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HomeMy WebLinkAbout12-22-1986 Adopted CC Min REGULAR MEETING - December 22, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, December 22, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7:32 p.m. by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty, Moffatt, SnYder, Vonheeder and Mayor Jeffery. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. PROCLAMATION Mayor Jeffery read a proclamation honoring the late Dr. Aristides de Sousa Mendes do Amaral e Abranches who was the Portuguese Consul in Bordeaux, France during World War II. Dr. Mendes helped thousands of innocents to flee the Nazi onslaught and as a result of his actions, was removed from his post, banished to internal exile in Portugal and left to die dishonored and penniless. The proclamation was presented to his son, John Paul Abranches, who, along with his family has lived in Dublin for 25 years. The Abranches family for many years have contributed selflessly towards the quality of life for all the citizens of Dublin and have raised their four children to be responsible and contributing citizens of our community. CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of December 8, 1986; Adopted RESOLUTION NO. 141 - 86 GRANTING VARIANCE TO SECTIONS 508 AND 3804 OF THE UNIFORM BUILDING CODE (Rafanelli & Nahas - Alamo Creek Village II - Fire Sprinklers) Denied the claim submitted on December In 1986 by George Filstead and directed Staff to notify the claimant; CM-5-270 Regular Meeting December 22, 1986 Adopted RESOLUTION NO. 142 - 86 SETTING FORTH THE INVESTMENT POLICY FOR THE CITY OF DUBLIN FOR 1987 Authorized the City to become a participant in the NORCAL Employment Relations Training Consortium and approved an additional appropriation from the Contingent Reserve to the City Manager Training Account in the amount of $1,875; Accepted improvements under Contract 86-5, Slurry Seal Program and authorized retention payment to Valley Slurry Seal ($4,883.37) and approved budget transfer of $5,410 from Contingent Reserves to the Street Maintenance Budget for the 1986-87 Fiscal Year; Approved the extension of the Downtown Improvement Study Committee to May 1, 1987; Authorized Staff to enter negotiations with The Fishery for approximately .10 acre of vacant right-of-way along San Ramon Road north of Amador Valley Boulevard and adopted RESOLUTION NO. 143 - 86 ESTABLISHING SURPLUS PROPERTY AND DIRECTING STAFF TO NOTIFY APPROPRIATE AGENCIES Adopted RESOLUTION NO. 144 - 86 APPROVING THE PURCHASE OF REAL PROPERTY, DRAWING AND DELIVERING WARRANTS, ACCEPTING AND RECORDING A GRANT DEED, AND DECLARING DOUGHERTY ROAD A PART OF THE CITY STREET SYSTEM (SP Right-of-Way) and approved a Budget Transfer of $9,300 from Reserve; Accepted improvements as being complete for Contract 86-1, Village Parkway Landscaping and released certificate of deposit used in lieu of retention; Accepted improvements under Contract 85-7, San Ramon Road/San Ramon Valley Boulevard/ Alcosta Boulevard Traffic Signal Improvement Project; authorized retention payment to Hess Construction Company ($33,109.67); and authorized an additional appropriation in the amount of $43,506.05 from the Capital Reserve for authorized projects; Authorized a budget transfer of $3,921 from Contingent Reserve for City's share of 2 paratransit vans; Approved Warrant Register in the amount of $408,406.00; CM-5-271 Regular Meeting December 22, 1986 Cm. Snyder requested that the item related to the Household Hazardous Waste Collection Program be removed from the Consent Calendar for discussion. Cm. Snyder distributed a copy of a memo related to a summary of the 1986 program provided for Fremont, Union City and Newark residents. He indicated that Dublin should look at the data relative to the size of our community. The program is very expensive and the average cost per household is about $100. There is a need, however, for this type of a program. Following discussion, on motion of Cm. Snyder, seconded by Cm. Vonheeder and by unanimous vote, the Cbuncil approved the ABAG Pilot Household Hazardous Waste Collection Program in concept and directed Staff to evaluate funding options; Cm. Snyder requested that the item related to establishing rules for the conduct of City Council meetings be removed for discussion. On Page 4, Section 9.a.(2) Cm. Snyder questioned if 4 members were present at a meeting, would the required vote need to be unanimous. City Attorney Nave added verbage and corrected (2) to read "The City Council determines by vote of four (4) out of five (5) members, or by a unanimous vote of the members of the Council if only 4 or only 3 members are present that the need to take action arose after the agenda was posted;" Cm. Snyder also felt a copy of the rules should be available at every meeting. City Attorney Nave added Section 20 which will read "RULES AVAILABLE FOR PUBLIC REVIEW - A copy of this Resolution shall be available at all meetings of the Council for review by the public." Following discussion, with changes discussed, on motion of Cm. Snyder, seconded by Cm. Vonheeder and by unanimous vote, the Council adopted RESOLUTION NO. 145 - 86 ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN PUBLIC HEARING ORDINANCE REGULATING THE SALE TO, USE BY, OR POSSESSION BY ANY MINOR OF DANGEROUS WEAPONS Mayor Jeffery opened the public hearing. This ordinance was introduced at the December 8, 1986 City Council meeting and regulates the sale to, use by, or possession by any minors of dangerous weapons. Use of such weapons is lawful by minors provided there is parental consent and direct supervision by an adult; the weapon is necessary for the minor's lawful occupation or employment; or .for the purpose of lawful recreation. No comments were made by members of the public. CM-5-272 Regular Meeting December 22, 1986 