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HomeMy WebLinkAboutItem 8.2 Bylaws Review Comms CITY CLERK File # CITY COUNCIL MEETING DATE: November 5, SUBJECT: Review of the Bylaws for the Parks and Community Services Commission, Heritage and Cultural Arts Commission, Dublin Municipal Code Chapter 2.12-Planning Commission, and the Dublin Planning Commission Rules of Procedure. . Report Prepared By: doni Pattillo, Assistant City Manager ATTACHMENTS: 1) Parks and Community Services Commission Bylaws 2) Heritage and Cultural Arts Commission Bylaws 3) City of Dublin Municipal Code Chapter 2.12- Planning Commission 4) Planning Commission Rules of Procedure RECOMMENDATION: ~/l~irect Staff on the term lengths and attendance associated with the Parks ~)0 /~4~'~' ~,,and Community Services, Heritage and Cultural Arts, and Planning C~ ~ Y Commissions. FINANCTJ~ STATEMENT: None DESCRIPTION: At 'its September 17, 2002, meeting the City Council directed Staff to review 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 and the Dublin Planning Commission Rules of Procedure. The two key areas of focus of these reviews were in the area of the term length and attendance requirements of the three Commissions in the City of Dublin. City Council intent of this review was twofold: 1) to ensure that Commission term lengths encourage increased participation by a wider variety of Dublin citizens; 2) to ensure that proper procedures were in place with attendance at Commission meetings. The following are the responsibilities of the three Commissions: Parks and Community Services Commission 1. General Responsibility as currently stated in the Section VII of the Bylaws and Rules of Procedure: "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 COPIES TO: ITEM NO. ~ G:\CC-MTGSX2002-qtr 4XNOVXl 1-5-02~as-bylaws.doc / ~/, ~ recreation and community services and facilities; future 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." 2. 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 rnn 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. 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. Ifa 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." Heritage and Cultural Arts Commission 1. General Responsibility as currently stated in the Section VII of the Bylaws and Rules of Procedure: "The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: A. 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 use of the Heritage Center by the public. B. The 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." 2. 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." ca Plannin~ Commission 1. General Responsibility as currently stated in the Section 2.12. 050 of the City of Dublin Municipal Code: "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 the Planning Commission's judgment bears relation to planning; B. To recommend for adopti'on by the City Council specific plans based on the general plan and drafts of such regulation, programs and legislation as my 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." 2. 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 being 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." Staff also completed the following survey of the surrounding Cities regarding Commission term lengths and absences: Agency Parks Commission Heritage &/or Cultural Planning Commission Arts Commission Town of Danville 4-Year Term Arts Commission: 4-Year Term (Limit - None) 4-Year Term (Limit - None) (Limit - None) Heritage Resource Commission: 4-Year Term (Limit - None) City of Livermore N/A- Livermore Area Park Historic Preservation 4-Year Term District (LARPD) is Commission: (Limit- None) responsible for Parks 4-Year Term (Limit - None) Public Art Committee: 4-Year Term (Limit - None) City of Pleasanton 4-Year Term 4-Year Term 4-Year Term (Limit - two 4-year terms (Limit - two 4-year terms (Limit - two 4-year terms or 8 consecutive years) or 8 consecutive years) or 8 consecutive years) City of San Ramon 4-Year Term 2-Year Term 4-Year Term (Limit - three 4-year (Limit - three 2-year (Limit - three 4-year terms) terms) terms) City of Walnut Creek 2-Year Term 3'-Year Term 4-Year Term (Limit - two 2-year terms) (Limit - N/A) (Limit - N/A) Agency Parks Commission Heritage &/or Cultural Planning Commission Arts Commission Town of Danville No Attendance If a Commissioner is If a Commissioner is Requirements absent without cause ~ absent without cause 2 from three (3) successive from three (3) successive regular meetings of the regular meetings of the Commission, the office Commission, the office becomes vacant becomes vacant automatically automatically City of Livermore N/A- Livermore Area Park Historic Preservation No Attendance District (LARPD) is Commission- No Requirements responsible for Parks Attendance Requirements. Public Art Committee - Cannot have more than 3 unexcused absences or miss more than ½ of the meetings during a one year period. City of Pleasanton When a commissioner is When a commissioner is When a commissioner is absent from one-third absent from one-third absent from one-third (1/3) of the regular (1/3) of the regular (1/3) of the regular meetings within a six (6) meetings within a six (6) meetings within a six (6) month period. 2 month period. 2 month period. 2 City of San Ramon In the event of three The COmmission may The Commission may consecutive (or more than report to the City Council report to the City Council 50%) of absences in a when a member of is when a member of is three-month period, the absent from three regular absent from three regular Commission shall review meetings of the meetings of the member' s attendance Commission, Commission, record and shall notify consecutively, unless consecutively, unless City Council of permission for the absence permission for the absence Commission's actions and has been granted by the has been granted by the recommendation with Commission and recorded Commission and recorded regard to such member's in its official minutes in its official minutes. attendance and continued service on the Commission. City of Walnut Creek Commissioners are Commissioners are Commissioners are expected to attend at least expected to attend at least expected to attend at least 75% of regularly 75% of regularly 75% of regularly scheduled Commission scheduled Commission scheduled Commission meetings meetings, meetings. 