Loading...
HomeMy WebLinkAbout11-23-1992 Adopted CC MinutesREGULAR MEETING - November 23, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, November 23, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Snyder. * * * ROLL CALL PRESENT: ABSENT: CounCilmembers Burton, Howard, Moffatt, and Mayor Snyder. Councilmember Jeffery * * * PLEDGE OF ALLEGIANCE TO THE FLAG The Mayor led the CoUncil, Staff and those present in the pledge of allegiance to the flag. * * * CUSTOMER SERVICE AWARD FOR MONTH OF DECEMBER(150-90) City Manager Ambrose presented the December Customer Service Award to Fawn Holman. * * * CERTIFICATION OF NOVEMBER 3, 1992 ELECTION RESULTS (630-30) Deputy City Clerk Ambrose advised that the City had received the Certification of Election results from the Alameda County Registrar'of Voters. According to the results, out of 12,680 registered voters, a total of 9,764 ballots were cast in the City of Dublin. Dublin's voter turnout was 77.0%. Peter W. Snyder was elected as the first directly elected Mayor for a 2 year term. Guy S. Houston was elected to the Dublin City Council for a 4 year term. Total Votes Received Office of Mayor Snyder 6,571 COuncilmember Seat (1) Flax Abbott Ruskey Houston 386 2,586 953 4,310 Precinct ~ & Location 52580-Valley Christian School 275 52590-Shannon Community Ctr 334 52591-St. Raymond's Church 328 52592-Garage/Rolling Hills Dr 375 52600-Library 304 52610-Nielsen School 463 52611-Garage/Hansen Drive 377 52620-Murray School-Side B 417 52630-Dublin High School 333 23 153 40 169 6 202 32 220 16 137 45 249 10 200 39 261 17 126 88 161 27 170 61 308 24 195 40 277 32 143 64 264 24 132 50 215 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 402 Regular Meeting November 23, 1992 Total Votes Received Office of Mayor Snyder 6,571 Councilmember Seat (1) Flax Abbott Ruskey Houston 386 2,586 953 4,310 Precinct ~ & Location - Continued 52631-Murray School-Side A 288 52640-Frederiksen School 341 52641-Parkway Baptist Church 365 52642-Garage/Stagecoach Road 431 52643-Garage/Crossridge Road 456 52650-Arroyo Vista ClubhoUse 410 52651-Wells Intermediate School 354 Absentee Ballots 720 14 111 54 181 17 115 50 266 24 91 34 307 34 159 62 256 33 133 58 256 32 120 73 216 22 125 44 250 31 274 119 454 Deputy City Clerk Ambrose indicated a typing error on the resolution. It should read under Section 3. That the whole number of votes cast in said City was 9,764. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Jeffery absent), with the correction indicated by the Deputy City Clerk, the Council adopted RESOLUTION NO. 131-92 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1992, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED MAYOR & COUNCILMEMBER (640-60) Deputy City Clerk Ambrose administered the Oath of Office to the new directly elected Mayor Peter W. Snyder and the newly elected Councilmember Guy S. Houston. Mayor Snyder welcomed Cm. Houston aboard and indicated that he was the ninth individual to serve on the City Council. INSTALLATION OF VICE MAYOR (610-20) Mayor Snyder called for nominations for Vice Mayor. Cm. Moffatt nominated Cm. Burton for Vice Mayor. By consensus, the nominations were closed. By a unanimOus vote of the Council, Cm. Burton was elected Vice Mayor. CM - VOL 11 - 403 Regular Meeting November 23, 1992 APPOINTMENT OF PLANNING COMMISSIONv PARK & RECREATION COMMISSION & S~NIOR CENTER ADVISORY COMMITTEE MEMBERS (110-30) Mr. Ambrose explained that in order to assure continuity on the Planning Commission, Park & Recreation Commission, and Senior Center Advisory Committee, the Mayor had indicated his desire to confirm the existing appointees to the Planning Commission, Park & Recreation Commission, and Senior Advisory Committee until their successors are appointed and approved by the Mayor and City Council. These appointments will be interim appointments in order for the Council Committee to discuss with current Commission and Committee members their interest in continuing to serve on these Commissions and Committees, as well as to allow time for the proposed Ordinance for appointing Planning Commissioners to become effective. Mayor Snyder stated that one member of the Planning Commission indicated she would be resigning after the Eastern Dublin sessions were completed. One member of the Senior Advisory Committee would be stepping down in January 1993. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the Mayor's appointment of existing Appointees to the Planning Commission, Park & Recreation Commission, and Senior Advisory Committee. Mayor Snyder recognized in the audience Recreation Commissioners Dan. Downey and Steve Lockhart. * * * DUBLIN PARTNERS IN EDUCATION PRESENTATION (515-60) After passing out literature and buttons on Dublin Partners in Education, Cheryl Matthews, Assistant Superintendent of the Dublin Unified School District, explained the mission of the Dublin Partners in Education was to develop a network of Dublin Community organizations, businesses, and schools that will become "partners" in improving the educational and business environment for Dublin. She indicated that this program started at the statewide level six or seven years ago. A steering committee for our community was being formed with a luncheon at Dublin High School being held on December 14, 1992. She hoped that the City and the Community would become involved in this program, for she felt that good schools mean good business. * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of November 9, 1992 (Cm. Houston abstained); CM - VOL 11 - 404 Regular Meeting November 23, 1992 Approved the City's continued participation in the NORCAL Employment Relations Training and authorized the City Manager to execute the agreement(600-30); Adopted RESOLUTION NO. 132 - 92 DECLARING POLICE VEHICLES AS SURPLUS PROPERTY (350-40) Approved sale of the surplus vehicles and directed the Finance Department to work with First Capital Auction Company of Benicia to auction all six surplus patrol vehicles; Approved the City Treasurer's Investment Report as of October 31, 1992 totalling $16,299,171.88 (320-30); Approved Warrant Register in the amount of $1,194,628.99(300-40). PUBLIC HEARING DETACHMENT FROM LIVERMORE AREA RECREATION AND PARK DISTRICT (620-50) Mayor Snyder opened the public hearing. Staff Report was presented by Planning Director Larry Tong. On September 17, 1992, LAFCO approved the City of Dublin's application for the detachment of two properties from the Livermore Area Recreation and Park District (LARPD). When the City of Dublin annexed these two properties in 1986, they were inadvertently left as part of the LARPD although responsibility for providing park and recreation services was transferred to the City of Dublin. The approved detachment will avoid potential duplication of neighborhood park and recreation services. The LARPD gave consent to the detachment and allowed the City of Dublin to be the Conducting Authority. The Alameda County Surplus Property Authority and the U.S. Immigration and Naturalization Service were notified of the proposed detachment and did not oppose the project. Mr. Tong indicated that the revised Tax Sharing Agreement had been approved by the Alameda County Board of Supervisors. Cm. Burton questioned if there would be tax consequences by waiting to approve the agreement. Mr. Ambrose responded that it was government property which would generate zero tax dollars. The County Board of Supervisors had to approve the revised Tax Sharing Agreement first, and the Dublin City Council will not be able to consider the revised agreement until the public hearings on Eastern Dublin are finished. Mr. Ambrose explained that the County had come to the City to change the land use in Eastern · [] · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 405 Regular Meeting November 23, 1992 Dublin and since there would be land use changes, the City used the opportunity to renegotiate the Tax Sharing Agreement. The original agreement had allowed the County t© get all the tax revenue, but the revised Tax Sharing Agreement has been changed to allOw the City to obtain some of the tax revenue. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 133 -92 APPROVING DETACHMENT FROM LIVERMORE AREA RECREATION & PARK DISTRICT PUBLIC HEARING CITY OF DUBLIN ZONE CHANGE (M-l, LIGHT INDUSTRIAL DISTRICT, TO C-0, ADMINISTRATIVE OFFICE DISTRICT & GENERAL COMMERCIAL DISTRICT) (450-20) Mayor Snyder opened the public hearing. Staff Report was presented by Larry Tong, Planning Director. This is the second reading of a proposed Ordinance to rezone a total of eight parcels. Seven contiguous parcels located in the general vicinity of Village Parkway and Clark Avenue, south of Dublin Boulevard, which are currently zoned M-i, Light Industrial District, would be changed to C-O, Administrative Office District and one zone change for the BP Gas Station parcel located at 6602 Village Parkway, would be changed from M-I, Light Industrial District to the C-2, General Commercial District in order to eliminate a spot zoned parcel and to'provide General Plan and Zoning Ordinance consistency. Cm. Houston asked if the landowners were in favor of this requested zone change. Mr. Tong indicated that they were. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted ORDINANCE NO. 17 -92 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, & 6300 CLARK AVENUE * * * · · · [] · · · · · · · · · · I' I · · · · · · · · · · · · · · · · · · · Regular Meeting November 23, 1992 PUBLIC HE~RING ORDINi~CE AMENDING CI~PTER 2.12 OF THE DUBLIN MUNICIPAL CODE RELATING TO APPOINTMENT OF PLANNING COMMISSION MEMBERS (110-20) Mayor Snyder opened the public hearing. Staff Report was presented by City Attorney Libby Silver. On November 9, 1992 the City Council conducted a public hearing and discussed the options and the process to be used for appointing and removing members of the Planning Commission, Park & Recreation Commission, and Senior Center AdviSory Committee, due to the changes necessitated as a result of the Mayor's position being directly elected. Resolution No. 128-92 was adopted Which established a Nominating Committee for Nomination of Commission/Committee Appointments. The Nominating Committee consisted of Mayor Snyder and Councilmember Moffatt. Resolution No.'s 129-92 and 130-92 were adopted and amended the Bylaws and Rules of Procedure for the Park & Recreation Commission and the Senior Center Advisory Committee to provide for the way in which appointments and removals would be made. Appointmgnts are made by the Mayor, with the approval of the City Council. ThelMayor may without the approval of other Councilmembers, remove a Commissioner/Committee Member at any time during their term of office. This is the second reading for the Planning Commission Ordinance, as introduced, would state' "Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council and shall serve their respective terms of office at the sole pleasure of the Mayor. The Mayor may, without the approval of other Councilmembers, remove a Planning Commissioner at any time during the Commissioner's term of office." If the Ordinance as presented was adopted at this meeting, it would become effective on December 23, 1992. Cm. Moffatt questioned if the wording was changed in the Ordinance, would the Ordinance need to come back to the Council at another meeting. Ms. Silver responded that if there were minor changes, the Ordinance could be adopted at this meeting, but if major changes were introduced, it would have to come back at another meeting to be adopted. There was also the possibility adding the changed ordinance to the agenda on an urgency basis and it could be adopted at this meeting, but a 4/5 vote of the Council would be necessary to plaCe the newly worded Ordinance on the agenda. Cm. Burton asked what "approval of City Council" meant. Ms. Silver responded that "approval of the City Council" would be a motion by the Council with a second and the motion would carry by a majority vote of the Council. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM.- VOL 11 - 407 Regular Meeting November 23, 1992 Cm. Moffatt indicated he was confused as to whether the Mayor was considered part of the City Council. Would the Mayor have a vote? Ms. Silver stated that the Mayor is a part of the City Council and has the power to vote like any other Councilmember. The only difference was the Mayor had the power to appoint to the Boards and Committees. Cm. Howard questioned since the Mayor was chosen eVery two years, could a newly elected Mayor come in and wipe out all the existing commissions° Ms. Silver responded that the way the Ordinance was written, that the Mayor could do that. Cm. Burton stated that there must be a reason why the Ordinance had been written this way° Ms. Silver indicated that she had drafted the language for the Planning Commission Ordinance and she had tried to follow the existing City Code which had allowed each individual C°uncilmember to appoint and remove their individual appointments. Since the Mayor was the only member of the Council to appoint the new Commissioners, it followed from past policy that the Mayor should also be the only one to remove the Commissioners. Cm. Burton expressed concern that although there was no problem at this time with the current Mayor, in the future if a one issue Mayor was chosen, that person could come'in and wipe out all the' appointments to the Commissions. Cm. Houston indicated that while he was campaigning for Measure G, people indicated to him that they wanted a