HomeMy WebLinkAbout4.1 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;
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Regular Meeting November 9, 1992
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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.
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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.
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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
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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.
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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 ,
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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
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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.
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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
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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.
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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
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