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HomeMy WebLinkAboutItem 4.1 Approve 11-09-1992 Minutes REGULAR FETING - November 9, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, November 9, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 30 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE TO THE FLAG Ken Bestida and his troop of Boy Scouts led the pledge of allegiance to the flag. Suggestion to Cut CTV Channel 30 Budget (330-20) Frank Ruskey stated the City just had a very good election and one of the things that came up in talking about the budget to a lot of people was strong feelings to cut the $45, 000 that we pay to Channel 30 . Most of the people he talked to didn't even know we are part of this service. The State will be nine billion dollars short next year. He did not feel it is appropriate for the taxpayers to have to pay for this. Cm. Moffatt pointed out that Channel 30 is a local channel which only goes to Dublin, San Ramon, Pleasanton and Livermore, and is only for the people in this area. It is one of the ways to get out local information. Some of the revenue comes from Viacom which goes into Channel 30 . Mr. Ruskey stated people don' t want to cut the library hours. He advised that he was just stating what most of the people felt the strongest about. Mayor Snyder encouraged Mr. Ruskey to provide comments when the budget cuts are discussed by the Council in the future. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of October 22, and Regular Meeting of October 26, 1992; CM - VOL 11 - 390 Regular Meeting November 9, 1992 ---------------------------------------------------------------------- COPIES TO: ITEM NO. �. Adopted RESOLUTION NO. 124 - 92 APPROVING THE ALAMO CREEK BIKE PATH PROJECT AND DIRECTING STAFF TO APPLY TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR PROPOSITION 116 FUNDING (1060-90 & 930-30) Adopted RESOLUTION NO. 125 - 92 APPROVING AN AGREEMENT WITH STANLEY F. STEPHENS, JR. FOR INTERIM FINANCE DIRECTOR SERVICES (600-30) Received Finance Report for Period Ending September 30, 1992 (330-50) ; Approved Warrant Register in the amount of $328, 820. 22 (300-40) . Cm. Burton stated he felt the agreement to participate in the home compost bin sharing program was very significant. It will amount to a lot of savings for our landfill and also, people will be able to , get a $100 bin for $25. He encouraged residents to become involved in ' this program and felt it will be very successful . He stated he would buy one of the bins. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 126 - 92 APPROVING AGREEMENT TO PARTICIPATE IN ALAMEDA COUNTY HOME COMPOST BIN SHARING PROGRAM (810-60 & 600-40) PUBLIC HEARING-AMENDMENTS TO MUNICIPAL CODE SECTIONS RELATED TO TRAFFIC SIGNALS, STOP SIGNS & YIELD SIGNS AND ADDITION OF SECTION REGARDING STREET CLOSURES (590-10) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this Ordinance, which was introduced at the September 28th Council meeting, would delegate the approval and installation of a number of traffic control devices to City Staff if minimum City Council established warrant criteria are met, resulting in time savings for the Council, Staff and the general public. The affected Municipal Code Sections would be 6 . 04. 040, 6 . 04 . 060, 6 . 04. 070 and 6. 04 .080 . An additional section would be added regarding street , closures. A Resolution was adopted on September 28th which approved warrants for stop sign and yield right-of-way sign installation. Cm. Burton questioned the basic reason for going through this . The Council only deals with a few requests each year. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ CM - VOL 11 - 391 Regular Meeting November 9, 1992 Mr. Thompson advised that it would save considerable time for Staff to prepare all the necessary paper work for presentation to the City Council. It will speed things up for residents. Also, TJKM Staff time would be saved because if they have done the study, they would need to appear before the City Council. Mr. Ambrose advised that Staff is uncovering all rocks in an effort to try and save money, even if it's a small amount. Cm. Moffatt pointed out that this would speed up the process. Mayor Snyder closed the public hearing. Cm. Jeffery stated this was exactly what the Council asked Staff to do to streamline procedures and try to save money. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15 - 92 AMENDING MUNICIPAL CODE SECTIONS 6.04.040, 6.04,060, 6.04.070 AND 6.04.080 PERTAINING TO TRAFFIC SIGNALS, STOP SIGNS, AND YIELD RIGHT-OF-WAY SIGNS (590-10) PUBLIC HEARING CITY OF DUBLIN ZONE CHANGE PA 92-067 (450-20) Mayor Snyder opened the public hearing. Associate Planner Choy presented the Staff Report and advised that the City proposes to amend the Zoning Ordinance to rezone parcels in ,the vicinity between Village Parkway and Clark Avenue south of Dublin Boulevard, from the M-1 , Light Industrial District to the C-0, Administrative Office District and the C-2, General Commercial District. Mr. Choy explained that the Planning Commission initiated this zone change request in response to the Operating Engineers Credit Union, 6300-6370 Village Parkway, Site Development Review and Zone Change Application. The Applicant is proposing to construct a breezeway that connects their building with the adjacent northern building located on a separate parcel at 6400 Village Parkway, and to rezone their property from the M-1 District to the C-0 District (northern parcel' s zoning designation) . A lot merger application is required to combine both parcels . However, the application cannot be considered at this time because the resulting parcel would be split zoned. The zone change would provide a consistent zoning designation for the combined parcels and would allow the Planning Department to consider the lot merger application. e ■ ■ ■ s e ■ ■ ■ ■ ■ ■ s ■ s ■ ■ ■ ■ ■ ■ a ■ s ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 392 Regular Meeting November 9, '1992 Mr. Choy stated each of the 8 contiguous parcels have been developed with office as the primary use, except the National Food Laboratory parcel located at 6363 Clark Avenue. The County approved the construction of office buildings and the establishment of office uses on these parcels prior to the City' s incorporation. Staff recommended zone change approval for 7 of the 8 contiguous parcels, and City Council direction on whether the zoning should be changed on the National Food Laboratory parcel. Both the property owner and the tenant have objected to any attempt by the City to rezone their property. Cm. Burton asked if there was any major reason to change the zoning on the National Food Laboratory parcel other than the fact of it being contiguous . Mr. Choy stated it would be more consistent. The C-0 District would allow it to operate as a conditional use. The Ordinance allows them to do upgrades to the facility up to 25% of the assessed value every calendar year. Cm. Moffatt questioned what the advantages would be one over the other. Mr. Choy advised that the M-1 District really doesn' t permit offices. Changing it would allow businesses to continue to operate and expand their businesses. C-2 changes would provide consistency with the surrounding parcels . Cm. Burton asked if there were any other uses in the C-0 area that would have to get a conditional use permit. Mr. Choy responded that they are all qualified for that zoning. Bob Bissell, Chief Engineer for the National Food Laboratory, stated he couldn' t understand why they keep getting these demands put on them for changes. He could not see any possible reason for what the City is trying to do now. He asked why the City didn' t just leave them alone. Mr. Ambrose clarified for Mr. Bissell that Staff' s recommendation was to leave the National Food Laboratory parcel in the M-1 District and not change it. Mayor Snyder pointed out that the recommendation of the Planning Commission is not to alter what' s there now. Mr. Bissell apologized for his misunderstanding. Mark Moritz, Architectural Engineer, spoke on behalf of the Operating Engineers' Credit Union and stated the primary reason they are interested in a zoning change is the fact that they have outgrown them' facility. They bought the parcel just to the north and now want CM - VOL 11 - 393 Regular Meeting November 9, ; 1992 to connect the 2 buildings. The problem is that the buildings are in 2 different zones. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 127 - 92 ADOPTING A NEGATIVE DECLARATION FOR PA 92-067 CITY OF DUBLIN ZONE CHANGE FROM THE M-1 , LIGHT INDUSTRIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT AND THE C-0, ADMINISTRATIVE OFFICE DISTRICT IN THE VICINITY OF VILLAGE PARKWAY AND CLARK AVENUE The Council also waived the reading and INTRODUCED an Ordinance amending the Zoning Ordinance to permit the rezoning of real property located at 6602, 6300-6370, 6250 and 6200 Village Parkway and 6379, 6377, 6375 and 6300 Clark Avenue. PUBLIC HEARING - METHOD OF APPOINTING/REMOVING PLANNING COMMISSIONERS, PARK & RECREATION COMMISSIONERS AND SENIOR CENTER ADVISORY COMMITTEE MEMBERS (110-20) Mayor Snyder opened the public hearing. City Clerk Kay Keck advised that the Council provided Staff with direction at the October 26, 1992 City Council meeting related to the method of appointing/removing members of the City' s 3 Boards . Staff was directed to prepare the necessary documents which would: 1 ) Provide for four (4) year terms with a 1 -time beginning exception that two (2) members of each Board would be appointed to two (2) year terms, and three (3) members of each Board would be appointed to four (4) year terms . Terms shall begin in December of even numbered election years and end in November of even numbered election years (or until successors are appointed) . 2) Remove term limits from the Planning Commission. 3) Establish a nominating committee comprised of the Mayor and one Councilmember to interview potential applicants to the 3 Boards, and make recommendations to the Council on the 5 people to be appointed to each Board, and also make a recommendation regarding which 2 members of each Board shall serve 2 year terms . Staff recommended that the City Council conduct a public hearing, determine who shall serve on the nominating committee with the Mayor, waive the reading and on an urgency basis adopt the Planning Commission Ordinance, and finally, adopt the 3 Resolutions related to the Nominating Committee, and the Bylaws and Rules of Procedure for the Park & Recreation Commission and the Senior Center Advisory Committee. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 394 Regular Meeting November 9, 1992 Cm. Burton asked if the Ordinance would require a 4/5 vote to pass as an urgency matter. Staff advised that this was correct. Cm. Burton stated he had a problem with the sentence in Section B of the Ordinance which says the Mayor may, without the approval of other Councilmembers, remove a Planning Commissioner at any time during the Commissioner' s term of office. City Attorney Silver advised that since the Mayor makes appointments, it is reasonable to interpret that the Mayor can also remove them. Cm. Burton stated he felt the City Council wanted some type of open dialogue before this could occur. Cm. Moffatt stated he felt that the wording in Section B of the Ordinance was inconsistent with the Bylaws for the other 2 Boards, which say that members may be removed from office in the same manner as they were appointed. Even though they're appointed by the Mayor, the Council must ratify the appointment, so they should also ratify anyone being fired. Mayor Snyder pointed out that these are procedural questions and it would be more appropriate to discuss them after the public hearing is closed. No members of the public addressed the Council relative to this issue. Mayor Snyder closed the public hearing. Cm. Burton questioned why both documents weren' t the same. Ms. Silver advised that State Law is very specific on how appointments are made, but it does not say how people can be removed from office. Cm. Jeffery pointed out that the City just had an election whereby the public wanted to have the Mayor make these appointments . It is not appropriate for the City Council to now water this down. The documents should be made consistent to have the Mayor remove just as he makes the appointments. Cm. Moffatt stated the voters were also told that the Planning Commission members would be appointed by the Mayor with ratification by the City Council. They should be consistent by saying that the elected Mayor can alleviate someone from their job in the same way. Cm. Burton suggested new language for Paragraph B, to read: "Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council. Any member of the Commission may be removed from the Commission in the same manner as he or she was appointed. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ o ■ ■ ■ CM - VOL 11 - 395 Regular Meeting November 9, 1992 Council. Members of the Planning Commission shall be residents of the City. Cm. Jeffery stated she felt this takes away the power of the Mayor which the people just voted to have. Cm. Burton made a motion, which was seconded by Cm. Moffatt to change the verbiage of Paragraph B, as indicated above. This motion was' defeated due to NO votes cast by Cms. Jeffery and Howard and Mayor Snyder. Mayor Snyder stated he felt State Law is very clear on this. On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority vote, the Council waived the reading and on an urgency basis, adopted the Ordinance. Cms. Burton and Moffatt voted against this motion. Ms. Silver pointed out that the Ordinance is drafted as an urgency Ordinance and can therefore only be adopted by a 4/5 vote. The Council could, however, introduce the Ordinance with a majority vote and then it would be brought back to the next Council meeting for adoption. On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority vote, the Council waived the reading and introduced the drafted Ordinance as presented, on a non-urgency basis. The Ordinance will be brought back for a second reading at the next City Council meeting and if adopted, it would become effective 30 days later. Cms. Burton and Moffatt voted against this motion. Cm. Howard questioned what will happen in the meantime with the one opening on the Planning Commission. Planning Director Tong stated there will be one vacancy when Cm. ' Jeffery leaves office. Commissioner Barnes has indicated she is willing to continue to serve on the Planning Commission until the East Dublin matter comes before the Council. Technically, her seat expires when Cm. Jeffery leaves the Council. Ms. Silver explained that as soon as Mayor Snyder is sworn into office, we are governed by the State Law. The old Ordinance is no longer in effect, because it is contrary to State Law. The provision of the Ordinance which deals with individual Councilmember appointments would have to be disregarded. Technically, Mayor Snyder could make the appointment once he is sworn in. Mayor Snyder questioned if the Resolutions should be acted upon. Cm. Moffatt stated he would like to make his services available to serve on the nominating committee with Mayor Snyder. Frank Ruskey, speaking from the audience (without the public hearing being reopened), stated he was confused and questioned whether all new appointees would have to be made. Since you're taking away the CM - VOL 11 - 396 Regular Meeting November 9, 1992 ability of the new Councilmember to make an appointment, the others should also lose their past appointments. Mayor Snyder felt Mr. Ruskey made a good point and that it should be clarified. Ms. Silver stated when Cm. Jeffery leaves office, under the Ordinance the way it is written now, her appointment on the Planning Commission is out of office. The terms coincide. However, despite what our local Ordinance says about Councilmembers appointing members of the Planning Commission, the State Law says that the directly elected Mayor makes all appointments. Councilmember-elect Houston will not be able to make an appointment, because once he is sworn in, the directly elected Mayor is also sworn in. Mr. Ruskey felt the other appointments should be null and void because under the new law, the Mayor has to make the appointments. Ms . Silver advised that the terms of the other Commissioners are not up. Mr. Ruskey felt that the Council is making new terms, and so the old terms have to be up. Ms. Silver stated that generally, a person will serve until the new person is appointed. They can, therefore, continue to serve until the Mayor makes an appointment which is confirmed by the City Council. Mayor Snyder stated as a practical matter, if they are willing to continue to serve, his feeling was that they be asked to serve on a continuing basis. He saw no reason that they would not be asked to continue. The Council certainly respects the service they have given to the community. His intention or goal would not be to ask for the removal of anybody. Ms. Keck advised that from a practical standpoint, Mayor Snyder should announce the 5 people that will serve on each body, and announce which of the members will serve the 2 year terms. The 4 year terms would end in November, 1996 and the 2 year terms would end in November, 1994. Mayor Snyder stated each person currently serving would need to be asked if they wish to continue to serve. Ms . Silver stated an announcement should be made and it should be made clear that the Council intends for the current members of the boards to continue until the new Ordinance is effective, even though that may not be for some time after the new Mayor is sworn in. Continuity is very important. With regard to the nominating committee, Cm. Jeffery suggested that the Mayor select the individual. