ fF;;;~att~;F;~t; Ù' pt - . ----.-.., t.!'( r~.a~~:.!~_~~:_.~~..L~~t~_b_........_j [............__.................................~._........ m............._., , Formatted _ .Cl1D "·r Formatted: Tabs: 1", List tab fF~;~~tt~' . --J.::-r,a! ,{ Formatted; Tabs: 1", List tab {Formatted: Font: 8 pt .. / rm.........................-....-.--.......................................-, i . Deleted: G:\Planning Commissi~ -{ Formatted: Inde,nt: Left: r \_~I~e~:..."..... ;t Formatted: Font: 12 pt ,I Formatted: Indent: Left: '''---.-....-.-.-.-.-....-..........-...-......-..... C~ï~;d;m......... 0.5" ; .....,..,==< 0.5" ..........................-..-..---/. .............................-.j ~ ,f:. . ..,.The Secretary shall execute a Declaration of Postingwhich shall be filed in the Dublin Community Development Department~ - -j E.1.1B1=,!ÇJIEARING PROCEDURES B._....The.Chairperson.shall announce the public hearing item. Commission members shall state any known conflicts of interest and, shall not participate in the hearing. ç,.. .The.Ç!1ªjæS?,[~Q.I1 shall determine if the Applicilnt or representative is jn attendance at the public hearing. If the Applicantor represelltative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. D. ;rhe..chaiIperson opens the public hearing and invIte" the apQfoQriate Staff-, ~ to report on the item at hand. ~_ The Chairperson asks the Commissioners if they have any clarifying questions tor Staff. F. The Chairperson announces to all a brief summarY of what this item is about and what is the type of action that is expected from the Commission o.!1.Jh~_item. // I fLEJi!JlIJiIlliJj.?l!unili~Ü.1Lf.Q..()5·.Rl!lc~~fProc.l'dt!I~kS-!)5.d(J(;. -4- f ÇL_The Chairperson inyites public comments on the item by reading the tè)llowim! statement: '·Plç_ª-~ç_.Qrgj,lJ}i;?;Ç_Y.Q!lT.ç_~2J:l1mçI!l~JQ...~l(lgr:ç~~..tÞs~:;¡:¡ççiJiçj~~l1(~_a.Lh<mº· ~11lº-J"ççp_l\fÜhÙUhç)!JJÙ1!lK1Üm~Jim¡L-1:\bQ-,JJE)l!gJLw-ç-aJ1PIççiªtç Yº_l1LQJ1ir!lQI!",jLwiJ1_11çlpJl1ç_('Q1Jlmi"siQlJ_gIe_ªtlyi[YQllÇQntlÌbmç to the body of 1àcts being considered and keep your opinions brief. We will not reopen the public hearing once it has been closed." ~_ . _TheChairperson asks that all those wishing to j;ive testimony identify ~ themselves bv name and address at the public podium. The Chairperson may also request that those wishing to speak fill out speaker slips. 1. The Chairperson can organize the speakers' comments to facilitate the meeting. 1. Persons may speak more than once onlv after obtaining pemlission from the Chairperson. Notwithstanding the above, the Chairperson may jmpose limits on any person's testimony or comments when the time taken by the person becomes excessive or when the testimony becomes repetitious or ir:rçleyant. IÇ, !~J}1ember oLthe COn}!lljssion,-~tafLQIQublic !l1ªY ask tl1t'e-weaker 9.!ls.~Ii_ons onlvlvith th.5,:_çç~nsent.9J the (hairp'1'-,,,on. AltI~_spons'èsand ~:mswers shall be made to the Commission through the Chairperson. L. !\nplªl1::;_e_:mºgthçIºÇIl1Qn::;JŒtiQn~ªrçprºhihit(:·ºº-tlringP11ºliçhçm:ing~· . S~lçJL(Jçmqn::;lrªÜQ_n~Jçnºt()imiIl1idªIÇthQ"çjnthçªl1ºjt'I!çç~yhQmªY hªyçyaliº_l:)l!LQPPQsil}gyie\-vPQim~, M. Thç__Chairperson shall detem1ine whether or not to ente11ain a rebuttal by the Applicant prior to the conclusion of the public hearing. l'{-"--~1'þe _ChairpersoB,,.shall clos~ tl1e Qu~lic_ h(:aring after everyone has had the opportunity to speak. .an~ the ite!ll is hITn_edov~r to tl1e _Cº-m!!1Ì~i~ [9r_ discussion and action. The audience is not pennitted to make any further comments unless invited by the Commission. o. No evidence shall be taken after the closing onhe public hearing. public hearing can be reopened onlv by a Jniliolirv vote by the C o111J11issi on. The ~~The Planning Staff shalLretaiIl cgpies of all do~uments or exhibits presented~ I £i:'X!fJ.illlilliLCQlmgIDi~)n,20--º-5,,·&tJ£W1'.æce-º-t.!.r..çkÏ:--º}.(~r.; -- 5 -------.- I~~.:;;~tt;;d;i~d~~t:L~rt;mO:5;;: Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1", List . tab + Not at 0.75" l~_I)~~~t:t:~:_!a~s:~_',,_L~st!~~mmmmmj '(;~i~~~!;;-d-~~t:L;ft:--ï:38;;,---~' (--- ._.~ -- ---_....-------- ~, l Formatted: Tabs: 1", List tab m: Deleted: [Jeri: there is nothing about I imposing time limits for each speaker. There was in the prior version (see below). I note that often the applicant is given more time than other speakers, ! which makes sense since they may have a ! due process right to be heard in more ; 1 detail than other speakers.] i ·"tF;;;;t;d"""~"~"'"""""~"~~""·"'~ -1 Deleted: tenninate the speakingr~ ,r Formatted: Tabs: l;~b~: , t~~~_mil~ed_______£:]ill / f~~matted--~ /, Deleted: ~ ____J::J1}]) tF~';';;;; l~ , C~~!~~~:_~#~___I:SU~~!)ciillJ t!:.ormatted:_~_o.r1!~2 P~______J [-- -----.-----, !! f _ Formatted r:::::IT1D r Delet~: D. _____~_ ""~--< ,. fD;ï;t~~n----m /C~I)~~ilt:t:~:~?_n!:_12?t....___. ,CD;.~;d;~~-c~;;;;;;i~~i~~---~-m----, 'l~()!~ilt:t:~:_~~~!:~~?t m......._._____./ r·-----·-·-····-·-·-------....-······...··...··-...-· .. .........-.-.-.-.-----...--, ..J .i~rmatted i~ " if Formatted ~ ... r161 ,{ Deleted: motion and ] I / /I~~~:===~~~_== Ilr-!':'!:~~~~~""..····""~""~"Ll?1_i I Deleted: ~ Q181J ¡l~~~~~:_~~~~:__l_~_~~_____~_____J ,{D~ï;~d~-~--mmmmm------.-.--...-.----~ / Deleted: ~ .;/¡ /{~;;;;12;;~""~~i ..·(¡;~;-~H~_~s:1 .{ Formatted: Font: 8 pt . . J [.-..............-. .-.---.-....-. ---. -..- .-....-.............-....--.-..., / '. Deleted: G:IPlanning Commisr:::rT9ïl . '. I' / C~,:It!!E!~:~mm....... ._._....__.__r..~[~º1J ··CD~ï~~d;ï~····_··_·_· ·If'<)rl11'!t:t~m........ . .1=mD t~ormatte~: Bullets and ~um:=:::IllD .{ Deleted: A " '-~ i Deleted: a a motion an 'i Deleted: d + .' . f Deleted: ~ l.:~[23J1 ~F~;~~tt;-'~~'~'''.. . . .m.m.m, I i.=mI) 1 Formatted _.I.,::J??J] fF~~;;tt;;-~--- I~ '[ Formatted l.~ ])eILbel'.atLons agd ~ecision.§. shall be b-ªse~ on ti:J.e ....staff l'eP.2rt-,_ d2cu_m~nt§._ ". {Deleted:_____ and exhibits, evidence presented at hearings and stated open and notorious '"..... '-( Forma~·····~~ facts. ' l~~~~~~:~~~':~~.~~.~~.I1·C~JillJ '[ Deleted: . B. . º-,_þ member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. .IIwpµÞJiçJlÇaring.,Ç.ªI1_be..IÇQPS:.I1<:(lÞY tlle_.Çlg~m1illl....QI].JyJ)-Ï.l1Elj.ill:it1 \o.te...QJtl1(~çml1.mj,;,;iº:rL R. VIII. DELIBERA TlONS AND DECISIONS .¡\. The Commission shall not deliberate nor make a decision on the - --- - - -- -.- application until the close of the public hearing. B. C The Chairperson invites discussion and deliberationf\fthe issue at hillld among the Commissioners. D. The Chairperson invites a motion referring to words included in the .~..ßÇI1clªStIl~mç.rg plus Ç.!lªI1~" that thçÇommi~~iQIl_ma.Y.~.lJggest. F 'D1LChairEITSOn concil!.çts the vote Þ}'Lc:pe'lÜ!1...ß.th~m9tj.Qn. A si.lIll1k . \ ' '~ªy~' or ·~na..i.'..j.s nQIm~lJJVSumlj"illL /\.J2ç[son lli~L'yoliJ}g_abstªj!1§'-----'~ ¡notion passes bv simple ll1-ª.Ì.QTitv. f. TbçÇhaimc:r~o.nml]lo.l!nçç~JheI:秵Jt,jl1çlllci¡l1gtl1eIl~1ll1e5.o.fthç 11lemÞen;,...ifª!lY,\'ho....YQtçgiIltl:1çmiIlo.rity, G. IhçÇh.ªimçr~()J1.tl1ank§...~J1ç~çrsfQJ:.çgmiIlgªJ19JºLthçi.r.ç,QlltriÞ.l!tiü.!LtQ +, \ the Commission's decision. H. The SecretarY of the Commission infonns those present of the appeal Rrocess.. IX. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: I. Jhe ~lanninKCommi~sion det~rmines þymajorityvote!ha! ag emergency situation exists, as defmed in Government Code Section 54956.5; j fi:~Ii; ;}I,~ir1£S;>~ll!Jl.ü!i~¡(~ 2q_2?J~,!:ile~~fP~(:_~Qmf~2:Q;i-{~~ __ -6 -- -- - -- ~ +, "' . . ,t~~~I11."tt:~_..._ ...! ... [301 I Ü~~;~tt~ .__m. ···'I~ \ i Formatted l~ ~~tted:Buïï~~~·~d· Ñu~ '( Deleted: fo ] ,( Formatted I ... [341 ) \r Fo;;~tt~ . _m .... ..~ If'<)~I11,!~~:~~I!etsa~~~~~ ... [361 ] C~~~~tt;d·· ~ - . .........~ '1 Formatted 038D t~~m~tted: Bullets.and Nurr¡~ 'T Deleted: s . " l Deleted: s ·1 Deleted: ",,; -----1 \L~or~i:I~~.1 ... [401 i \ [F;;;;;;;tt;;¡ .. . ',~ 'f Formatted: Bullets and Nurn~ ..(...._.............__.__.__....m..............................m.............'. .!'.~':"1~__~~.:=IillJ . 'l!ormatted ~ r Formatted: Bullets and Nurn ... [4511 \\\~~~m~m~,~ \ \ t.!'.c:'.':!"~~~_.__.m........... I ... [471 1 \ rF;;;;~tt;I;·B~~t;;~~dN~~~ \ Formatted I~ '(D-;;i;;t~;.;m. . .m.mm..mm. mmm., (F;;;;;:;;;=m~~~="m.m~ .(Formatted .... ~ [.................................. ... .. .............................. . ".'. i . Deleted: G:'·Planning Commis:l.::l52Tl <011\ \ . , "-', \ "'\ 2. JPe Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3. The item was included in a posted agenda for aprior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Staff, or may request Staff to report back at a subsequent meeting, unless the Planning Commission determines to take action under Section VIII (A-2). I [L:_:JjªlJIJfugJ~Q1L!!Xtj1?~i~)n lq-º~'.~J~~tP_~~?C~41!!.£~=-5:Q2~ -- J- --~---- fD~ï~~d:-; --t Formatted: Font: 12 pt --~ [ De~~~d: t__ m.._._________, __---~-.-..... m________________.m_______~, < Formatted: Font: 12 pt ,{~~~I11~~,:~?_n~: ~_pt___ .m___, Deleted: G:\Planning Commission 2002 \RulesofProcedure 1 0-1 0-02 .doc Page 4.: [1].Formatted Jeri Ram 1/31/Z00S3:13:()O PM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1 ", List tab + Not at 0.75" Page 4: [21Formatted JeriRam 1/3t/:lQOS3:13;()O<PM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1 ", List tab + Not at 0.75" Page 4: [31Deleted JeriRam 1/31/20052:08:()OPM The order of presentation shall be as follows: p_g., 4: [41FPrméltted JeriRam 1/31/:lQ053:14:QOPM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1 ", List tab + Not at 0.75" Page 4: [SlFormatted Jeri Ram 113tl:l00S3:14:00PM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1 ", List tab + Not at 0.75" Page 1: [61Deleted JeriRam 1/31/20053:59:00 PM G:\Planning Commission 2002 \RulesotProcedure I 0 -I 0-02.doc Page 5: [71Formatted Jeri Ram 1/31/20053:42:00 PM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: Not at 0.75" Page 5: [8] Deleted John 21Z/20051:13:00 PM terminate the speaking period of Page.5: [9] Formatted JeriRam .1/311z005.3:4S:()OPM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: 1", Listtab+Notat 005"+ 0.75" Page 5:[101FOrma~d Jeri Ram 1/311:lQ()53:54:()OPM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: Not at OS' + 0.75" Page 5: [11] Deleted Unknown Page 5: [121Formatted JeriRam Indent: Hanging: OS', Tabs: Not at OS' ~gé 5: [131Deléted 1/31/2005 3:54:00 PM 2. 3. 