Mayor Jeffery closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading' and adopted ORDINANCE NO. 20 - 86 REGULATING THE SALE TO, USE BY, OR POSSESSION BY ANY MINOR OF DANGEROUS WEAPONS PUBLIC HEARING ORDINANCE ESTABLISHING TITLE I OF THE DUBLIN MUNICIPAL CODE (GENERAL PROVISIONS) Mayor Jeffery opened the public hearing. This ordinance was introduced at the December 8, 1986 City Council meeting and establishes the framework for the rest of the ordinances which will be incorporated in the Municipal Code. No comments were made by members of the'public. Mayor Jeffery closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 21 - 86 ESTABLISHING'TITLE I OF THE DUBLIN MUNICIPAL CODE (GENERAL PROVISIONS) PUBLIC HEARING ORDINANCE REGULATING PRIVATE PATROL OPERATORS Mayor Jeffery opened the public hearing. This ordinance was introduced at the December 8, 1986 City Council meeting and revises Chapter 7 of Title 2 of the Alameda County Code which the City adopted by Ordinance No. 13-82. This ordinance requires a Private Patrol Operator to conform with State Law; to register with the Dublin Police Department; and to receive approval from the Police Department regarding the uniform to be used by the Operator No members of the public commented on this item. Mayor Jeffery closed the public hearing. CM-5-273 Regular Meeting December 22, 1986 On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 22 - 86 REGULATING PRIVATE PATROL OPERATORS PUBLIC HEARING ORDINANCE REGULATING FORTUNETELLING FOR PAY Mayor Jeffery opened the public hearing. This ordinance was introduced at the December 8, 1986 City Council meeting and establishes regulations for fortunetelling for pay. No comments were made by members of the public on this item. Mayor Jeffery closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Snyder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 23 - 86 REGULATING FORTUNETELLING FOR PAY PUBLIC HEARING ORDINANCE ESTABLISHING A STREET ADDRESS NUMBERING SYSTEM Mayor Jeffery opened the public hearing. Staff explained that this ordinance is part of the program to incorporate provisions of County Ordinances into the proposed Municipal Code, and the provisions of this ordinance are essentially the same as the County Ordinance with references to unincorporated areas deleted. Sections 5, 6 and 7 are new, and result from discussions with the police and fire departments and will facilitate emergency response. Chief Building Official Taugher explained that this would apply to all non- residential existing buildings and all new residential numbers. Regarding numbering of rear doors, Cm. Vonheeder questioned if this would supersede the terms in a lease if a lease restricted any additions to the outside of the building. Staff advised that it would be the responsibility of the building owner to have numbers properly displayed. Mayor Jeffery closed the public hearing. No comments were made by members of the public on this item. CM-5-274 Regular Meeting December 22, 1986 On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance establishing a Street Address Numbering System. PUBLIC HEARING ORDINANCE REQUIRING THE ENCLOSURE OF SWIMMING POOLS Mayor Jeffery opened the public hearing. This ordinance is part of the program to incorporate provisions of County Ordinances into the proposed Municipal Code and requires swimming pools to be enclosed by a fence or a fence and portions of the building. The technical requirements are the same as the County Ordinance, with an exception dropped because it would not be applicable to Dublin, that allows the omission of a fence on large acreage where the pool has a large setback from public roads. No comments were made by members of the public on this item. Mayor Jeffery closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance regulating the enclosure of swimming pools. PUBLIC HEARING ORDINANCE RELATING TO AUCTIONEERS Mayor Jeffery opened the public hearing. This ordinance is part of the program to incorporate provisions of County Ordinances into the proposed Municipal Code and does nothing more than require Auctioneers to comply with the provisions of the State Law and the City's Zoning Ordinance. No comments were made by members of the public on this item. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance relating to auctioneers. PUBLIC HEARING ORDINANCE REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Mayor Jeffery opened the public hearing. CM-5-275 Regular Meeting December 22, 1986 This ordinance is part of the program to incorporate provisions of County Ordinances into the proposed Municipal Code and regulates massage establishments and serviCes. The Police Chief has reviewed the ordinance and concurs with its content. No comments were made by members of the public on this item. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance regulating massage establishments and massage services. OTHER BUSINESS Letter to Target Stores City Manager Ambrose reported that a letter had been drafted to send to Target Stores requesting that they consider occupying the former GEMCO site prior to November, 1987. The City feels that by allowing the GEMCO building to remain vacant 10 months, small adjacent commercial tenants would be hurt. This time period could also damage Target's ability to recapture most of the former GEMCO customers who may find other stores outside of the community to do their shopping. The Council reviewed the letter and minor grammatical changes were made. By a consensus of the Council, Staff was directed to send the letter to Target Stores. CLOSED SESSION At 8:17 p.m. the Council recessed to a closed executive session to discuss personnel matters. ADJOURNMENT There being no further buSiness to come before the Council, the meeting was adjourned at 8:30 p.m. , , , , City~j3~erk~l CM-5-276 Regular Meeting December 22, 1986