REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on Revisions to Planning Commission Policies and Procedures, Including a New Policy Designating Representatives to Appear at City Council Meetings; Appointment of Representative and Alternate
Report
BACKGROUND
Section 2.120.020(a) of the Santa Clara City Code authorizes boards and commissions to establish rules and regulations governing the election of their officers (e.g., Chair and Vice-Chair), the holding of meetings, and the conduct of business. Pursuant to that authority, the Planning Commission adopted Policies and Procedures as early as 1997 and has periodically updated them. Section 2.120.020(f) also requires boards and commissions to adhere to City policies adopted by the City Council.
The Commission last reviewed its Policies and Procedures on July 15, 2020. At that time, the Commission approved seven new or revised rules, including a 10:00 p.m. target for completing regular hearing items, time limits for speakers, and limits on the number of questions Commissioners may ask on each turn. The Governance Committee subsequently reviewed the amendments and recommended against one of them. The City Council adopted that recommendation. The status of the remaining six amendments is unclear.
At the August 12, 2026 Planning Commission meeting, the Commission directed staff to return with a new policy to authorize designated Commissioners to represent the Commission at City Council meetings on matters the Commission had previously considered. If the
This item asks the Commission to readopt the six amendments from 2020 that were not rejected, adopt a new policy on designating Commission representatives, and make additional revisions to conform the Policies and Procedures to City Council policy and current practices. If the Commission adopts the new policy on representation, the Commission will be asked to appoint a representative and an alternate.
DISCUSSION
2020 Rule Changes
On July 15, 2020, the Commission voted to adopt seven new and revised rules. The Governance Committee subsequently recommended against one of those amendments, and the City Council adopted that recommendation. To clarify the status of the remaining six amendments, staff recommends that the Commission readopt them, subject to the conforming revisions discussed below.
Rule 2.1d: Format of Minutes: Rule 2.1 refers to Robert’s Rules of Order, which the Commission historically followed informally. Rule 48 of Robert’s Rules sets forth a detailed list of requirements for the format of meeting minutes. On January 23, 2018, the City Council approved a streamlined “action minutes” template, and the Planning Commission began using the same format. Rule 2.1d formalizes use of that template, with two qualifications:
(1) On September 25, 2019, the Planning Commission voted to amend the Policies and Procedures to require that the action minutes include the exact text of any condition of approval modified by the Commission.
(2) At the July 15, 2020 meeting, the Commission added a sentence clarifying that staff may include additional explanatory information in the minutes rather than recording on the actions taken.
Rule 2.2 Proponent Time Limits. Before the 2020 amendment, the rule limited a project proponent to 10 minutes to present a proposal and five minutes for rebuttal. The amendment added a sentence authorizing the Chair to allow additional time.
Rule 2.4 Public Time Limits. Before the 2020 amendment, the rule allowed members of the public four minutes to speak. The amendment changed that limit to “1 to 4 minutes, at the discretion of the Chair.”
Rule 2.7 Commissioner Deliberations. Rule 2.7 previously limited each Commissioner to two five-minute opportunities to discuss an agenda item and two questions on any one issue. The 2020 amendment removed the two five-minute limits and allowed Commissioners to ask up to three questions on each turn, with additional turns permitted.
Rule 2.8 Adjournment. Before 2019, Planning Commission meetings began at 7:00 p.m., and Rule 2.8 stated that the Commission would endeavor to complete all regular hearing items by 11:00 p.m. At the September 26, 2018 meeting, the Commission asked staff to investigate starting meetings an hour earlier. Beginning in 2019, meetings started at 6:00 p.m. The 2020 amendment to Rule 2.8 correspondingly moved the target for completing regular hearing items to 10:00 p.m.
Rule 2.9 Meeting frequency / Special hearings. Rule 2.9 historically required the Commission to meet twice a month; the 2020 amendment dropped that requirement.
Rule 2.12 Addition of Agenda Items (Rejected). The proposed Rule 2.12 would have authorized the Chair to place any item on a future agenda and allowed any Commissioner to request that the Chair do so. The Governance Committee recommended against this rule because it could commit staff time and organizational resources that had not been evaluated through the City Council’s priority-setting process. A detailed explanation appears in the September 14, 2020 Report to the Governance Committee (Attachment 2). The Committee instead recommended that all City boards and commissions submit annual work plans for City Council review and approval at its annual Priority Setting Session. Rule 2.12 is not proposed for adoption.
August 12, 2026 Commission Direction on Designating Representatives
At the August 12, 2026 meeting, the Commission directed staff to prepare a policy authorizing designated Commissioners to represent the Commission at City Council meetings on matters the Commission had previously considered. Several Commissioners expressed concern that appearing as individuals limited their ability to convey the Commission’s collective position. They wanted an authorized representative to explain the Commission’s recommendations, deliberations, and actions, particularly when minutes or staff presentations might not fully communicate its reasoning.