4. Jeri Ram 1/31/20052:37~00PM 1. Summary Presentation by Planning Staff Questions by Planning Commission Comments by Applicant Comments by Other Proponents 5. Comments by Opponents 6. Rebuttal by Applicant if necessary 7. Additional Comments by Staff as appropriate Page S: [14] Formatted JeriRam 1/3.j,/ZOQS3:54:00 pM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: Not at OS' + 0.75" Page 5: [1S1Formatted JeñRam 1131/20053:54:QOPM Indent: Hanging: OS', Tabs: Not at OS' Page 5:[161Formatted Jeri Ram 1131/2Q053:SS:00>PM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: Not at OS' + 0.75" pageS:[171Formatted Jeñ Ram 1/31/Z00S3:55:QOPM Indent: Left: OS', Hanging: OS', Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 2 + Alignment: Left + Aligned at: OS' + Tab after: 0.75" + Indent at: 0.75", Tabs: Not at OS' + 0.75" Page 5: [181Deleted Jeri Ram 1131/20053:54:00 PM Page 1: [19]l)eIeted Jeri Ram G:\Planning Commission 2002 \RulesotProcedurelO -I 0-02.doc 1131/2005 3:59:00 PM Page 6:[20] l)eIeted Jeñ Ram 1/31/2005 3:54:00 PM F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above, the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. Page 6: [21]Formatted JeriRam Indent: Left: OS', Hanging: OS', Tabs: Not at OS' + 0.75" 1/31/2005 3:55:00 PM Page 6: I221Change Jeri Ram 1/31/2005 3:54:00 PM Formatted Bullets and Numbering Page 6:[23] Deleted Jeri Ram 1/31/200S 3:S9:OO PM 1. No evidence shall be taken after the closing ofthe public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. Page6:T241formatted Jeri Ram 1/3J,/~OOSl:S2:00PM Font: 12 pt Page 6: [2S1Formatted Jeri Ram 1/3J,/~OO~3:S6:ooPM Indent: Hanging: 0.5", Tabs: 1", List tab Page 6:I26]formatted Jeri Ram 1/31/200S3:S6:ooPM Indent: Hanging: 0.5" Page 6: [271Formatted Jeri Ram 1/31/2ooS3:S6:oo>PM Indent: Hanging: 0.5" Page 6: [281Formatted Jeri Ram 1/31/200S3:S6:00PM Indent: Left: 0.5", Hanging: 0.5" Page 6: [291Change Formatted Bullets and Numbering Page 6: [30] Formatted Font: 12 pt Page 6: [311Formatted Jeri Ram Indent: Left: 0.5", No bullets or numbering Jeri Ram 1/31/200S 2:S6:00 PM Jeri Ram 1/31/20051:52:00PM 1/31/20053:56:00 PM page 6: [321Formatted Jeri Ram Indent: Left: 0.5", Hanging: 0.5" Page 6: [331Change Jeri Ram Formatted Bullets and Numbering Page 6: [34] Formatted Jeri Ram lndent: Left: 0.5", No bullets or numbering Page 6: (351formatted Jeri Ram Indent: Left: 0.5", Hanging: 0.5" Page 6: (36] Change Jeri Ram Formatted Bullets and Numbering Page 6: [371Formatted Jeri Ram Indent: Left: 0.5", No bullets or numbering Page 6: [38] Formatted Jeri Ram Indent: Left: 0.5", Hanging: 0.5" Page 6: [391Change Jeri Ram Formatted Bullets and Numbering 1/31/200S 3:56:00 PM 1/31/200S 2:56:00.PM 1/31/200S 3:56:00 PM 1/31/200S 3:56:00 PM 1/31/200S 2:S6:OO PM 1/31/2005 3:56:00 PM 1/31/200S 3:56:00 PM 1/31/200S 2:57:00 PM Page 6: [4C)] Fonnatted Jeri Ram Indent: Left: OS', No bullets or numbering Page 6:[411Fonn;a~d Jeri Ram Indent: Left: OS', Hanging: OS' påge6:[42,lChange Jeri Ram Formatted Bullets and Numbering Påge6f[4~lFormattect Jer;Ram Indent: Left: OS', No bullets or numbering Page 6: 1441Fonna~d Jeri Ram Indent: Left: OS', Hanging: OS' Page 6: [45] Change Jeri Ram Formatted Bullets and Numbering Page 6: [461Formatted Jer; Ram Indent: Left: OS', No bullets or numbering Page6:[4:rlFormattecl Jeri Ram Indent: Left: OS', Hanging: OS' P¡¡ge6:[48]Change Jeri Ram Formatted Bullets and Numbering Page 6: [49] Formatted Jeri Ram Font: 12 pt 1/31/20053:57:00 PM 1/31/2005 3:56:00 PM 1/31/2005 2:59:00 PM 1/31/2005 3:57:00 PM 1/31/2005 3:56:00 PM 1/31/2005 2:59:00 PM 1/31/2005 3:57:00 PM 1/31/2005 3:56:00 PM 1/31/2005 3:00:00 PM 1/31/2005 1:52:00 PM page 6: [50] Fonnattecl Font: 12 pt Page 1: [511fomta~d Jeri Ram Font: 8 pt Page 1: [52,lDeleted JeriRam G: \Planning Commission 2002 \RulesotProcedure 10 -10-02 .doc Jeri Ram 1/31/2005 1:52:00 PM 2/2/2005 2:36:00 PM 1/31/2005 3:59:00 PM REVISED February 8, 2005 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE 1. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the Community Development Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. ATTENDANCE A. Commissioners must attend a75% ofregular and special meetings in a 12- month period. B. The Secretary to the Commission shall provide the Mayor with a monthly attendance report and quarterly overview of attendance by Commission members. C. The Secretary to the Commission shall notify the Mayor if a Commission member is absent fÌom three-consecutive meetings. The Commission member shall also be notified that they may be recommended for removal from the Commission. III OFFICERS A. The Planning Manager will serve as the Secretary to the Commission. B. Election and Term of Office The Chairperson and Vice Chairperson are elected by the majority of the Commission for a one-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 at least four Commission members are present. C. Vacancies In case of any vacancy in the office of Chairperson, Vice Chairperson or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. D. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and Chairpersons of committees. 3. Signs correspondence on behalf of the Commission. 4. Represents the Commission before the City Council. 5. 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 inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. E. Committees The Chairperson, upon approval of the Commission, may appoint several of its members, but fewer than a quorum, to serve as or on a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Chairperson may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Councilor other bodies unless it has first received the authorization of the Commission to do so. IV. MEETINGS A. Beginning in June, 1995, regular meetings shall be held on the second and forth Tuesdays of each month at 7:00 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin, California. B. If the regular meeting place is unable to accommodate the meetings, the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate, the Commission, or Chairperson in the event of an emergency, may order that the meeting be held in another place. C. Items for public hearing will normally be considered at the beginning of each meeting. G:\Planning Commission 2005 \RulesotProcedure2-8-05.doc 2 D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. E. A majority of the voting members of the Commission shall constitute a quorum for the Commission. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11 :00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. V. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any member requests a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. VI. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: A. The date, time, and location of the meeting. B. A brief general description of each item of business to be transacted or discussed at the meeting. C. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. D. The agenda of each meeting will normally include the following items: G:\Plmming Conunission 2005 \RulesotProcedure2-8-05.doc 3 1 . Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or unfinished Business 10. Other Business (Commission/Staff Informational Only Reports) 11. Adjournment E. At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California. F. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Community Development Department. VII. PUBLIC HEARING PROCEDURES B. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. C. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. D. The Chairperson opens the public hearing and invites the appropriate Staff to report on the item at hand. E. The Chairperson asks the Commissioners if they have any clarifying questions for Staff. F. The Chairperson announces to all a brief summary of what this item is about and what is the type of action that is expected fÌom the Commission on the item. G. The Chairperson invites public comments on the item by reading the following statement: G:\Planning Commission 2005 \RulesotProcedure2-8-05.doc 4 "Please organize your comments to address the specific issue at hand and keep within the 3 minute time limit. Also, though we appreciate your opinions, it will help the Commission greatly if you contribute to the body of facts being considered and keep your opinions brief. We will not reopen the public hearing once it has been closed." H. The Chairperson asks that all those wishing to give testimony identify themselves by name and address at the public podium. The Chairperson may also request that those wishing to speak fill out speaker slips. 1. The Chairperson can organize the speakers' comments to facilitate the meeting. 1. Persons may speak more than once only after obtaining permission fÌom the Chairperson. Notwithstanding the above, the Chairperson may impose limits on any person's testimony or comments when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. K. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. L. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. M. The Chairperson shall determine whether or not to entertain a rebuttal by the Applicant prior to the conclusion of the public hearing. N. The Chairperson shall close the public hearing after everyone has had the opportunity to speak, and the item is turned over to the Commission for discussion and action. The audience is not pennitted to make any further comments unless invited by the Commission. O. No evidence shall be taken after the closing of the public hearing. The public hearing can be reopened only by a majority vote by the Commission. P. The Planning Staff shall retain copies of all documents or exhibits presented. Q. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. G:\Planning Conunission 2005\RulesotProcedure2-8-05.doc 5 R. The public hearing can be reopened by the Chairman only by majority vote of the Commission. VIII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. C. The Chairperson invites discussion and deliberation of the issue at hand among the Commissioners. D. The Chairperson invites a motion referring to words included in the Agenda Statement plus changes that the Commission may suggest. E. The Chairperson conducts the vote by repeating the motion. A simple "aye" or "nay" is normally sufficient. A person not voting abstains. A motion passes by simple majority. F. The Chairperson announces the result, including the names of the members, if any, who voted in the minority. G. The Chairperson thanks speakers for coming and for their contribution to the Commission's decision. H. The Secretary of the Commission informs those present of the appeal process. IX. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: 1. The Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2. The Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or G:\Planning Commission 2005 \RulesotProcedure2-8-05.doc 6 3. The item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Staff, or may request Staff to report back at a subsequent meeting, unless the Planning Commission determines to take action under Section VIII (A-2). G\Planning Commission 2005 \RulesotProcedure2-8-05.doc 7