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 397 Regular Meeting November 9, 1992 Mayor Snyder stated he felt that it was important that the person selected was someone who wanted to do this. Cm. Jeffery made a motion, which was seconded by Cm. Howard to adopt the 3 Resolutions. Ms. Silver stated if the Council wanted the language to be consistent in that the Mayor can remove appointments without the permission of the Council, the language in the Bylaws and Rules of Procedure for the Park & Recreation Commission and the Senior Center Advisory Committee would need to be changed. Mayor Snyder and Cm. Jeffery felt that consistency is most important. Cm. Jeffery agreed to change her motion, and Cm. Howard agreed to change her second to the motion. Cm. Burton stated he didn' t feel he could support this and indicated he would be voting against it. A Mayor could create a lot of problems if he were to get mad and fire someone without the Council being involved. Cm. Jeffery asked if a name should be inserted to serve on the nominating committee with the Mayor before voting on the Resolution. She stated she assumed that everyone would want to be on the committee. Cm. Burton felt this was not necessarily so, and stated he would back Cm. Moffatt since he has been on the Council the whole time and certainly knows people in town. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, with language changes discussed, the Council adopted RESOLUTION NO. 128 - 92 ESTABLISHING NOMINATING COMMITTEE FOR NOMINATION OF COMMISSION/COMMITTEE APPOINTMENTS (Mayor Snyder & Councilmember Moffatt) and RESOLUTION NO. 129 - 92 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARK & RECREATION COMMISSION and RESOLUTION NO. 130 - 92 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE SENIOR CENTER ADVISORY COMMITTEE ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 398 Regular Meeting November 9, 1992 OTHER BUSINESS Upcoming Meetings (610-05) Mr. Ambrose advised that the City of San Ramon will be hosting the next meeting of the Tri-Valley Council on Thursday, November 19th. Those planning to attend should advise Staff. Mayor Snyder stated he indicated that he would like to have some future discussion on the Tri-Valley Council agenda related to Viacom's service to customers in the Tri-Valley Area. He felt the Valley is getting shorted in service levels. Viacom should be put on the hot seat. Mr. Ambrose reminded the Council of the Infrastructure Financing Workshop Study Session being held on Thursday evening, November 12th. The School District will provide food for workshop participants beginning at 5 : 30 p.m. The Study Session will begin at 6: 15 p.m. This is basically a training session for the City Council, City Commissioners, School District and DSRSD representatives and public comments or questions should be addressed to the individual bodies at their next regularly scheduled or future meetings . Mr. Ambrose reminded the Council that the next DRFA Board meeting will be held on Monday, November 16th. ABAG Platform on Growth Management Adopted ( 140-10) Cm. Moffatt reported that at the ABAG meeting, a vote on the platform on growth management occurred. The platform was primarily the wording that Mayor Snyder and Vice Mayor Jeffery got together with others in the Tri-Valley Area. This group was very instrumental in getting the type of program we all wanted into the ABAG concepts. He thanked them for all their hard work in developing this particular platform. Mayor Snyder stated a lot of people deserve credit as there were a lot of people drawn into the process. Cm. Burton Upcoming Trip (610-80) Cm. Burton announced that he would be leaving on November 24th for Norway and would be back on December 9th, so he would not miss any Council meetings. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 399 Regular Meeting November 9, 1992 CLOSED SESSION At 8: 40 p.m. , the Council recessed to a closed executive session to discuss Pending Litigation ( 640-30) : 1 ) Gov' t Code Sections 54956 .9(a) & 54956.95(a) Genson vs. City of Dublin, Alameda County Superior Court Case # V-004312-0; 2) Gov' t Code Section 54956.9(a) , City of Dublin vs. Schaffer, Alameda County Superior Court No. V 000506-9; 3) Gov' t Code Section 54956.9(a) , City of Dublin vs. County of Alameda (Measure D) , California Court of Appeal Case No. A055667, Napa County Superior Court No. 61787 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9 : 10 p.m. Mayor ATTEST: City Clerk ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ s ■ ■ ■ ■ ■ ■ s ® M ■ s ■ CM - VOL 11 - 400 Regular Meeting November 9, 1992