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HomeMy WebLinkAboutItem 6.5 BylawAmendP&CS H&CA CITY CLERK File# I 91 1 - 10__1 AGENDA STATEMENT 9 / O-- 70 CITY COUNCIL MEETING DATE: November 19, 2002 ~;~-",~O SUBJECT: Amendments to the Bylaws of the Parks & Community Services Commission, and the Heritage & Cultmal Arts Commission; and the Dublin Municipal Code Chapter 2.12 - Planning Commission Report Prepared by: Joni Pattillo, Assistant City Manager ATTACHMENTS: 1.) Resolution Amending Bylaws and Rules of Procedure for the Parks and Community Services Commission 2.) Resolution Amending Bylaws and Rules of Procedure for Heritage and Cultural Arts Commission 3.) Rules of Procedure of the Planning Commission 4.) Ordinance Amending the City of Dublin Municipal Code Chapter 2.12- Planning Commission RECOMMENDATION: 1) Adopt the Resolution Amending the Bylaws and Rules of Procedure of the  Parks and Community Services Commission  2) Adopt the Resolution Amending the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission 3) Direct the Secretary of the Planning Commission to put forth the Amendment to the Bylaws and Rules of Procedure of the Planning Commission as it relates to the reporting of attendance of the Commissioners to the Mayor. 4) Open Public Heating on Amendments to the Municipal Code Chapter 2.12- Planning Commission 5) Receive Public Testimony 6) Close Public Hearing 7) Deliberate 8) Waive reading and Introduce Ordinance FINANCIAL STATEMENT: None DESCRIPTION: At its meeting of November 5, 2002, City COuncil gave direction to staff to amend the Bylaws of the Parks and Community Services and Heritage and Cultural Arts Commissions, as well as Dublin Municipal Code Chapter 2.12 that pertains to the Planning Commission. City Council's intent in making these COPIES TO: ITEM NO. ~ H]cc-forms/agdastmt. doc /~ ~ amendments to the three City Commissions were twofold: 1) to ensure that Commission terms lengths encourage increased participation by a wider variety of Dublin citizens; 2) to ensure that proper procedures are in place with attendance at both the regular and special Commission meeting. City Council wanted the following amendments to apply to all three Commissions: Commissions may serve a maximum of eight (8) years with two (2) year terms. Commissioners must attend 75% of regular and special meetings in a 12-month period. The Secretaries to the Commissions shall provide the Mayor with a monthly attendance report and quarterly overview of attendance by Commission members. c~ The Secretaries to the Commissions will 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. Staff is also recommending another clean-up amendment to all three Commissions to change the term ending date from November to December. That proposed amendment has already been incorporated in the language listed below. · Parks and Community Services Commission Term of Office and Removal as currently stated in Section III of the Bylaws and Rules of Procedure: A. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in November of an even numbered election year. Two (2) Commissioners shall initially be appointed to two (2) year terms. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. There shall be no limit to the number of terms a Commission member may serve. B. Thc term of the student member shall bc for one (1) year, commencing July 1st and terminating on the following June 30th. C. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of thc City Council. D. If a member of the Commission is absent from all regular, meetings for a period of 90 days from the last regular meeting without permission from said Commission, or if a Commissioner member ceases to reside in the City of Dublin, said Commissioner's office shall be declared vacant. The proposed amendments to the Term o_£ Office and Removal in Section III q£ the Bylaws and Rules Of Procedure: A. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December Novemb~ of an even numbered year. ~m..-~ tax t-^~..;oo;~._. ...... .~ h.m. ~. ;,~;,; nl~.. ,. ..... :~,~ .~ · .... m~ ..... ,~.-~ At the end of a Commissione~ member's term, the Commission member may be reappointed to the Commission in the same manner the initial appointment mg .... g~u ~.~ ~.. u.~;, ,^ ,~. ..... ~.~ ^~', .... r~^.~-.;~; ..... ~. ...... s .... Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. B. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. C. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City ~ Council. D. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary. to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. 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 removed from the Commission. · Heritage and Cultural Arts Commission Term of OffiCe and Removal as currently stated in Section III of the Bylaws and Rules of Procedure: A. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in November of an even numbered year. Three (3) Commissioners shall initially be appointed to two (2) year terms. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. There shall be no limit to the number of terms a Commission member may serve. B. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. C. If a member of the Commission is absent from all regular meetings for a period of 90 days from the last regular meeting without permission from said Commission, or if a Commissioner member ceases to reside in the City of Dublin, said Commissioner's office shall be declared vacant. The proposed amendments to the Term o_f Of_rice and Removal in Section III o_f the Bylaws and Rules of Procedure: A. Commission members shall be appointed for terms which mn four (4) years beginning in December of even numbered election years and ending in December Novemb~ of an even numbered election year. Two r~x r~.~.~:~; ...... ,.~11 ;..;,;.,m, ,. ..... ;-+~'~ *'- *'-,'- ~'~ ..... *~'""~ At the end of a Commissione~ member's term, the Commission member may be reappointed to the Commission in the the initial appointment ~v,. .... ,.~, ,.8 .~ 1;~;, ,^ ,h ..... ,.8. same manner as . ................................ .. .~.. ^*'*~--'--'o a r~.~;~; ..... ~. ........... Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. B. The term of the student member shall be for one (1) year, commencing July 1 st and terminating on the following June 30th. C. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. D. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary. to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. 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 removed from the Commission. Planning Commission The Planning Commission, unlike the Park and Community Service and Heritage and Arts Commissions adopts and amends the Rules of Procedure for Planning Commission rather than City Council. It is recommended that the City Council direct the Secretary to the Planning Commission to make the following amendments to the Planning Commission Rules of Procedure to read as follows: "The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. 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 removed from the Commission." The following items listed below illustrates'the current language in Section 2.12.020 of the City of Dublin Municipal Code and the proposed amendment and additions to this section: Term of Office and Removal as currently stated in Section 2.12.020 of the City of Dublin Municipal Code: A. They shall be appointed for a term of four (4) years except that two (2) of the members first appointed following enactment of the ordinance codified in this section shall serve for a two (2) year term. Terms shall begin in December of even- numbered election years and end in November of even-numbered years (or until successors are appointed). If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council.' The Mayor may, with approval of the majority of the City Council, remove a Planning Commissioner at any time during the Commissioner's term of office. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the city. Proposed amendment to the Term of Office and Removal as currently stated in Section 2.12. 020 of the City of Dublin Municipal Code: A. They shall be appointed for a term of four (4) years__.,-,--,,~v- ..... s,,,~,~,,~,~*;^" o~"*'~u~,,- o,,~ ..... ,,, ,,,*'^-~ ,~ ~ ""^,,,,, v--~t'*x ..... ~,,,~ *~,,~,~ . Terms shall begin in December of even- numbered election years and end in'Novemb~ December of even-numbered years (or until successors are appointed). If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council. The Mayor may, with approval of the majority of the City Council, remove a Planning Commissioner at any time during the Commissioner's term of office. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the city. A new Section 2.12.020C is beingproposed to the Municipal Code to read as follows: " Section 2.12.020C Planning Commissioners must attend at least 75 percent of regular and special Planning Commission meetings in any 12-month period. Any Planning Commissioner who is absent from 25% or more meetings within a 12-month period or is absent from three (3) consecutive Plannin¢ Commission meetings may be removed from the Plannin~ Commission pursuant to Section 2.12.020B of the Municipal Code." A new Section 2.12. 060 beingproposed to be added to the Municipal Code to read as_follows: "Section 2.12.060 Term Limits No person shall serve as a Planning Commissioner for more than two (2) consecutive term~q. 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 four (4) years plus one (1) day." In closing, Staff recommends that the City Council: A. Adopt the Resolutions amending the Bylaws and Rules of Procedure of the Parks and Community Services and Heritage and Cultural Arts Commission. B. Direct the Secretary of the Planning Commission to put forth the Amendment to the Bylaws and Rules of Procedure of the Planning Commission as it relates to the reporting of attendance of the Commissioners to the Mayor. C. Open the public hearing on the amendments to the Municipal Code Chapter 2.12- Planning Commission, receive public testimony, close public hearing, deliberate, waive the reading, and Introduce the Ordinance amending Dublin Municipal Code Chapter 2.12- Planning Commission. RESOLUTION NO. - 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARKS AND COMMUNITY SERVICES COMMISSION AND RESCINDING RESOLUTION NO. 178-02 WHEREAS, Resolution No. 57-83 was adopted by the City Council on October 10, 1983 which created a Parks and Recreation Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.'s 137-88, 135- 90, 129-92, 137-92, 93-94, 130-98 and 178-02; and WHEREAS, it is desirable to limit the number of terms Commission members can serve to a maximum of eight (8) years with two (2) 4-year terms and to clarify the attendance requirements of Commission members; and WHEREAS, Section 1II of the Bylaws and Rules of Procedure dealing with Terms of Office and Removal has been modified to reflect these changes. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the amended Bylaws and Rules of Procedure for the Parks and Community Services Commission as contained in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the provisions contained in resolution No. 178-02 are hereby rescinded. PASSED, APPROVED AND ADOPTED this day of__, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 1 I. GENERAL PROVISIONS A. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of thc City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by thc public. B. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. II. COMMISSION COMPOSITION AND METHOD OF APPOINTMENT A. Thc Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student from the Dublin Unified School District. B. The Mayor shall make all appointments to the Commission, with the approval of the City Council. C. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. HI. TERM OF OFFICE AND REMOVAL A. Commission members shall be appointed for terms which run four (4)years beginning in December of even numbered election years and ending in Novembe~ D_ecember of an even numbered election year. ~ At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. There ,~^~:~o; ..... ~, ...... ~,,_, e Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. B. The term of the student member shall be for one (1) year, commencing July 1 st and terminating on the following June 30th. C. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. D. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary. to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. The Secretary. to the Commission Bylaws and Rules of Procedure - Draft Page 1 of 3 Parks and Community Services Commission November 19, 2002 IV. VA CANCIES Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. V. OFFICERS A. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in December of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, Whichever is first. The secretary to the Commission will be the City Manager or his designee. B. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. C. Duties of Officers. The Chairman performs the following duties: : 1. Presides at all meetings of the Commission. 2. Appoints committee and chairpersons of committees as necessary. 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 the inability to act of both the Chairperson and the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committee's 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. VI. MEETINGS A. The Commission shall hold regular meetings at least once per month at a designated time and place which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. B. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. VII. GENERAL RESPONSIBILITIES OF THE COMMISSION The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of recreation and community services and facilities; furore recreation and community service needs; conduct of persons using park and recreation facilities; rules for the use of park and recreation facilities by the public. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee, the Heritage Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. VIII. DUTIES OF COMMISSION TO BE ADVISORY ONLY It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in. their supervision, or authority over property or personnel which are Under their respective jurisdictions. IX. STAFF ASSISTANCE The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. X. AMENDMENTS These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. RESOLUTION NO. - 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE HERITAGE AND CULTURAL ARTS COMMISSION AND RESCINDING RESOLUTION NO. 132-99 WHEREAS, Resolution No. 132-99 was adopted by the City Council on July 6, 1999 which created a Heritage and Cultural Arts Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, it is desirable to limit the number of terms Commission members can serve to a maximum of eight (8) years with two (2) 4-year terms and to clarify the attendance requirements of Commission members; and WHEREAS, Section III of the Bylaws and Rules of Procedure dealing with Terms of Office and Removal has been modified to reflect these changes. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the amended Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission as contained in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the provisions contained in resolution No. 132-99 are hereby rescinded. PASSED, ,APPROVED AND ADOPTED this day of__, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 2 I. GENERAL PR 0 VISIONS A. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of 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 activities of the Commission. II. COMMISSION COMPOSITION AND METHOD OF APPOINTMENT A. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. B. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. C. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. D. Commission members may resign at any time by giving written 'notice to the Mayor and City Clerk. m. TERM OF OFFICE AND REMOVAL A. Commission members shall be appointed for terms which mn four (4) years beginning in December of even numbered years and ending in ~qovembe~ December of an even numbered Commissione~ member's term, the Commission member may be reappointed to the Commission r~,.,.,~:~: ..... *. ........... Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. B. Any member of the Commission may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. C. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. 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 removed from the Commission. Bylaws and Rules of Procedure - Draft Page 1 of 3 Heritage and Cultural Arts Commission November 19, 2002 Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. V. OFFICERS Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-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 December of each year. Elections, whether regular or to fill vacancies shall be held only ifa simple majority of the Commission members are present. The secretary to the Commission will be the City Manager or his designee. B. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. C., Duties of Officers. The Chairman performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committee and chairpersons of committees as necessary. 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 the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members 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. VI. MEETINGS A. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. B. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Bylaws and Rules of Procedure - Draft Page 2 of 3 Heritage and Cultural Arts Commission November 19, 2002 VII. GENER,4L RESPONSIBILITIES OF THE COMMISSION The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: 1. The restoration, maintenance and operation of the Heritage Center. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of Heritage Center facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using the Heritage Center facilities; and rules for the usc of the Heritage Center by the public. 2. Thc promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Center and Dublin Sculpture Park; and recommendations for policies on art, cultural activities and facilities. VIII. DUTIES OF COMMISSION TO BE.ADVISORY ONLY The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which arc under their respective jurisdictions. IX. STAFF ASSISTANCE Thc City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. X. AMENDMENTS These Bylaws and Rules of Procedure may be amended in thc same manner as originally adopted. Bylaws and Rules of Procedure - Draft Page 3 of 3 Heritage and Cultural Arts Commission November 19, 2002 REsoLuTION NO. 99 - 01 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 ~ransaction of the Commission's business; and WHERE/~S, effective January 12, 1999, the election of officers will take place the.first meeting in January of each year, or when new Commissioners are seated; and WHEREAS, changing the election month will coincide with the appointment of new Commissioners by the City Council which usually occurs in December of appointment years; and WHEREAS, on September 5, 1995, the Planning Commission did previously adopt amendments to the Dublin Planning Commission Rules of Procedure; and WHEREAS,. on January 12, 1999, the Planning Commission reviewed amendments to the Dub!in Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED January 12, 1999 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. 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. H. OFFICERS A.. The Community Development Director 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. 1 ATTACHMENT 3 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 Ms/her inability to act, the Vice Chairperson presides in place of the Chairperson. hi the event of the absence of or inability to act of both the Chairperson and Vice Chairperson, the remai,!ng 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 desiral~le, 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 Council or other bodies unless it has first received the authoriZation of the Commission to do so. ..: .HI. 