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HomeMy WebLinkAbout05-11-1987 Adopted CC MinREGULAR MEETING - May 11, 1987 A regular meeting of the C~ty Council of the C~ty of Dublin was held on Monday, May 11, 1987 ~n the meeting room of the Dublin L~brary. The meeting was called to order at 7'33 p.m. by Mayor L~nda Jeffery. ROLL CALL PRESENT' Counc~lmembers Hegarty, Snyder, Vonheeder and Mayor Jeffery. ABSENT' Counc~lmember Moffatt. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. Dublin H~gh School Improvement Task Force Mr. Norb HUdak, Dublin resident and member of the Park & Recreation Commission, stated he w~shed to address the City Council regarding their decision to dump the Task Force. Mr. Hudak felt that th~s action was an excuse to deny Dublin residents a chance to have many beneficial ~th~ngs. He requested that the Council re-examine their priorities as ~t appeared that beaut~ fying streets ~ s more ~mportant than programs for ch~ ldren. Mayor Jeffery questioned ~f Mr. Hudak had had a chance to review the m~nutes of the previous Council meeting. She stated that the Council had not "dumped" the project, but rather carefully considered all facts and agreed to put the project ~nto abeyance. Mr. Hudak ~nd~cated he had not read the m~nutes. Cm. Hegarty advised Mr. Hudak that the Council felt ~t was more appropriate to wa~t until the next school year to go forward w~th d~scuss~ons. Mayor Jeffery ~nd~cated that the lead regarding the project had been g~ven to D~ane Lowart, Recreation D~rector. The openings on the Task Force w~ll be advertised ~n the upcoming C~ty Newsletter. Cm. Snyder ~nd~cated that he has d~scussed this at length w~th Ms. Joan K~ng, Dublin H~gh School Principal and she concurs that lack of staff during the summer would be a problem, plus there ~ s a great uncertainty about the future of the school regarding what the future configuration m~ght be. +~ +*+*+ ~ +*+*+ ~ CM-6-143 Regular Meeting May 11, 1987 Police Complaint Mr. Dave Fi lstead stated he wanted to question Cm. Snyder regarding a comment he made to the Valley Times. Mayor Jeffery advised Mr. Filstead that this type of questioning is not appropriate and that he was there to address the Council. Mr. Fi lstead then questioned the status of his complaint against the Police Department. He stated he is still being harrassed. He stated he wished to set up an appointment to meet with the Mayor. Mayor Jeffery advised Mr. Fi lstead that it would serve no purpose to meet with her as the City has a legal process that it must follow. Mayor Jeffery then questioned if he had submitted the written report that the Council advised would be necessary at the last meeting. Mayor Jeffery reiterated to Mr. Fi lstead that he needs to file a formal complaint with the Police Department. Fireworks Ms. Ann Henderson addressed the Council and stated she wi shed to speak on an agendized item, but that she had to leave to attend a School Board meeting. Ms. Henderson gave a brief hi story related to the advisory measure that appeared on the ballot in November, 1982. She indicated she learned a lot about big business and politics and how fair play doesn't necessarily go along with this type of an issue. It was determined that most of the money that went into the campaign came from the firworks companies. She feels that the communitY w~ll back Chief Phi iii ps' request. Cm. Hegarty felt it doesn't do any good to ban the sale if people can still use fireworks in Dublin. It is almost impossible to ban the use of fireworks. Ms. Henderson stated she appreciated the Council listening to her comments. Stop Sign @ Lewis Avenue & Portage Road Ms. Lyn Dinelli thanked the Council for the recent stop sign installations at Lewis Avenue & Portage Road. cONSENT CALENDAR On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, (Cm. Moffatt absent), the Council took the following actions: Approved Minutes of Regular Meeting of April 27, 1987; Approved City Treasurer's Investment Report for Peri od Ending Apri 1 30, 1987; +*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+,+,+,+,+,+,+,+,+,+ CM-5-144 Regular Meeting May 11, 1987 Denied claim submitted by Rose Jurich and authorized Staff to notify the clai mant; Adopted RESOLUTION NO. 31 - 87 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 83-2 Denied claim submitted by Industrial Indemnity Company on April 28, 1987 and directed Staff to notify the claimant and the City's Insurance Provider; Adopted RESOLUTION NO. 32 - 87 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT Approved Warrant Register in the amount of $543,939.69; Adopted RESOLUTION NO. 33 - 87 ADOPTING A BAIL SCHEDULE FOR INFRACTIONS (Bui ldi ng Regulati ons& Zoni ng Ordi nance) REQUEST BY TED FAIRFIELD TO PARTICIPATE IN A TRAFFIC IMPROVEMENT STUDY The City has received a request from Mr. Ted Fairfield, developer of the Dublin Ranch project, requesting that the City Council consider initiating or participating in an independent engineering study to identi fy the benefits to be derived by properties north of 1-580 from improvements that are scheduled to be constructed by the North Pleasanton Improvement Di stri ct. Staff recommended that the City Council consider Mr. Fairfield's request in light of past Council action and determine whether or not to proceed with the development of an independent engineering study for 1-580 improvements. Mr. Ted Fairfield addressed the Council and explained why he had written the letter and why he felt it was a good idea to proceed. He requested that a few words be added to Staff's recommendation. He requested that the words "to be constructed and those not to be constructed" be added to the first paragraph of the Staff Report in order to create some sort of equity. The North Pleasanton Improvement District has been put into place. It would be nice for everyone to know what is ahead, at least in terms of costs of street and