HomeMy WebLinkAbout6.1 MuniCode Ch 2.08, 2.16, 2.44 AmendO~~•l OF Dp~~G
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STAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^®®~-®®
DATE: October 20, 2009
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: PUBLIC HEARING: Introduction of Ordinance Amending Dublin Municipal Code
Chapters 2.08 (City Council), 2.16 (Parks and Community
Services Commission), 2.18 (Heritage and Cultural Arts
Commission} and 2.44 (Disaster Preparedness)
Prepared By: Elizabeth H. Silver, Assistant City Attorney and Stephen Muzio, Associate
Attorney
EXECUTIVE SUMMARY:
The City Council will consider minor changes to Title 2 of the Dublin Municipal Code related to
Chapters 2.08 (City Council), 2.16 (Parks and Community Services Commission}, 2.18
(Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness).
FINANCIAL IMPACT:
There is no financial impact to the City due to the introduction of this ordinance.
RECOMMENDATION:
Staff recommends that the City Council: 1. Receive Staff presentation; 2. Open public hearing;
3. Receive public testimony; 4. Close public hearing and deliberate; and 5. Waive the reading
and INTRODUCE the Ordinance Amending Chapters 2.08 (City Council), 2.16 (Parks and
Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44
(Disaster Preparedness) of the Dublin Municipal Code.
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Submitted By
City Attorney
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Reviewed-~y
Assistant City Manager
Page 1 of 3 ITEM NO. y ~ I
DESCRIPTION:
At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved
with high priority the comprehensive update to certain chapters of the Dublin Municipal Code
(DMC). On April 21, 2009, the City Council reviewed a status report on the comprehensive
update to the Dublin Municipal Code and Zoning Ordinance, which included a list of chapters
that had been reviewed by the City Attorney's Office, but had not been presented to the City
Council. This report includes four chapters of Title 2 of the DMC and recommends that,
although no substantive changes are necessary, some minor changes be made to ensure
consistency with the rest of the DMC.
Chapter 2.08 (City Council)
DMC Chapter 2.08 contains various provisions relating to the location of meetings, the length of
Councilmembers' term of office, the salary of Councilmembers as well as the Mayor, and limits
on the number of consecutive terms Councilmembers and the Mayor may serve. Consistent
with Government Code Section 36516, an ordinance increasing Councilmembers' salary was
adopted on February 5, 2008. This ordinance would capitalize the word "City" where necessary
to ensure consistency with the rest of the DMC.
Chapter 2.16 (Parks and Community Services Commission
DMC Chapter 2.16 provides for compensation and reimbursement of members of the Parks and
Community Services Commission. This ordinance would capitalize the word "City" where
necessary to ensure consistency with the rest of the DMC.
Chapter 2.18 (Heritage and Cultural Arts Commission)
DMC Chapter 2.18 provides for compensation and reimbursement of members of the Heritage
and Cultural Arts Commission. This ordinance would capitalize the word "City" where
necessary to ensure consistency with the rest of the DMC.
Chapter 2.44 (Disaster Preparedness)
DMC Chapter 2.44 provides for the preparation and carrying out of plans for the protection of
persons and property within the City in the event of an emergency, the direction of the
emergency organization and the coordination of the emergency functions of the City with other
public agencies. This ordinance would capitalize the word "City" where necessary to ensure
consistency with the rest of the DMC.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
Page2of3
ATTACHMENTS: 1. Ordinance Amending Chapters 2.08 (City Council), 2.16
(Parks and Community Services Commission), 2.18
(Heritage and Cultural Arts Commission) and 2.44 (Disaster
Preparedness) of the Dublin Municipal Code.
Page 3 of 3
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ORDINANCE NO. xx - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTERS 2.08 (CITY COUNCIL), 2.12 (PLANNING COMMISSION), 2.16
(PARKS AND COMMUNITY SERVICES COMMISSION), 2.18 (HERITAGE AND CULTURAL
ARTS COMMISSION) AND 2.44 (DISASTER PREPAREDNESS) OF THE DUBLIN
MUNICIPAL CODE
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 2.08 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
2.08.010 Meeting place designated.
A. The City Council will hold all regular meetings in the Council Chambers at the Dublin Civic
Center, located at 100 Civic Plaza, in the City.
B. If the regular meeting place is unable to accommodate the number of persons in
attendance, the Council may recess the meeting to another place. If the Council anticipates that
the regular meeting place will be inadequate, the Council, or Mayor in the event of an
emergency, may order that the meeting be held in another place.
2.08.020 Salary for members established.
A. Pursuant to Section 36516 of the Government Code which provides that a City Council
may enact an ordinance providing that each member of the City Council shall receive a salary
which shall be determined by a schedule of population for cities, the members of the City
Council shall receive a salary of seven hundred fifty-eight and six cents ($758.06) per month.
B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or
more Councilmembers begins a new term of office.
2.08.030 Election of Mayor and Councilmembers-Term of office.
A. The electors shall hereafter elect a Mayor and four (4) City Councilmembers.
B. The term of office of the Mayor shall be two (2) years.
2.08.040 Mayor's salary.
The Mayor shall receive a monthly salary of one hundred dollars ($100), in addition to that
which he/she receives as a Councilmember.
2.08.050 Term limits.
No person shall serve as Councilmember for more than two (2) consecutive terms, nor shall
any person serve as Mayor-for more than four (4) consecutive terms. In addition: (a) no person
who has served as a Councilmember for one (1) term shall serve more than two (2) terms as
Mayor if the terms as Councilmember and Mayor are consecutive; (b) no person who has
served as Councilmember for two (2) consecutive terms shall serve a consecutive term as
Mayor; (c) no person who has served as Mayor for three (3) or four (4) consecutive terms shall
serve a consecutive term as a Councilmember; (d) no person who has served as Mayor for two
(2) consecutive terms shall serve more than one (1) succeeding consecutive term as ~ ~
Councilmember; (e) no person who has served consecutive terms as Mayor and~D_Z~_dy,
Councilmember shall serve more than one (1) more consecutive term as Mayor; and (f) no
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person who has served consecutive terms as Mayor and Councilmember shall serve another
consecutive term as Councilmember. As used herein, a person shall be considered to have
served a "term" of office as a Councilmember if such person has served as a Councilmember for
two (2) years plus one (1) day and a person shall be considered to have served a "term" of
office as Mayor if such person has served as Mayor for one (1) year plus one (1) day.
Section 2. Chapter 2.12 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
2.12.010 Planning Agency established.
Pursuant to Government Code Sections 65000 et seq., there is established a Planning
Agency consisting of a Planning Commission.
2.12.020 Membership-Appointment-Term-Removal.
A. The Planning Commission shall consist of five (5} members. They shall be appointed for a
term of four (4) years. Terms shall begin in December of even-numbered election years and end
in December 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 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.
C. Planning Commissioners must attend at least seventy-five (75) percent of regular and
special Planning Commission meetings in any twelve (12) month period. Any Planning
Commissioner who is absent from twenty-five (25) percent or more meetings within a twelve
(12) month period or is absent from three (3) consecutive Planning Commission meetings may
be removed from the Planning Commission pursuant to Section 2.12.020(6) of the Municipal
Code.
2.12.030 Expenses and compensation.
Planning Commission members shall be entitled to reimbursement for expenses as the
Council may approve. In addition, Planning Commission members shall be paid fifty dollars
($50) for each meeting attended, to a maximum of three (3) meetings in a calendar month;
provided, that Commission members shall not be deemed to be City employees by virtue of
such payment.
2.12.040 Chairman-Rules-Records-Meetings.
The Planning Commission shall elect a Chairperson and Vice Chairperson from its
membership annually. In the absence or disability of either the Chairperson or Vice Chairperson,
the Commission may designate a temporary Chairperson. The Commission shall hold at least
one (1) regular meeting each month and such other meetings as may be necessary. The
Commission shall adopt rules for the transaction of its business and shall keep a public record
of its resolutions, transactions, findings and determinations. The rules shall provide that not less
than three (3) affirmative votes shall be required to recommend matters to the City Council for
adoption. The Commission shall appoint a secretary who may be one of its members or
someone else.
1 of 1 Revised 3/10/09
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2.12.050 Powers and duties-Generally.
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 in the
Planning Commission's judgment bears relation to its planning;
B. To recommend for adoption by the City Council specific plans based on the general plan
and drafts of such regulation, programs and legislation as may 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.
2.12.060 Term limits.
No person shall serve as a Planning Commissioner for more than two (2) consecutive four (4)
year terms. As used herein, a person shall be considered to have served a "term" of office as a
Planning Commissioner if such person has served as a Planning Commissioner for two (2)
years plus one (1) day.
Section 3. Chapter 2.16 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
2.16.010 Members-Expenses and compensation.
Parks and Community Services Commission members shall be entitled to reimbursement for
expenses as the Council may approve. In addition, Parks and Community Services Commission
members shall be paid fifty dollars ($50) for each meeting attended, to a maximum of two (2)
meetings in a calendar month; provided, that Commission members shall not be deemed to be
City employees by virtue of such payment.
Section 4. Chapter 2.18 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
2.18.010 Members-Expenses and compensation.
Heritage and Cultural Arts Commission members shall be entitled to reimbursement for
expenses as the Council may approve. In addition, Heritage and Cultural Arts Commission
members shall be paid fifty dollars ($50) for each meeting attended to a maximum of two (2)
meetings in a calendar month; provided, that Commission members shall not be deemed to be
City employees by virtue of such payment.
Section 5. Chapter 2.44 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
2.44.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of
plans for the protection of persons and property within this City in the event of an emergency;
the direction of the emergency organization; and the coordination of the emergency functions of
this City with all other public agencies, corporations, organizations, and affected private
persons.
