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