strong mayor. Although the Mayor would have the power to remove the Commissioners, the Council still had to approve the appointments to the Commission. He indicated he was not in favor of any changes to the Planning Commission Ordinance because he felt this was what the people of Dublin wanted. On motion by Cm. Burton, seconded by Cm. Moffatt, a revised Planning Commission Ordinance was added to the agenda by a 4/5 vote. (Cm. Houston voted no.) The revised Ordinance had'the following changes: "AMENDING CHAPTER 2.12 OF THE DUBLIN MUNICIPAL CODE RELATING TO APPOINTMENT OF PLANNING COMMISSION MEMBERS AND DECLARING THIS ORDINANCE TO TAKE EFFECT IMMEDIATELY" "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 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." · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · eM - VOL l~ - 408 Regular Meeting November 23, 1992 "Section 3 This Ordinance shall take effect immediately pursuant to Government Code Section 36937 as an urgency Ordinance. The urgency is based on the following facts: The electorate approved an Ordinance making the Office of Mayor directly elected by the People. In accordance with State Law, the directly elected Mayor makes all appointments to boards, commissions and committees. It is, therefore, necessary for this Ordinance to take effect immediately in order that the procedures for appointment of board, commission and committee members be in effect when the directly elected Mayor takes office following the November 3, 1992 election." Cm. Houston asked why the ordinance had to be adopted on an urgency basis. Ms. Silver explained that it was on an urgency basis to continue to keep the appointments on the Planning Commission. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote (Cm. Houston voted no), with the above revisions, the Council adopted ORDINANCE NO. 16 - 92 AMENDING CHAPTER 2.12 OF THE DUBLIN MUNICIPAL~ CODE RELATING TO THE APPOINTMENT OF PLANNING COMMISSION MEMBERS AND DECLARING THIS ORDINANCE TO TAKE EFFECT IMMEDIATELY On motion of Cm. Burton, seconded by Cm. Moffatt,. and by unanimous vote, the Council approved that Resolution No's 129-92 and 130-92 be brought back to the Council On December 14, 1992 with language changes so the resolutions would be consistent with the Planning Commission Ordinance. * * * * ACCEPTANCE OF GIFTS TO CITY (150-70) Staff Report was presented by Diane Lowart, Recreation Director. The City received two generous cash gifts to benefit recreation and park programs. The Senior Center received a gift of $300 from a Center participant who wished to remain anonymous. The gift will be used to purchase equipment for the Center's meals programs. The Dublin-San Ramon Lions Club gave a gift of $350 for the repair of the damaged slide in the handicapped playground at Kolb Park. The slide was damaged as a result of vandalism. Cm. Burton commended the Lions Club for their gift and stated he felt that gifts should be recognized by a Staff Report as it had been done at this meeting. CM - VOL 11 - 409 Regular Meeting November 23, 1992 On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote, the Council accepted the gifts and directed Staff to prepare a formal acknowledgment to the Dublin-San Ramon Lions Club. OTHER BUSINESS Tri-Valley Council Meeting (140-80) Mr. Ambrose reminded the Council of the Tri-Valley Council meeting being held on November 24, 1992 at 8:00 a.m. in the Regional Meeting Room. The discussion would be on the ABAG Guidelines for Establishing Sub-Regional Planning Bodies. Appointments (110-30) Cm. Burton asked what the procedure would be to make the appointments to the Commissions and Committees vacated by Cm. Linda Jeffery. Mr. Ambrose indicated that a copy of the appointments of all the Councilmembers had been given to the Council to be reviewed and the Councilmembers should bring back to the December 14, 1992 meeting a list of the Committees and Commissions of which they were interested. Mayor Snyder indicated that some of the Committees no longer existed so the list needed to be cleaned up. New Councilmember Comments (610-05) Cm. Houston stated he was glad to be on the City Council. He wanted to thank the people who supported him and he would try to do a good job. He wanted the people to let him know their concerns. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:38 p.m. Minutes prepared by Sandie Hart, Secretary. · · [] · · [] · · · · · · · · · · · · I · · · · · · · · · [] · · · · · · CM - VOL 11 - 410 Regular Meeting November 23, 1992