The Commission discussed an initial framework providing for annual appointment of one representative and one alternate, with one-year terms and consecutive reappointments permitted. Commissioners emphasized that attendance should be discretionary and based on the importance of particular items, rather than being required at every Council meeting.
Commissioners expressly requested language requiring representatives to accurately convey the Commission’s majority position, even when it differed from their own vote or personal views. Representatives should not substitute individual opinions for the Commission’s position. Commissioners would remain free to speak separately as individuals.
In response to that direction, staff proposes the following new Rule 7.2:
Rule 7.2 Representation at City Council Meetings
The Planning Commission shall annually appoint one Commissioner and one alternate Commissioner to serve as its designated representatives at City Council meetings on matters previously considered by the Commission. Appointments shall require approval by a quorum of the Commission and shall be for one-year terms. Commissioners may serve consecutive terms upon reappointment.
The designated representative, or the alternate in the representative’s absence, may attend City Council meetings to explain the Commission’s recommendations, deliberations, and actions. Attendance shall be discretionary and is not required for every matter previously considered by the Commission. The Commission may identify particular matters for representation and may appoint another Commissioner to represent it on a particular matter.
When speaking on behalf of the Commission, the representative shall identify that capacity and accurately convey the Commission’s action and the majority position supporting that action, even when that position differs from the representative’s personal views or vote. The representative shall not substitute personal opinions for the Commission’s position or take a position on the Commission’s behalf that the Commission has not authorized.
A representative intending to attend a City Council meeting shall coordinate with Planning staff in advance to facilitate identification of the representative and arrangements for participation. Subject to City Council meeting procedures and recognition by the presiding officer, the representative may present the Commission’s position and respond to Council questions concerning the Commission’s consideration of the matter.
Nothing in this rule limits a Commissioner’s ability to speak as an individual in accordance with Rule 7.1. Any individual comments shall be clearly distinguished from statements made on behalf of the Commission.
Other Conforming Changes
Rule 2.1 Robert’s Rules. Rule 2.1, as mentioned previously, requires that the Commission conducted its meetings in accordance with Robert’s Rules of Order. Until last year, the Council used them as well. But on June 24, 2025, the City Council adopted new Council Policy 055, which replaced Robert’s Rules with the simpler Rosenberg’s Rules of Order. The Council took this action for the conduct of its own meetings, but importantly, also applied the new policy to all boards and commissions. As such, Planning Commission Rule 2.1 has not been in effect since the Council adopted Policy 055.
Staff recommends a revision to Rule 2.1 to simply reflect that the Commission will utilize the rules of procedure as directed by Council.
In general, Rosenberg’s is much less complex than Robert’s, and more oriented towards smaller legislative bodies, like cities. That said, the core provisions of Robert’s and Rosenberg’s are substantially the same. Notable differences include: Rosenberg’s allows the maker of a motion to voluntarily withdraw the motion while Robert’s requires a formal vote of the body; Rosenberg’s allows for informal “friendly” amendments to motions, while Robert’s requires a formal amendment process with a full vote; in addition to the main motion, Robert’s allows multiple “secondary” motions to be proposed and pending before the main motion is considered, while Rosenberg’s only allows for a total of only three pending motions.
Rule 2.1c Suspense of Robert’s Rules. Both Robert’s Rules and Rosenberg’s Rules recognize a “motion to suspend the rules.” It allows the body to temporarily suspend its rules of order, conduct, or procedure for a particular purpose. Rule 2.1c requires a supermajority of the Commissioners present to pass a motion to suspend Robert’s Rules. Staff proposes retaining this rule, but simply changing the reference to Rosenberg’s Rules.
Rule 4.3 Role of Chair. There are minor typos in this section that will be corrected.
Rule 8.1 Work Plan. The current rules direct the Commission to prepare a work plan “for each session of the Commission upon rotation of a new Commission Chair,” which typically takes place in July each year. A minor revision to Rule 8.1 is proposed to delete the reference to the specific time of year, as the current schedule is for Council to consider workplans each July, and so a Planning Commission action in July would be too late.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the Community Development Department.
PUBLIC CONTACT
Public contact was made by posting the Planning Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Adopt the proposed revised Planning Commission Policies and Procedures (Attachment 1).
2. Appoint a representative and an alternate pursuant to new Rule 7.2.
3. Adopt the proposed revised Planning Commission Policies and Procedures, with additional revisions
4. Refer the matter back to staff for additional research and/or revisions
RECOMMENDATION
Recommendation
1. Adopt the proposed revised Planning Commission Policies and Procedures (Attachment 1).
2. Appoint a representative and an alternate pursuant to new Rule 7.2.
Staff
Prepared by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Revised Policies and Procedures
2. September 14, 2020 Report to the Governance Committee