1 of 1 Revised 3/10/09
2.44.020 Definitions.
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As used in this chapter, "emergency" means the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property within this City caused by
such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other
conditions, including conditions resulting from war or imminent threat of war, but other than
conditions resulting from a labor controversy, which conditions are or are likely to be beyond the
control of the services, personnel, equipment, and facilities of this City, requiring the combined
forces of other political subdivisions to combat.
2.44.030 Disaster Council-Membership.
The City Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairman;
B. The Director of Emergency Services, who shall be Vice Chairman;
C. The Assistant Director of Emergency Services;
D. Such Chiefs of Emergency Services as are provided for in a current emergency plan of
this City, adopted pursuant to this chapter;
E. Such representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed by the director
with the advice and consent of the City Council.
2.44.040 Disaster Council-Powers and duties.
It shall be the duty of the City Disaster Council, and it is empowered, to develop and
recommend for adoption by the City Council, emergency and mutual aid plans and agreements
and such ordinances and resolutions and rules and regulations as are necessary to implement
such plans and agreements. The Disaster Council shall meet upon call of the chairman or, in his
absence from the City or inability to call such meeting, upon call of the Vice Chairman.
2.44.050 Director and Assistant Director of Emergency Services-Offices created.
A. There is created the office of Director of Emergency Services. The City Manager shall be
the Director of Emergency Services.
B. There is created the office of Assistant Director of Emergency Services, who shall be
appointed by the Director.
2.44.060 Director and Assistant Director of Emergency Services-Powers and duties.
A. The Director is empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a local
emergency if the City Council is in session, or to issue such proclamation if the City Council is
not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall
take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall
have no further force or effect;
2. Request the Governor to proclaim a state of emergency when, in the opinion of the
Director, the locally available resources are inadequate to cope with the emergency;
3. Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;
4. Direct cooperation between and coordination of services and staff of the emergency
organization of this City, and resolve questions of authority and responsibility that may arise
between them;
5. Represent this City in all dealings with public or private agencies on matters pertaining to
emergencies as defined herein;
1 of 1 Revised 3/10/09
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6. In the event of the proclamation of a local emergency as herein provided, the proclamation
of a state of emergency by the Governor or the Director of the State Office of Emergency
Services, or the existence of a state of war emergency, the Director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such emergency; provided, however, such rules and regulations
must be confirmed at the earliest practicable time by the City Council,
b. To obtain vital supplies, equipment, and such other properties found lacking and needed
for the protection of life and property and to bind the City for the fair value thereof and, if
required immediately, to commandeer the same for public use,
c. To require emergency services of any City officer or employee and, in the event of the
proclamation of a state of emergency in the county in which this City is located or the existence
of a state of war emergency, to command the aid of as many citizens of this community as he
deems necessary in the execution of his duties; such persons shall be entitled to all privileges,
benefits, and immunities as are provided by state law for registered disaster service workers,
d. To requisition necessary personnel or material of any City department or agency, and
e. To execute all of his ordinary power as City Manager, all of the special powers conferred
upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the
City Council, all powers conferred upon him by any statute, by any agreement approved by the
City Council, and by any other lawful authority.
B. The Director of Emergency Services shall designate the order of succession to that office,
to take effect in the event the Director is unavailable to attend meetings and otherwise perform
his duties during an emergency. Such order of .succession shall be approved by the City
Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance
of emergency service chiefs, develop emergency plans and manage the emergency programs
of this City; and shall have such other powers and duties as may be assigned by the Director.
2.44.070 Emergency organization.
All officers and employees of this City, together with those volunteer forces enrolled to aid
them during an emergency, and all groups, organizations, and persons who may by agreement
or operation of law, including persons impressed into service under the provisions of Section
2.44.060 (A)(6)(c) of this chapter, be charged with duties incident to the protection of life and
property in this City during such emergency, shall constitute the emergency organization of the
City.
2.44.080 Disaster Council-Emergency plan.
The City Disaster Council shall be responsible for the development of the City emergency
plan, which plan shall provide for the effective mobilization of all of the resources of this City,
both public and private, to meet any condition constituting a local emergency, state of
emergency, or state of war emergency; and shall provide for the organization, powers and
duties, services, and staff of the emergency organization. Such plan shall take effect upon
adoption by resolution of the City Council.
2.44.090 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid
activities, shall be deemed conclusively to be for the direct protection and benefit of the
inhabitants and property of the City.
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2.44.100 Violation-Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500),
or by imprisonment for not to exceed six (6) months, or both, for any person, during an
emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him by virtue of this chapter;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if
such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil
the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or
protection thereof;
C. Wear, carry, or display, without authority, any means of identification specified by the
emergency agency of the state.
Section 6. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 7. Effective Date and Posting of Ordinance. This Ordinance shall take
effect and be enforced thirty (30) days from and after the date of its final adoption. The City
Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2009, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1 of 1 Revised 3/10/09