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 Commlssion 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 beglnning 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 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 I 1:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. IV. VOTING A. No oftdmial action shall be transaeied by less than the afftrmative vote of a majority of the quorum present, and at least three afYa'mafive votes shall be required to recoramend 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. V. 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 meet'.mg. e. 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 Comm. ission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. The agenda of each meeting will n0rmally 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 I0. Other Business (Commission/Staff Informational 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. VI. 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. 3 ~"~' B. The Chairperson shall determine ii'the Applicant or representative is in attend~_n.c¢ at the Public - hearing. If the AppliCant or representative fails to attend the public hearing, the Planning Commission may'fake action to deny, continue, or approve the item. The item may be continued if the Planning Commission r~ceives written notification of the 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. Rebuttalby 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 extfibits presented. F. Ali those wishing to give testimony shall identify themselves by ~anae 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. I. 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 al[er the closing of the public hearing. The public hearing may be · reopened for the t~king of further eyidence at the discretion of the Chairpbrson. 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. VII. DELIBERATIONS AND DECISIONS A. ' The Commission shall net deliberate nor make a decision on the applicmion until the close of the public hearing. B. Deliberations and decisions shall be based on the staffrepor~ documents and exhibits, evidence presented at hearings, and stated open and notorious facts. VIII. 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. "the Planning C0~mlssion 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 of the public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Slaff, or may request Staff to report ba~k at a subsequent meeting, unless the Pl~nning Commission determines to take action under Section VIII (A-2). PASSED, APPROVED AND ADOPTED this 12th day of January, 1999. AYES: Cm. Jenuings, Johnson, Musser, and Oravetz NOES: ABSENT: . · Cm. Hughes Planning Commission Chairperson ATTEST: Community Development Direct°r (gAagenda\I999\l-12 sr pc rules) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING DUBLIN MUNICIPAL CODE CHAPTER 2.12 TO PROVIDE FOR TERM LIMITS AND REMOVAL FOR LAPSE IN ATTENDANCE FOR PLANNING COMMISSIONERS THE CITY COUNCIL OF THE CITY OF ,DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. PURPOSE Ordinance No. 5 Sections 2 and 3 in 1982 established the membership, appointment and term and removal of Planning Commissioners, as amended by Ordinances 12-84 and 16-92. The purpose of this Ordinance is to establish term limits and attendance requirements for the Planning Commission. Section 2. AMENDMENT OF THE MUNICIPAL CODE A. An amendment of Section 2.12.020 to read as follows: They shall be appointed for a term of four (4) years,e,,,,,,},,- ~,~*;~- -*-~' ..... for a * .... ~*~ ..... *~ Terms shall begin in December of even-numbered election years and end in ~ December of even numbered years (or until successors are appointed). If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. B. A new Section 2.12.020C is hereby added to the Municipal Code to read as follows: Section 2.12.020 Membership-Appointment-Term-Removal "Section 2.12.020C Planning Commissioners must attend at least 75 percent of regular and special Planning Commission meetings in any 12-month period. Any Planning Commissioner who is absent from 25% or more meetings within a 12-month period or is absent from three (3) consecutive Planning Commission meetings may be removed from the Planning Commission pursuant to Section 2.12.020B of the Municipal Code." ATTACHMENT 4 C. A new Section 2.12.060 is hereby added to the Municipal Code to read as follows: "Section 2.12.060 Term Limits No person shall serve as a Planning Commissioner for more than two (2) consecutive 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 four (4) years plus one (1) day." Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 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 by the City Council of the City of Dublin this __ day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk Chapter 2.12 PLANNING COMMISSION Sections: 2.12.010 Planning Agency established. 2.12.020 Membership---Appointment--Term--Removal. 2.12.030 Expenses and compensation. 2.12.040 Chairman--Rules--Records~Meetings. 2.12.050 Powers and duties--Generally. 2.12.140 Appeals--Transmittal of record. 2.12.150 Appeals--Community Development Director to be represented. 2.12.160 Appeals--Notice of hearing. 2.12.170 Appeals--Action on appeal by City Council. 2.12.010 Planning Agency established. Pursuant to Government Code Sections 65000 et seq., there is established a Planning Agency consisting of a Planning Commission. (Ord. 5 § 1, 1982) 2.'12.020 Membership--Appointment~Term--Removal. A. The Planning Commission shall consist of five (5) members. They shall be appointed for a term of four (4) years=._....~..~..+ *ha*., . ,,A,,-,..... Terms shall begin in December of even-numbered election years and end in ~ December of even-numbered election years (or until successors are appointed). If a vacancy occurs othe~ise than by expiration of term, it shall be filled by appointment for ~he unexpired potion of the term. B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council. The Mayor may, with the approval of a majori~ of ~he City Council, remove a Planning Commissioner at any time during the CommissioneCs term of office. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the city. (Ord. 16-92 ~ 1' Ord. 12-84 ~ 1: Ord, 5 ~ 2, 3, 1982) C. Planning Commissioners must a~end at least 75 percent of regular and special Planning Commission meetings in any 12-month period. Any Planning Commissioner who is absent from 25% or more meetings within a 12-month period or is absent from three (3) consecutive Planninq Commission meetings may be removed from the Planning Commission. pursuant to Section 2,12.020B of the Municipal Code." 2.12.030 Expenses and compensation. Planning Commission members shall be entitled to reimbursement for expenses as the Council may approve. In addition, Planning Commission members 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 shall not be deemed to be city employees by virtue of such payment. (Ord. 24-99 § 2 (part): Ord. 11-89 § 1: Ord. 5 § 4, 1982) 2.12.040 Chairman--Rules--RecordswMeetings. The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership annually. In the absence or disability of either the Chairperson or Vice Chairperson, the Commission may designate a temporary Chairperson. The Commission shall hold at least one (1) regular meeting each month and such other meetings as may be necessary. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. The rules shall provide that not less than three (3) affirmative votes shall be required to recommend matters to the City Council for adoption. The Commission shall appoint a secretary who may be one of its members or someone else. (Ord. 16-92 § 2: Ord. 5 § 5, 1982) 2.12.050 Powers and duties--Generally. The Planning Commission shall have the power and it shall be its duty: A. To recommend for adoption by the City Council a comprehensive long-term general plan for the physical development of the city and of any land outside its boundaries which in the Planning Commission's judgment bears relation to its planning; B. To recommend for adoption by the City Council specific plans based on the general plan and drafts of such regulation, programs and legislation as may in its judgment be required for the systematic execution of the general plan; C. To periodically review the capital improvement program of the city; D. To recommend for adoption by the Council a zoning ordinance and to perform such other duties in reference to planning and zoning and land use matters as may be required by the Council. (Ord. 5 § 6, 1982) 2.12.060 Term Limits. No person shall serve as a Planning Commissioner for more than two (2) consecutive 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 four (4) years plus one (1) day." 2.12.140 Appeals--Transmittal of record. The City Clerk shall indicate upon every notice of appeal received pursuant to Section 2.12.130 the date upon which it was filed, and shall forthwith transmit a copy thereof to the Community Development Director. The Community Development Director shall immediately make available to the City Council all of the documents constituting the record upon which the action appealed was taken. (Ord. 5-96 § 1 (part); Ord. 11 § 2, 1982) 2.12.'150 Appeals--Community Development Director to be represented. The Community Development Director shall be represented at the hearing on the appeal, in order to make known the reasons for the action taken. (Ord. 5-96 § 1 (part); Ord. 11 § 3, 1982) 2.12.160 Appeals--Notice of hearing. The City Council shall give written notice of the time and place for hearing any appeal filed pursuant to Section 2.12.130. Such notice may be published and shall be given to the applicant, to the appellant, to the Planning Commission and the Community Development Director, and to any other person requesting such notice and depositing with the City Clerk a self-addressed, stamped envelope to be used for that purpose. (Ord. 5-96 § I (part); Ord. 11 § 4, 1982) 2.12.'170 Appeals--Action on appeal by City Council. The City Council may hear additional evidence and may sustain, modify or overrule any action brought before it on appeal pursuant to Section 2.12.130, and may make such findings and decisions as are not inconsistent with state law and city ordinances; provided that, if no motion relative to the action appealed attains a majority vote of the City Council within thirty (30) days from the date of the hearing by the City Council thereon the action shall stand sustained and :be final. (Ord. 11 §. 5, 1982)