1 A Commissioner is not absent without cause if the absence is (1) due to illness or (2) unavoidable and has given the Secretary of the Commission written notice before the day of the meeting of absence and supplies the reason for the absence. 2 The City of Pleasanton's attendance and removal procedure is a three-step process: At the end of each six (6) month period, the secretary of the commission shall report the attendance record of each member of the commission to the City Manager, who shall transmit the record to City Council. ~ The City Manager shall notify, in writing, any commissioner who has been absent from one-third (1/3) or more of the regular meetings during the course of six (6) month period and request the that the commissioner submit, in writing, to the City Council the reasons for the absences. The City Council shall determine if the commissioner's reasons for the absences were justified. If the City Council determines that the reasons for the failure of the member to attend the meetings in question were not justified, the City Council shall terminate the term of office of the commissioner and declare the office vacant. The survey results from the five agencies were mixed on how they handled the issues of term-length and attendance of their Commissioners. It is Staff's recommendation that the City Council provide direction to Staff on the term-lengths and attendance associated with the Parks and Community Services, Heritage and Cultural Arts, and Planning Commissions. If any modifications are required, it is Staff's intent to bring back those modifications to the November 19, 2002, City Council meeting for City Council action. I. GENERAL PROVISIONS A. These Rules of Procedure shall be known as thc 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 bc effective on the date of the adoption hereof, and shall govern the meetings and activities of thc Commission. II. COMMISSION COMPOSITION AND METHOD OF APPOINTMENT A. The Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student from thc Dublin Unified School District. B The Mayor shall make all appointments to thc 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. III. 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 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. 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. 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. IV. VA CANCIES Vacancies on the Commission occurring other than by expiration of term shall be filled for the uneTxpired portion of the term in the same manner as the original appointment. ~ ~ ///~/z~ ~ ATTACHMENT 1 Ad~nt~d 9-17-02 V. OFFICERS A. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at thc 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 af[er 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 Al 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; future 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. 2 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. 3 I. GENERAL PROVISIONS A. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of thc City of Dublin. A copy of these Rules and amendments thereto, shall bc filed in thc 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 bc composed of seven (7) members. B. The Mayor shall make all appointments to thc Commission, with thc approval of thc 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 arc 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 bc residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. D. Commission members may rcsigu at any time by giving written notice to the Mayor and City Clerk. III. TERM OF OFFICE AND REMOVAL 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 thc end of a Commissioner member's term, thc Commission member may be reappointed to the Commission in thc 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 fi.om all regular meetings for a period of 90 days from the last regular meeting without permission fi.om said Commission, or if a Commissioner member ceases to reside in the City of Dublin, said Commissioner's office shall be declared vacant. IV. VA C~4NCIES 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. Bylaws and Rules of Procedure ATTACH M E NT 2 Page 1 of 3 Heritage and Cultural Arts Commission July 6, 1999 V. OFFICERS A. 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 if a 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. VII. GENERAL RESPONSIBILITIES OF THE COMMISSION The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: Bylaws and Rules of Procedure Page 2 of 3 Heritage and Cultural Arts Commission July 6, 1999 ~ , 1. The restoration, maintenance and oPeratiOn of the Heritage Center. Such recommendation~ 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 use of the Heritage Center by the public. 2. The 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. VllI. DUTIES OF COMMISSION TO BE AD VISORY 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 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. Bylaws and Rules of Procedure Page 3 of 3 Heritage and Cultural Arts Commission July 6, 1999 2.12.010 Chapter 2.12 year term. Terms shall begin in December of even-numbered election years and end in PLANNING COMMISSION November of even-numbered election years (or until successors are appointed). If a Sections: vacancy occurs otherwise than by expiration 2.12.010 Planning Agency of term, it shall be filled by appointment for established, the unexpired portion of the term. 2.12.020 Membership-- B. Members shall be appointed to the Appointment--Term-- Planning Commission by the Mayor, subject Removal. to the approval of the Council. The Mayor 2.12.030 Expenses and may, with the approval of a majority of the compensation. City Council, remove a Planning Commis- 2.12.040 Chairman---Rules--- sioner at any time during the Commission- Records--Meetings. er's term of office. Removal and appoint- 2.12.050 Powers and duties--- merit of Planning Commission members Generally. shall be made only at a regularly scheduled 2.12.140 Appeals--Transmittal meeting of the City Council. Members of of record, the Planning Commission shall be residents 2.12.150 Appeals---Conununity of the city. (Ord. 16-92 § 1: Ord. 12-84 § DeVelopment Director 1; Ord. 5 §§ 2, 3, 1982) to be represented. 