roadways. +*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+ CM-5-145 Regular Meeting May 11, 1987 Cm. Hegarty felt that w~thout a doubt, th~s ~s a large undertaking and he questioned Dublin's process about how ~t would proceed ~f Hacienda were not even ~nvolved. The County ~s clearly the largest beneficiary as they are the largest landowner. As far as Dublin's part, the whole th~ng h~nges on the extension of Dublin Boulevard. Mr. Fairfield felt th~s study ~s a s~mpl~st~c way to get started ~n order to determine benefits as well as costs. Cm. Snyder ~nd~cated that he had a commitment w~th Mr. Fairfield several weeks ago to try to get people together to deal w~th th~s subject, prior to knowing that th~s ~tem was going to be on the agenda th~s evening. Several people ~nvolved have tentatively set aside t~me m~d-day on Monday, May 18th to meet and d~scuss th~s ~tem. Mr. Fairfield ~nd~cated he had an appointment ~n San Francisco at 2:30 p.m., but would be w~ll~ng to meet earlier ~n the day. Cm. Hegarty expressed concern that Pleasanton knows what they have to do and now all of a sudden they want money from Dublin. Cm. Hegarty clarified that he d~d not want a free r~de, but was concerned that Pleasanton ~s now telling Dublin what a b~g benefit th~s is to us. Cm. Vonheeder rem~nded the Council that back ~n December of last year, the Council notified Pleasanton that the f~rst development north of 1-580 would trigger us to study th~s ~ssue. Mayor Jeffery suggested delaying d~scuss~on of th~s ~tem until more ~nformat~on ~s ava~ lable about the meeting. Cm. Snyder stated that th~s meeting would s~mply ~be all concerned part~es sitting down to talk and he d~d not anticipate that much Staff t~me would be required. The fewer people ~nvolved, the better ~t would be. There should be representatives from North and South property owners, appropriate Staff personnel from Dublin and Pleasanton and pol~t~cal representatives from Alameda County and both C~ties. Mayor Jeffery and Cm. Snyder w~ll attend as the point, cai representatives from Dublin. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Counc~il agreed to proceed w~th the study and d~rected Staff to arrange a meeting w~th the appropriate people to develop ground rules for the study. REQUEST FROM CHIEF PHILLIPS RE SALE AND USE OF FIREWORKS F~re Chief Phillips has requested Counc~l consideration of prohibiting the sale of safe and sane f~reworks w~th~n the C~ty of Dublin. An advisory elect~on held ~n November, 1982, resulted ~n 1,746 yes votes and 2,489 no votes to the question "Should the C~ty of'Dublin enact an ordinance which would prohibit the sale of safe and sane f~reworks w~th~n the C~ty l~m~ts?" +~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+*+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+~+ CM-5-146 Regular Meeting May 11, 1987 Staff advised that s~nce th~s elect~on was advisory only, ~t d~d not require that the Counc'i 1 take action one way or another. The law has changed s~nce th~s ~ssue was considered ~n the past. Permits for 1987 sales have already been ~ssued. D~scuss~on followed regarding various other c~t~es ordinances w~th regard to prohibiting the sale, use or d~scharge of f~reworks. Cm. Hegarty expressed concern ~n that we d~d have an elect~on and the people told the Council what they wanted. If the Council ~s considering changing the rules, ~it should again ask the voters. Cm. Hegarty questioned the cost of the 1982 advisory elect~on. He ~nd~cated that he could support a total ban (sale, use or.d~scharge), but would have a problem just prohibiting the sale ~n Dublin. C~ty Attorney Nave advised that a ma~l ballot elect~on can now be considered. Mayor Jeffery suggested getting more ~nformat~on. S~nce the f~reworks sales permits for th~s year have already been dec~ded, we have t~me to study the ~ s sue. Cm. Vonheeder expressed her feelings that the Council gave up the right to make a decision on th~s when they put ~t to the voters. If the Council ~s considering a change, they should put ~t back to the voters as another advisory elect~on. Cm. Snyder felt that the Council could easily d~rect Staff to draft a new ordinance subsequent to th~s years sales. Public hearings would provide an opportunity for the community to voice their opinions on the subject. Mayor Jeffery agreed and felt that when the C~ty starts the public hearings on th~s top~c, ~t w~ll get pros and cons from the community. Ms. Lyn D~nelli questioned the possibility of allowing a certain area within the C~ty where f~reworks would be permitted, perhaps the Dublin Sports Grounds. She felt that even though they present definite hazards, ~t would be a shame to totally deny youth the pr~v~ledge of th~s type of celebration. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by majority vote, (Cm. Moffatt absent), the Council d~rected Staff to develop an ordinance which would prohibit the sale, use or d~ scharge of f~reworks ~n Dublin and bring back for future d~scuss~on. Cm. Vonheeder voted against th~s motion. Power Failure Electrical power at the L~brary went off at approximately 8:30 p.m., and the meeting was ~nterrupted. +*+*+*+*+*+*+*+*+*+~,+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+~+*+*+ CM-5-147 Regular Meeting May 11, 1987 At 8'50 p.m., Mayor Jeffery annoUnced that the meeting was continued to the next regular meeting of the Ci~ty Council which would be Tuesday, May 26, 1987, 7'30 p.m., at the Dublin Library. The remaining items would be discussed at that meeting. CLOSED SESSION Mayor Jeffery then announced that the Council would go into a closed session at City Offices, Suite 101 Conference Room, to discuss pending litigation, City of Dublin vs. BART. ~ ADJOURNMENT There being no further buSiness to come before the Council, the meeting was adjourned at 9'45 p.m. ATTEST :~,~C. ~ .... City' Cl~rk + ~ +i-+ ~ +qe+*+qe+*+qe+*+qe+. +qe+*+ ~ +qe+qe+qe+*+*+*+qe+*+*+*+qe+ ~ + ~ +.+.+.+qe+ ~ +. CM-5-148 Regular Meeting May 11, 1987