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HomeMy WebLinkAboutPC Reso 89-023 Rules of Planning CommissionRESOLUTION NO. 89 - 023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURES WHEREAS, the Planning Commission seeks to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act, Government Code 54950 et seq.; and WHEREAS, on May 15, 1989, the Planning Commission did review and adopt revised Dublin Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds that the following Rules of Procedure are necessary to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 5/15/89 DUBLIN PLANNING COMMISSION RULES OF PROCEDURES 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 Planning 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. Election and Term of Office The Chairperson, Vice Chairperson and Secretary 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 December of each year. Elections, whether regular or to fill vacancies, shall be held only if at least four Commission members are present. B. 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. C. 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. Approves the agenda prior to distribution. 4. Signs correspondence on behalf of the Commission. 5. Represents the Commission before the City Council. 6. 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 the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. 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. 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. Regular meetings shall be held on the first and third Mondays of each month at 7:30 p.m. in the Dublin Library Meeting Room. B. Items for public hearing will normally be considered at the beginning of each meeting. C. Special meetings may be called by the Chairperson or a majority of the members of the Commission. D. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. E. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. IV. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any members request 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. Abstensions 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. VI 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 S. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or Unfinished Business 10. Other Business 11. Planning Commissioner's Concerns 12. 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 Alameda County Library Dublin Branch, 7606 Amador Valley Boulevard, Dublin, California. The Secretary shall executive a Declaration of Poasting which shall be filed in the Dublin Planning Department. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. B. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification 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 S) 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 taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. 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. 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: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action under Section VIII (A-2). PASSED, APPROVED AND ADOPTED this 15th day of May, 1989. AYES: Commissioners Barnes, Burnham, Mack, Okun and Zika NOES: None ABSENT: None Planning Commission Chairperson ATTEST: Planning Direc or