2.12.160 Appeals---NOtice of 2.12.030 Expenses and hearing, compensation. 2.12.170 Appeals---Action on Planning Commission members shall be appeal by City Council. entitled to reimbursement for expenses as the Council may approve. In addition, Plan- 2.12.010 planning Agency ning Commission members shall be paid established, fifty dollars ($50)for each meeting attend- Pursuant to Government Code Sections ed, to a maximum of three (3) meetings in 65000 et seq., there is established a Plan- a calendar month; provided, that Commis- ning Agency consisting of a Planning Corn- sion members shall not be deemed to be mission. (Ord. 5 § 1, 1982)' city employees by virtue of such payment. (ord. 24-99 § 2 (part): Ord. 11-89 § 1: Ord. 2.12.020 Membership-- 5 § 4, 1982) Appointment--Term-- Removal. 2.12.040 Chairman--Rules-- A. Ti~e Planning Commission shall con- Record~l~Ieetings. sist of five (5) members. They shall be ap- The Planning Commission shall elect a pointed for a term of four (4) years except Chairperson and Vice Chairperson from its that two (2) of the members first appointed membership annually. In the absence or dis- following enactment of the ordinance codi- ability of either the Chairperson or Vice fled in this section shah serve for a two (2) Chairperson, the Commission may designate (mbUn ~-m) 18 ATTACHMENT 3 2.12.040 a temporary Chairperson. The Commission 2.12.140 Appeals---Transmittal of shall hold at least one (1) regular meeting record. each month and such other meetings as may The City Clerk shall indicate upon every be necessary. The Commission shall adopt notice of appeal received pursuant to Sec- rules for the transaction of its business and tion 2,12.130 the date upon which it was shall keep a public record of its resolutions, filed, and shall forthwith ~ansmit a copy transactions, fmdings and determinations, thereof to the Community Development The rules shall provide that not less than Director. The Community Development three (3) affh'mative votes shall be required Director shall immediately make available to recommend matters to the City Council to the City Council all of the documents for adoption. The Commission shall appoint constituting the record upon which the ac- a secretary who may be one of its members tion appealed was taken. (Ord. 5-96 § I or someone else. (Ord. 16-92 § 2: Ord. 5 § (part); Ord. 11 § 2, 1982) 5, 1982) 2.12.150 Appeals---Community 2.12.050 Powers and duties--- Development Director to Generally. be represented. The Planning Commission shall have the The Community Development Director power and it shall be its duty: shall be represented at the hearing on the A. To recommend for adoption by the appeal, in order to make known the reasons City Council a comprehensive long-term for the action taken. (Ord. 5-96 § i (part); general plan for the physical development Ord. 11 § 3, 1982) of the city and of any land outside its boun- daries which in the Planning Commission's 2.12.160 Appeals--Notice of judgment bears relation to its planning; hearing. B. To recommend for adoption by the The City Council shall give written no- City Council specific plans based on the tice of the time and place for hearing any general plan and drafts of such regulation, appeal filed pursuant to Section 2.12.130. programs and legislation as may in its judg- Such notice may be publishexi and shall be ment be required for the systematic execu- tion of the general plan; C. To periodically review the capital im- provement 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) 19 (Dublin 6-01) 2.12.160 given to the applicant, to the appellant, to the Planning Commission and the Commu- nity Development Director, and to any other person requesting such notice and deposit- ing with the City Clerk a self-addressed, stamped envelope to be used for that pur- pose. (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 over- mle any action brought before it on appeal pursuant to Section 2.12.130, and may make such f'mdings and decisions as are not in- consistent with state law and city ordinanc- es; 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 sus- tained and be final. (Ord. 11 § 5, 1982) 20-1 ¢o,b~in ~96) 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 transaction of the Commission's business; and WHEREAS, 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 thc 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 Dublin 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. II. 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. ATTACHMENT 4 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 Council or other bodies unless it has first received the authorization of the Commission to do so. III. 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 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 adjoumed by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 3 O-minute increments. IV. VOTING A. No official action shall be transacted by less than the af£m-aative vote o£a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council £or 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 0f 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 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/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 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. 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. 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 takbn after the closing of the public heating. 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. VII. 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. 4 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 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 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). PASSED, APPROVED AND ADOPTED this 12th day of January, 1999. AYES: Cm. Jennings, Johnson, Musser, and Oravetz NOES: ABSENT: ~ Cm. Hughes Planning Commission Chairperson ATTEST: Community Development Director (g:~agenda\1999\l-12 sr pc rules)