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HomeMy WebLinkAbout6.4 MuniCode AmendedG~~~ Off' DU8~2 /// ~ 1~~~~%~ O~LIFOR~~ STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^®®®-®© DATE: November 17, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE PUBLIC HEARING: Introduction of Ordinance Amending Dublin Municipal Code 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) 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 Municipa Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks Services Commission), 2.18 (Heritage and Cultural Arts Commission) an Preparedness). FINANCIAL IMPACT: There is no financial impact to the City due to the introduction of this ordinance. RECOMMENDATION: I Code related to and Community d 2.44 (Disaster 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), 2.12 (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. ~- _~ _ Submitted By City Attorney. !~ _ Reviewe By Assistant City Manager. Page 1 of 3 ITEM NO. 1P ' ~~ 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 five 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 2.12 (Planning Commission DMC Chapter 2.12 establishes the Planning Commission and defines its powers and duties. The Chapter contains various provisions relating to the appointment and terms of Planning Commissioners, compensation for Planning Commissioners and the timing of Commission hearings. Section 2.12.040 also provides that the Planning Commission shall adopt rules for the transaction of its business. This is the only City Commission which adopts its own rules. The bylaws of the Parks and Community Services Commission and the Heritage and Cultural Arts Commission are adopted by the City Council. In 1997, the Council adopted Ordinance 20-97, adopting a revised zoning ordinance. Ordinance 20-97 was "intended to replace the existing Zoning Ordinance ...and other Zoning related chapters of the Dublin Municipal Code." Pursuant to this ordinance, sections 2.12.070 through 2.12.130, which relate to appeals of decisions made by the City Zoning Administrator, Director of Community Development and the Planning Commission were deleted, and similar provisions were included in the new Chapter 8.136 of the Zoning Ordinance. It appears, however, that Sections 2.12.140 through 2.12.170, which should have been deleted as well, were left in place. This ordinance would delete these sections, which contain provisions that are similar to provisions in the current Chapter 8.136, and would capitalize the word "City" where necessary to ensure consistency with the rest of the DMC. Page 2 of 3 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 ATTACHMENTS: 1. Ordinance 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. Page3of3 1 ~f- ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN 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: 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 City Council may recess the meeting to another place. If the City Council anticipates that the regular meeting place will be inadequate, the City 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. I.n 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 ~+em~e,y a/nlo9 ATTAC~IENT a~~ person who has served consecutive terms as Mayor and Councilmember shall serve more than one (1) more consecutive term as Mayor; and (f) no 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: 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 City 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 City 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. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served .in the position and that have not declined the appointment, with the intent that no one should serve in the position for two consecutive years. 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 3~~ 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 City Manager or City Manager's designee shall serve as the Secretary to the Planning Commission. 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 City Council a zoning ordinance and to perform such other duties in reference to planning, zoning, land use and design review matters as may be required by the City 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: 2.16.010 Members-Expenses and compensation. Parks and Community Services Commission members shall be entitled to reimbursement for expenses as the City 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: 2.18.010 Members-Expenses and compensation. Heritage and Cultural Arts Commission members shall be entitled to reimbursement for expenses as the City 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: ~~, 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. 2.44.020 Definitions. 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 5 ~ ~ 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; 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 ~f~ 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. 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. Wilfully 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. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 8. Posting. 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 this day of , 2009. 1 ~ ~ AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk