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HomeMy WebLinkAbout02-1982 Adopted CC MinutesMEETING FOR INCORPORATION CITY OF DUBLIN February 1, 1982 The first meeting of the City Council of the City of Dublin was called to order by temporary Chairman, Supervisor Don Excel l, at 7:30 p.m., with remarks of congratulations to those present, Councilmembers and members of the audience on this historic occasion. The meeting was held in the Little Theatre, Dublin High School, 8151 Village Parkway. Supervisor Excell indicated that this is a happy and historic occasion. To begin with this is going to be run like no other CounCil Meeting you ever saw. I want.to show you folks that this is a marvelous City, a friendly City, and I will tell you how I am going to do that -- this is a little unusual. I would like to have you all stand up please, now if you will just shake hands with your neighbors round about and not take too much time. Okay we don't want to get too .friendly, let's not overdo it.' We have someone who wants to make a presentation. It's the Dublin Rotary and Lions Clubs and they are going to make a presentation at this time. PRESENTATION OF COLORS PLEDGE OF ALLEGIANCE On behalf of the Dublin Rotary Club we would like to present this flag of California to the City Council, the City of Dublin with good luck and good fortune in the days and years ahead. On behalf of the Dublin San Ramon Lions Club I would like to present this Flag, at this time, and I have a second reason for being proud to be up here this evening. I moved to this area in 1927 and I think tht if someone had told me, in 1927, that 55 years later I would be presenting a flag to the City of Dublin I don't think anyone would believe me. I also think it is appropriate at this time to present this flag because its symbolic of several things that are taking place this eveni.ng. One of these is that we have the opportunity to choose the type of community that we want to live in, and we've also had the priVilege to elect those that we wish to represent us. So with that I would like to wish you, the Council, the very best of luck and it is my pleasure to present this flag to you at this time. PLEDGE OF ALLEGIANCE Cm. Linda Jeffery lead in the salute to the Flag. CM-I-1 INVOCATION The invocation was given by Reverend Mr. James Griffes. OATH OF OFFICE Judge Mark Eaton, the newest member of the Superior Court in Alameda County, is here to administer the Oath. I would like to have a hand to congratulate him for his new position. I wish you all very well, happiness and luck. Thank you. ELECTION OF MAYOR At this time the Chair will entertain a motion for the office of Mayor. Cm. Jeffery nominated Pete Snyder for the office of Mayor. Any discussion? Well then all those in favor say aye, opposed, it is unanimous. Congratulations. Before this goes any further I would like to make a couple of presentations of my own now that I have a captive audience so just wait a minute. First, here's the gavel for you Mr. Mayor, that's from Darlene and I to the City. Then for you personally is this little plaque, that you can hang on your wall as the first Mayor of Dublin. Now the thing is that you will notice under the first Mayor is blank, but I've already paid to have the inscription put on it if you will just take it over that will be fine. I didn't want to leave anybody out so I have a couple of other things here, this is a proclamation by Alameda County making February 1st, Dublin Day. Just in case some time you might get a City Hall and you would want to have something to hang in it here is the Commendation from the Board of Supervisors to the City of Dublin, the people of Dublin, and here is a copy of the Proclamation. I want to thank you all for the opportunity to be here tonight. Mayor Snyder stated it certainly has been a pleasure to have Supervisor Excell open this meeting on a most joyous and historical event in the community and the city life of Dublin. ELECTION OF MAYOR PRO-TEMPORE Do we have nominations for that office? Cm. Burton, Mr. Chairman I move that Pete Hegarty be Vice Mayor pro~tempore. It has been moved by Cm. Burton that the nomination of Cm. Hegarty be placed in order. Cm. Jeffery, I move the nominations be closed. It has been moved the nominations be closed. Second to the motion. Any discussion on the motion? Those in favor of the motion-Aye, those in favor of the elction of the Mayor pro-tempore. Unanimous. REMARKS BY MAYOR & COUNCILMEMBERS Mayor Snyder stated remarks should begin with thanks, and I suppose all of us are very thankful for the opportunity immediately to be of CM-1-2 REMARKS BY MAYOR & COUNCI LMEMBERS Cont service to this great community of Dublin. I know I have loved it ever since the day that my wife and my family moved here, some 20 years ago, and we never have disenjoyed a day in this great community. I would like to thank, also, my fellow councilmembers and with all humility that I could show for'the opportunity to be able to serve not only you, as a community, but as the Chairman for their various meetings. I would like to thank Supervisor Don Excell for being here this evening, and hi.s generous presentations, and his willingness to open this meeting and get us off on the right foot. Now I would like to also thank the Lions and the Rotarian, Lion Val Hathaway, and Rotarian Bob Elliott for the gra%eful presentation of the flags to this community. I think it is only, as was indicated, so symbolic of not only a great community, in a great state, in a great country that these were presented by members of two of the world's grea.test service organiza- tions. I would like to thank the Reverend Griffes for his fine invocation this evening and to get us off on the right foot in somebody else's eyes. Judge Mark Eaton for administering the oath, this evening. I have already said to the electorate of Dublin how thankful I am to you to be able to serve, at least for the first 26 months that we are a City of Dublin. You know the pioneers of Dublin would be proud now, as the current residents of Dublin, I am sure are proud, and as the future residents will be proud. We are in a situation right now that is not unlike 1776, except that no violence because of a democratic society has been undertaken to create a new form of government in our community. And that means that we really understand the true needs for change when we feel that change should be appropriate. Politics is considered the art of compromise, and I think that we would ask for a compromise from all quarters, to see that the City of Dublin is truly a great city. Many things should be accom- plished in the near future, especially in working together. I know that we are capable of accomplishing this feat because of the business community and the residents of this community, and the support that they have shown in the past. We need to 'look to the future for future developments, both commerical and residential. Not too long ago in the media it was stated that Dublin would become one of the wealthiestici~ties in the State of California, and I would like to state to you unequivocally, right now, that I think Dublin was very wealthy before it ever was a City. It's CM-1-3 REMARKS BY MAYOR & COUNCILMEMBERS Cont. wealth is in the people that make up it's residency. Without those individuals there would be no direction for the future of this community. Thank you and we certainly appreciate your attendance this evening and I would like to call upon each one of our Council- members to address you so that you might not only hear a few words ifrom them, but might becomemurefamiliar with who you are going to deal with in the future. Cm. Jeffery: I feel that we have been remiss in that nobody has mentioned Supervisor Excell's green tie. Dublin is known for their green and he came appropriately dressed and I thank you for that. This morning I woke up and looked out my window and I said ',hey there's a City out there", but you know Dublin is more than build- ings and land, Dublin is people. It's our neighbors, it's your family, it's my family, WE are Dublin. And together WE are going to build a new City, and I say that because I am hoping that every one of you become very i nv.olved in what is going to happen this next year. We are going to be making a lot of very substantial decisions about our future. I think we should all be involved, and all talking about these things, so I hope to see all of you at our Council Meetings. They will be in a very small room, but we will have other kinds of things where we can all get involved in, and you know how to get in touch with us anyway. We are all very visible in the Community. Lastly I would just like to say thank you to all of you who have entrusted me with this responsibility. I intend to be as fair as possible and I hope my ears are bigger than they have ever been because I want to hear from all of you. I thank you very much. Cm. Hegarty: Good evening, the honorable Judge Eaton, Supervisor Don Excell, Supervisor Charles Santana, the honorable Mayor Snyder, my fellow Councilmen, Mayor Mercer, and all other distinguished guests in the room, and especially to you the citizens of Dublin. For this evening would not be Dublin's first City Council meeting if you the residents did not get out and vote. You voted for Cityhood, and it came about. I also think that we should thank all those who have not been mentioned, who have worked so hard during those years of working on incorporation. There were many out there who worked very, very hard. They are not mentioned, but they worked hard. The five Councilmembers know who they are, and they know who they are, and we owe them an awful lot of thanks. CM- 1-4 . ~. REMARKS BY MAYOR & COUNCILMEMBERS Cont. This day was long in coming, we had to struggle for it, but it is here. The trust that the people of Dublin' have put into the five of us City Councilmembers I can assure you that I will work for your behalf. I am sure that if you work with us, if you do not go back into apathy, and you stay active, keep us on our toes we will make the City of Dublin the emerald of this valley. With that there are many things that have to be done this evening. I want to thank everyone for all that they have done for Dublin in making this day come about. Thank you! PaUl Moffatt: Thank you very much. This is kind of a hard act to follow. Most of the people have mentioned all of the things that I would like to have said, but they have done it so much better. Anyway the few close remarks that I would like to make is that, to those who have encouraged me along the political path I would like to express my gratitude. For those, the people of the City of Dubli'n, I would like to reaffirm my committment, and to the new mayor, Mr. Snyder, I would like to wish him well. With that thank you very much. Dave Burton: Thank you Mayor. Some of you may wonder what this is sitting up here in front. These are not pep pills. President Reagan had set some kind of a pattern by having jelly beans on his table, and we thought with all the things we have ahead of us as Council it would be only appropriate for us to have the extra strength Tylenol, so that is our symbol. Tonight is a very wonderful occasion, there are many many people and it has been said here before that have worked so hard over the years to accomplish what we are doing tonight. I think that the main thing that I would like to remind us all is that Dublin is a proud community. We have always been proud, we have been proud of our history, and it has been exemplified by the hard work that people have done to preserve it. We have been proud of our community because we have grown as a basic community that has both commercial and residential. We are proud of our institutions, because not only with the community as a commercial base it also has a very strong church and related institutions which is important as a community. No question about it, Dublin can be proud of it's sports programs. When you figure out that one o~t o~every five people play soccer, that live in Dublin, that is some kind of a record. I think that we can be very proud of the people that have worked in that area of our community, and made us proud. CM-1-5 REMARKS BY MAYOR & COUNCILMEMBERS Cont. We are proud of our schools, we have beautiful schools, we have people that are leaders in the schools, have been leaders in the community and the kids and the young people that are i.n schools here are proud that they are Dublin schools. I am sure that we can share that with them. Then we can be proud of the City that we now have. I think that is a marvelous thing that is happening and we can now add to all this pride that we are finally a City. As it was mentioned before I expect Dublin will probably be one of the best financed. I know it won't be the wealthiest but it will be the best financed cities, and if we are careful we can have the most attractive city in the whole State. As far as it being attractive to shop in and attractive to live in. I am looking forward to that coming about. It is going to take some time. We the people have a real thanks to give. I have been responsible for a lot of the things that have come about in this incorporation and I have to tell you this that there was one man who made it happen. We have had a lot of lip service over the years, we have had a lot of rhetoric over the years about yes Dublin, but there was always some catch to it. Tonight I would like to recognize a man who really made it happen so that we are sitting here tonight incorporating the City of Dublin, our Supervisor Don Excell. Let's give him a hand. He made it happen and we are grateful for it Don. I thank you all very much for the opportunity to serve in the City Council of Dublin and it is going to be a great time. I know that you are all going to be proud of the way the City comes out. Mayor Snyder: One group that I neglected to thank, and that is the group that makes it all possible for us to be meeting together in a room like this this evening and that's Joan King, and Dublin High School, and the Amador Valley Joint Union High School District, and we would certainly be condensing if we didn't give thanks to them for the use of this room this evening. Thank you very much. GREETINGS Greetings from Gib Marguth, Assemblyman from the 15th District. CM-1-6 REMARKS FROM AUDIENCE Mayor Ken Mercer of Pleasanton: It was unanimous amonsgt'i~h~ Council members, and the Mayor of Pleasanton that Dublin should be its own city, and the citizens have the vote to decide what form of government they wanted, that we didn't feel it was our job to annex any part of the county that had this magnitude of population, and residential and commercial development. I am just really pleased that you have elected to have your own form of government. I am really pleased to see that you had really good people that came out and ran for office. Linda, I think it is terrific that they keep mentioning you first. That won't last too much longer, I guarantee it. If you don't keep speaking up they won't even mention you after a little while so don't let the womens lib thing go to your head, but don't let them walk on you either. On behalf of the City of Pleasanton we want to congratulate all of you as citizens. We want to especially congratulate you as the new Mayor, we want to offer our assistance in whatever way we can help you. I am sure that there are going to be a number of joint committees that we are going to need to establish to solve a lot of these problems and I think that the City of Pleasanton stands ready and all we are waiting for you to do is put your feet on the ground and come and ask us and we will be able to assist you in whatever way we possibly can. Once again congrat- ulations. Mr. Fred Drena: I would like to take this opportunity to congratulate the newly elected City Council. I am the guY.that didn't make it, but I think it is wonderful. I wish them all the best of luck. My good friend Pete Snyder, who got me involved in the City Government, who has been rewarded as Mayor, congratulations Pete. I encourage you all to do a good job because I will see you in 26 months. Eddie Jo Mack: I would like to say that I'm the lady that didn't make it, but I think I made it because I am still going to be working with the group and they all know I call them the first thing in the morning about 6:30 a.m. and woke them up. After all that celebration they weren't too pleased. I just wanted to say to them that I am still in there. I didn't start out just to be Councilman, I started out to help Dublin and I am still there so all you have to do is call me. CM-1-7 Supervisor Santana: First let me take this opportunity to congra- tulate each and every one of you here. As we all know it takes a team, a team of folks to keep this act together, and of course with the support of the community I am sure that the City of Dublin is in good hands. Let me add this that we all give a credit to Don Excell, but I will tell you what put this City together. It was those doggone diamond lanes, they got tired of travelling back and forth, that brought everything to a head. Citizen: I just want to say its done and over with, but I feel that the man who got the most votes was not elected mayor. Mayor Snyder: I guess when I talked about politics and the art of compromise that is a part of that art. It is not really within our dealing right now. This was an action unanimously of five members, that's their deliberation. I think it is appropriate after if you want to question each one of those about their motiva- tion about why anything was done. Citizen: It was my understanding that normally the guy that gets the most votes wins. Mayor: I would like to point out to you the fact that Quentin Kopp won in San Francisco, but is not the Chairman of the Board of Supervisors today. There is no mandate on a ballot of that kind that dictates anything of that sort. I am sure there are disappointments in many quarters, and we all recognize that. Like I say, it was a deliberation of five individual people, how they would come to some conclusion about what they wanted to have happen. I would find it really best for you to question each one of those, and see what their deliberations were, why they decided what they wanted to do. Citizen from Castro Valley: May I give you an Irish blessing, since this is the City of Dublin: May the road rise with you, May the wind always be at your back, and may God carry you always in the palm of His hand. RECESS The Mayor then declared a short recess. CM-1-8 On motion of Cm. Jeffery, seconded by Cm. Burton, the following resolution was passed' unanimously: RESOLUTION NO. 1-82 A RESOLUTION APPOINTING THE CITY CLERK (D~rothy Hock) On motion of Cm. Burton, seconded by Cm. Moffatt, the following resolution was passed unanimously: RESOLUTION NO. 2-82 A RESOLUTION APPOINTING THE CITY TREASURER (George Gaekle) On motion of Cm. Hegarty, seconded by Cm. Burton, the following resoluton was passed unanimously: RESOLUTION NO. 3-82 A RESOLUTION APPOINTING THE CITY ATTORNEY (Michael Nave) NEW BUSINESS On motion of Cm. Moffatt, seconded by Cm. Jeffery and by unanimous votes, reading of the.ordinance was waived. On motion of Cm. Burton, seconded by Cm. Heg~rty, the following urgency ordinance was adopted unanimously: ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING FOR COUNTY ORDINANCE TO REMAIN IN EFFECT On motion of Cm. Jeffery, seconded by Cm. Moffatt, the following resolution was passed unanimously: RESOLUTION NO. 4-82 A RESOLUTION ORDERING THE CITY CLERK AND CITY TREASURER TO EXECUTE A BOND AND SETTING THE AMOUNT THEREOF CM-1-9 NEW BUSINESS Cont. On motion of Cm. Jeffery, seconded by Cm. Hegarty, the following resoluton was' passed unanimously: RESOLUTION NO. 5-82 A RESOLUTION ESTABLISHING RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN Prior to adoption of the resolution several changes were made to reflect the Council's wish regarding use of the word "closed" instead of "executive" sessions in Section 1. (c); Section 11. (e) a motion to reconsider any action taken by the Council may be made at any time.; Section 17. Special Committees, shall be appointed by the Presiding Officer subject to approval of the City Council. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, reading of the ordinance was waved. On motion of Cm. Moffatt, seconded by Cm. Burton the ordinance was adopted. ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF DUBLIN DESIGNATING THE PLACE OF REGULAR CITY COUNCIL MEETINGS (Dubl in Library, 7606 Amador Valley B1 vd.) On motion of Cm. Jeffery, seconded by Cm. Burton, the following resolution was passed unanimously: RESOLUTION NO. 6-82 A RESOLUTION RE POSTING OF ORDINANCES All ordinances will be posted a) at the office of the City Clerk, 6500 Dublin Blvd., Suite 218; Dublin Library, 7606 Amador Valley Blvd.,; office of the Dublin San Ramon Services District, 7051 Dubl in Blvd. On motion of Cm. Burton, seconded by Cm. Jeffery, an ordinance was introduced,.the reading waived which would establish a special gas tax street and improvement fund, motion passed unanimously. CM-i-IO NEW BUSINESS Cont. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, reading of the ordinance was waived. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote the ordinance was adopted. ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF DUBLIN IMPOSING A DOCUMENTARY TRANSFER TAX ON TRANSFERS OF REAL PROPERTY LOCATED WITHIN THE CITY OF DUBLIN Discussion was then held on a proposed ordinance creating the position of City Administrator. A motion was made by Cm. Jeffery to introduce the ordinance and waive the firSt reading; motion died for lack of a second. A motion was made by Cm. Moffatt to refer the ordinance to a special committee for discussion, motion died for lack of a second. A motion was made by Cm. Burton to set the matter for a work session, the ordinance needs further discussion, motion died for lack of a second, motion later withdrawn. A motion made by Cm. Burton, seconded by Cm. Moffatt, to introduce the ordinance, waive the reading, and refer the matter to a work sesssion, passed with Cm. Moffatt dissenting. After some further discussion, it was deci.ded to set the item for a work session before the City Council to be held on Monday, February 8, 1982, in the Library. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, an ordinance was introduced and the first reading waived, providing for establishment of a Planning Agency for the City of Dublin, consisting of a Planning Commission. It was also decided to publicize the need for interested parties to apply for membership on the Planning CommiSsion, and a motion of Cm. Hegarty, seconded by Cm. Burton, to place an ad in the local papers failed by a 2-3 vote, Cm. ~Jeffery, Moffatt and Mayor Snyder dissenting. It was decided to rely upon newspaper stories and word of mouth for citizens who might be interested in serving on the Planning Commission. CM-l-11 NEW BUSINESS Cont. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the following resolution was passed' RESOLUTION NO. 7-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REQUESTING THE CALIFORNIA HIGHWAY PATROL TO CONTINUE TO PROVIDE TRAFFIC ENFORCEMENT WITHIN THE CITY On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, an ordinance was introduced and the first reading waived, providing for a salary for members of the City Council. A brief report was given by the City's insurance broker (Cooper, McKenzie & Murphy) stating that he had obtained an insurance binder to protect the City as of 12:01, February 1, 1982. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the action in obtaining an insurance binder for liability insurance and designating the firm of Cooper, McKenzie & Murphy as the City's insurance broker On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote the following resolution was passed' RESOLUTION NO. 8-82 A RESOLUTION AUTHORIZING I~Nl~ER:INADMINISTRATIVE OFFICIAL TO ARRANGE FOR OFFICE RENT, OFFICE EQUIPMENT AND SUPPLIES AND CLERICAL ASSISTANCE WRITTEN COMMUNICATION Mr. Gaekle: The first one is a letter from the Dublin San Ramon Services District Fire Department, signed by Chief Phillips, it has to do with the sale of fireworks within the City limits of Dublin. As I understand it fireworks have been sold previously because the county permitted this in the unincorporated area. Cities around the state, in i'ncreasing number, have opted to ban the sale of fireworks, as I believe Pleasanton and Livermore have done. With that I would like to defer to Chief Phillips. CM-1-12 WRITTEN COMMUNICATION Cont. Chief Phillips: The actual problem is that today is the witching day under the County Ordinance to begin accepting applications for the sale of the so called "safe and sane" fi~reworks. We have been contacted by the manufacturers representatives. I had asked them to hold back since the City would not form until today and hopefully wait until the end of February till the City could make some type of decision relative to what they wanted to do about fi reworks. I am under a permanent Court Order to follow the County Ordinance, but by the time fireworks would be sold 120 days of normal procedures as far as the Councils responsibility in adopting the County Ordinances would have passed. So I don't know, at this stage, what you want. I believe you don't need to take any action tonight, but something is going to have to be done relatively soon. City~ Attorney Michael Nave indicated that. the matter of fi.reworks and the prevention of fires is a matter of public safety. Chief Phillips may be unaware of the fact that the Government Code permits us in the cases of public safety to enact an emergency ordinance, which you may do tonight prohibiting the sale of fireworks, or you may defer until a subsequent meeting if you so desire and adopt an ordinance in a regular course of business giving represen- tatives of the firework industry., what have you, an opportunity to be heard on the matter. As far as the City is concerned you may act tonight, if it is your desire to prohibit' the sale of fireworks, or you may wait and perhaps introduce your ordinances tonight and have the action of the ordinance put over to a subsequent meeting to allow public comment. Councilman asked if the City of Dublin,say puts in the ordinance that we are not going to have fireworks sold in Dublin that does not keep the fireworks out of Dublin does it? Chief Phillips: To some degree it will, but obviously not 100%. Councilman, i~n the past how many fires in June and 'July would you attribute to the "safe and sane" fireworks? Chief Phillips: There is a minimal number,.I can't gi.ve you the exact count tonight, but it is a minimal number that we are able to trace back to those particular fireworks. The problem is that they bring the dangerous type with them, because a lot of people will buy them. They are bootlegged, however, they begin to pass down to other people who don't know the di.fference between what's legal and what isn't. They also bring sales people into the community CM-1-13 WRITTEN COMMUNICATION Cont. who locate somewhere near the "safe and sane" fireworks stands and sell the illegal fireworks, and we have had experience with that on several occasions. Councilman: Would you say the "safe and sane" fireworks are not the problem, but it is the bootleg fireworks that are the problem? Chief Phillips: Well no, there is a problem with the "safe and sane", but they bring the bootlegged fireworks into the community - one leads to anOther. We simply do not believe in either type of fi reworks. I really have to point something else out to you, there is a piece of legislation that should be heard any time in the State Senate SP999, if that legislation passes our discussion here is moot, you will be forced to sell them in the community., in which case we will .have to look at some type of ordinance covering it. We don't know where it stands, it went through the fi'rst session of the Legislature, was held over to the second session and it just has not come up for hearing yet. Cm. Burton: I feel that it has been a tradition with some of the non-profit organizations to use that as a fund raiser, we should then make our decision if we are going to make it in an expeditious manner. The other part I would like to suggest is that we have an opportunity for public input wi'th proper notice. So that if there is a reason for justifying the sale of "safe and sane" fireworks then at least they have had an opportunity to send it to us. A motion was made by Cm. Burton 'that we put the subject of "safe and sane" fireworks on our next agenda with proper public notice that it is going to appear and that there will be opportUnity for public input, seconded and passed unanimously. Cm. Jeffery: I was reading the County Ordinance on this and it states that every application for a permit should be accompanied by a fee, is the county now collecting fees for this in lieu of permission? Dublin San Ramon Service District is collecting the fees. Cm. Moffatt: I think in response I would like to hear the other side of the story. CM-I-14 ~ml~. WRITTEN.COMMUNICATION Cont. A letter from Alameda County Training and Employment Board and Associated Community Training Action Program first of all congrat- ulating you on becoming a City, second a request that you join this organization, which is a consortium of local governments. They say that the Al.ameda County Training Employment Board is the prime sponsor that administers programs which provide job training and employment opportunities for unemployed, underemployed and economically disadvantaged persons under a mandate from CETA, funded by the U~S.. Department of Labor. Secondly, as a community action agency, they grant funds to community based organizations so that they may provide services to the poor in order to help aleviate the causes and consequences of poverty. They ask that you contact the executive director so that he can come and give you a thorough overview of the agency and what actions it would take to join the consortium. Cm. Jeffery: I was just curious, did they mention in any communication with you what cost would be on something like this, what our obligation would be? Cm. Burton: I think we ought to have them come out, to explain. Mr. Gaekle was requested to arrange a meeting for discussion of the proposal. From the Pleasanton Housin9 Authority-City of Pleasanton with regard to fire protection coverage to the new Arroyo Vista Complex. Mr. Gaekle explained the Housing Authority will within the next few months begin operation of phase I of their' new development Arroyo Vista, which is the reason for this letter. They would like to know what your intention is, and what the future goal of the City of Dublin is with respect 'to fire protection in the Arroyo Vista Compl-ex. When will this service begin, and what form would it take? They want to know what you think about this? As a matter of fact for some time the City of Pleasanton has been responding to fires in the area. I have had a conversation with the City Manager of Pleasanton who says that his desire is to stop doing that now that you are.a City. So that raises a question which will require some study and thought on how this might be accomplished ..... CM-I-15 WRITTEN COMMUNICATIONS Cont. Chief Phillips: We received a copy of this letter shortly after the City received it from the Housing Authority. Because there was no City Council there was nothing that could really be done legally since it lies outside the boundaries of my district. However, my planning Division Commander has been working on the program for about thirty days, so that if you wish us to protect it and reaCh some agreement with my Board we can move rather quickly into Arroyo Vista and provide fire protection to the area. Again since it is outside of the boundaries of the district some type of agreement will have to be worked out between City and District. Mayor Snyder: I wonder if you would agree that we ask Mr. Gaekle and the Pleasanton Housing Authority, DSRSD, and the City of Pleasanton to come forward with a plan in the near future that we can deal with and hopefully as rapidly as possible, agreed. Resolutions of congratulations from the City of Newark and the Dublin San Ramon Services District Board of Directors in dealing with the newly formed City of Dublin. MISCELLANEOUS Juanita Tygn, Member of Audience: Mr. Mayor, I would like to suggest that the Council consider appointing a Senior from the High School to represent the youth of the community at the Council Meetings. Mayor Snyder: That is something I am sure that we can put on the agenda and discuss. Cm. Burton: I am a member of the Board of Directors of the Chamber of Commerce and I am asking whether or not anyone on the Council feels that I should not retain that Job? Board members of the Chamber of Commerce would like me to stay on that, does anyone. have any objections? Mayor Snyder: I have no problem with it, as long as there is no conflict somewhere down the line. Member of Audience: What type of public access are we going to have to the City Councilmembers and what portion of the City Council members represent what portion of Dublin? CM-1-16 MISCELLANEOUS Cont. Mayor Snyder: All five City Councilmembers represent every section of Dublin. You have open access as far as I know to any member. Either through the City Office or by public information that will be available to you to contact them as individuals, the phone numbers will be available in the City Office for the time being, and I would imagine it's been the habit of the Press, at least recently, to periodically publish the names, and phone numbers of individuals concerned with various governmental agencies in the area. Terry Schullerts, Member of Audience: Is the agenda of the meeting to be posted ahead of time so that people know what and where? They always would be available at the City Office, just as it had been in the past with the School District, you could go to the City Office and pick up a copy of the Agenda or at the Library. The regular meetings are the first and third Mondays at 7:30 p.m. A question was asked re Dublin's population. The registar voters will count up the number of registered voters and will certify the results to the State Controller. When that figure is multiplied by 3 it will serve as the tentative population which the. State will use for per capata allocation of certain State subventions. We think it will be approximately 18,000, but we don't'know exactly. ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 9:55 p.m. Next regular meeting will be February. 1~982. '-.. Mayor ATTEST City Cle CM-1-17 SPECIAL MEETING February 8, 1982 The City Council met in a special meeting at 7:30 p.m., in the meeting room of ~_ the Dublin Library, 7606 Amador Valley Blvd., to discuss the drafting of an ordinance creating the position of City Administrator or City Manager. PRESENT: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. CITY CLERK PRO TEMPORE In the absence of the City Clerk, Cm. Jeffery was appointed Clerk pro tempore on motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote. DISCUSSION RE PROPOSED ORDINANCE (City Administrator Appointment) The ordinance creating the position of City Administrator, which was introduced at the meeting of February 1, was discussed and revised, It was agreed that a section would be added making residence in the City by the City Administrator desirable but not a condition of employment. Regarding the designation of an acting City Administrator, it was agreed that the language in Pleasanton's ordinance be used (Section 4). Regarding expense reimbursement for the City Administrator, it was agreed the words "with approval of the Council" be added to the section Compensation. The second paragraph of the section was eliminated. Most of the discussion concerned the appointing authority of the City Administrator, and a motion by Cm. Moffatt that the City Administrator appoint and remove department heads with Council approval was seconded by Cm. Burton, and received the following vote and failed to pass: AYES: Cm. Burton and Moffatt; NOES: Cm. Hegarty, Jeffery and Mayor Snyder. A second motion was made by Cm. Hegarty that the present wording be approved, that the City Administrator recommends and Council appoints and removes department heads was seconded by Cm. Burton and failed to pass by the following votes: AYES: Cm. Burton and Hegarty; NOES: Cm. Jeffery, Moffatt and Mayor Snyder. At this point the Council turned to a discussion of the balance of the Ordinance. The following sections were approved by concensus as written: Powers and Duties, except for the sub-section on Appointment and Removal; Internal Relations; Agreements on Employment; and Supercession of County Ordinances. It was agreed that the section regarding Removal Procedure should be removed and that these matters should be considered in an employment agreement. CM-1-18 The discussion then returned to the matter of Appointment and Removal, and a motion was made by Cm. Moffatt, that the City Administrator appoint and remove department heads with Council approval was seconded by Cm. Burton. An amendment was proposed by Cm. Jeffery that the City Administrator appoint and remove department heads after consulting with the Council did not receive a second. The vote on the main motion passed by the following vote: AYES: Burton, Hegar%y, and Moffatt; NOES: Cm. Jeffery and Mayor Snyder. Regarding Section 1. Position Created, a motion was made by Cm. Burton that Section 1 be approved with this revision: "...and shall hold the position at the pleasure of the Council" received the following vote and was passed: AYES: Cm. Burton, Hegarty and Moffatt; NOES: Cm. Jeffery and Mayor Snyder. The ordinance will then be revised to comply with the changes made and be reintroduced at the February 16 meeting. The Mayor asked that the language be in a neuter gender. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 10'50 p, ,The n~ext~ ~egula~ meeting will be held on February 16, 1982. CiyClerk ' Regular Meeting. of February 16, 1982 A regular meeting of the Dublin City Council was hel.d on Tuesday, February 1, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order by Mayor Snyder at 7:30 p.m. ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder PLEDGE OF ALLEGIANCE Mayor Snyder led the Councilmembers as well as those present in the audience in the Pledge of A1 legiance. MINUTES APPROVAL On motion of Cm. Burton, seconded by Cm. Jeffery, the minutes of the meeting of February 1, 1982, were approved as submitted by unanimous vote. TYPES OF MEETINGS - PARTICIPATION BY PUBLIC Mayor Snyder briefly outlined the types of meetings which will be held by the Council, when and where they will be held as follows: Regular meetings - First and third Mondays, Library meeting room; special meetings which would be noticed, the subject outlined; public hearings which would be an opportunity for the Council to receive input before making a final decision and work sessions whi~ch are for discussion among.the Council members, with the public present but not necessarily to be invited to participate. The time for discussion by the public is when the matter comes back to the Council for action. Mayor Snyder al so explained that citizens may address the Council- during the designation of Oral Communications and on a specific agenda item after a motion has been made but before the vote is taken. These, generally, will be the rules fol lowed for meetings. ORAL COMMUNICATIONS (Larry Hendricks - Traffic on Davona Dr.) Mr. Hendricks presented letters from residents along Davona Dr. expressing their concern regarding the excessive speed on-the street which runs between Al costa Blvd. and Village Parkway, and seems to be used as a short-cut between the two thoroughfares. Many accidents have occured, with damage to vehicles and property, during the past years. Mr. Hendricks also read exerpts from 9 letters submitted by residents of Davona Dr. outlining various incidents regarding speeding, use by tractor- trailers, visibility problems because of curves and speeding; school children crossing the street. Some citations have been issued, but as soon as the campaign ceases, the speeding pattern returns. Stop signs were suggested as a possible solution to the problem, discourage- ment of commuter traffic using the street. In any case, it was urged that some action be taken, that the matter not be forgotten. Capt. Boyer of the Sheriff's department gave assurance that they would do what could be done by his staff, even though traffic is not their primary function. The citizens present were assured that the Council would obtain what statistics are available regarding the citations issued on the street, have information regarding other alternate solutions (other than stop signs, speed bumps) and the matter will be back before the Council probably at the next regular meeting. RESTORATION - GREEN STORE Mr. Gus Nichandros who is restoring the building in question, requested the Council's preference regarding the sidewalk area in front of the building. A requirement was that the building be restored to it's original configuration which means that a porch or wooden sidewalk CM-1-20 RESTORATION - GREEN STORE Cont. be installed. Since the street has been realigned not enough room would remain to have a conventional sidewalk installed also. Discussion was also held regarding the possibility of abandoning a portion of the street as it exists to provide room for sidewalk, and possibly rerouting the bike path to the rear of the building. At the close of discussion., on motion of Cm. BurtOn, secOnded by Cm. Hegarty, and .by unanimous vote, permission was given to allow the building as proposed with the wooden porch and steps to the street, using a hold harmless clause to be worked out by the City Attorney in order to protect the City and an agreement will be presented at a later meeting. INCORPORATI ON OF SAN RAMON AREA Mr. Richard G. Harmon, representing the San Ramon Incorporation Study Committee, requested that the City support their position that a pro- posed reorganization study of the Dublin San Ramon Serv.ices District (DSRSD) not be discussed at this time by LAFCO of Alameda Co., but be postponed until the incorporation issue for San Ramon is settled. The study should proceed, but just not now. On motion of Cm. Jeffery, seconded by..Cm. Burton, and by unanimous vote a motion was adopted to express to LAFCO the City of Dublin's recommenda- tion that a reorganization study should occur after San Ramon's incorp- oration, if such should occur. SIGN VARIANCE - B-40 ZONING VIL.LAGE PARKWAY AREA Steve Richards, County Planning staff member, outlined the matter of a zoning variance concerning retention of a free-standing sign, 6797 Village Parkway and the zoning presently in force in that area. It was explained that an area along the Parkway is presently zoned C-2-B-40 (General Commercial)which was established in 1969, for two reasons. First, the commercial zoning replaced the Light Industrial classification as there seemed to be a greater demand for commercial uses rather than for the intended industrial uses and the B-40 designation was retained to provide for the one acre building site area and the 30 ft. front yard requirement. Secondly, at the time there were no meaningful sign regulations in the commercial zone and it was intended that the retenion of a 30 ft. front yard would provide some control over signs by prohibiting placement of any sign in the required setback. CM-1-21 SIGN VARIANCE - B-40 ZONING VILLAGE PARKWAY AREA Cont. The Council briefly discussed the matter of the sign, sign regulations in general, and on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, it was decided to retain the B-40 zoning designation, and to schedule a study session regarding a sign ordinance regulating signs throughout the City of Dublin. APPOINTMENT TO MOSQUITO ABATEMENT DISTRICT The Alameda Co. Mosquito Abatement District has instructed the City of Dublin that pursuant to the Health and Safety Code, the City may appoint a representative to the Board of Trustees, a two year term ending January 2, 1984. This person should not be a Councilmember but a citizen of Dublin. It was agreed that publicity should be given so that any person having an interest could notify the Council and an appointment will be made at a subsequent meeting, on motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote. PROPOSED AGREEMENT ALAMEDA COUNTY SERVICES The County Administrator has suggested an agreement to clarify by whom and in what manner the required services are to be provided as well as to define the City/County relationship. This matter was referred to Mr. Gaekle and the City Attorney for discussion with the County and preparation of a suitable agreement. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote the following resolutions were passed: RESOLUTION NO. 9-82 PRESCRIBING TIME AND METHOD OF PAYI.NG SALARIES AND WAGES RESOLUTION NO. 10-82 AUTHORIZING A PROCEDURE FOR APPROVAL OF DEMANDS CM-1-22 RESOLUTION NO. 11-82 CONSENT TO CANCELLATION OF UNCOLLECTED CITY TAXES, PENALTIES 'AND COSTS BASED ON THE CONSENT OF THE COUNTY LEGAL ADVISER ORDINANCES ADOPTED The following ordinance was adopted on motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote upon being read in full: ORDINANCE NO. 4 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND The following ordinance was adopted on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote upon being read in full: ORDINANCE NO. 5 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A PLANNING AGENCY CONSISTING OF A PLANNING COMMISSION The following ordinance was adopted on motion of Cm. Hegarty, seconded by Cm. Jeffery', and by unanimous vote upon being r. ead in full: ORDINANCE NO. 6 AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING A SALARY FOR MEMBERS OF THE CITY COUNCIL INTRODUCTION - ORDINANCE RE CITY ADMINISTRATOR The City Council discussed a proposed ordinance which had been modified from the time of its first reading on February 1, and a work session held on February 8. On motion of Cm. Moffatt, seconded by Cm. Jeffery, the ordinance was read and introduced by unanimous vote. Further discussion was. held regarding appointment of department heads wi th the approval of the City Council; whether or not, in fact, this is a City Manager form of government, or whether the Council appoints and it is called an administrative form of government. CM-1-23 It was explained that either name, Administrator or Manager, is in fact considered a Council-Manager form of government. The City Attorney also reported that in his opinion any court would consider the ordinance before the Council a City Manager type government. After discussion re the wording of the ordinance and of the meaning of "administrative form of government" a motion was made by Cm. Jeffery, seconded by Cm. Moffatt, to change the title to City Manager, which passed by the following vote: Ayes - Cm. Jeffery, Moffatt and Mayor Snyder; Noes - Cm. Burton and. Hegarty. A motion by Cm. Moffatt re Section 2: Residency in, the City at the time of appointment is not a condition of appointment, however, within 180 days of acceptance of an appointment it shall become a requirement unless the City Council approves residency outside the~' City of Dublin. The motion died for lack of a second. SELECTION PROCEDURE (City Manager) Mr. Gaekle generally outlined his proposed procedure for selection of a City Manager, how the applicants would be screened: 1) examine for qualifications desired; 2) Seek help of two other professional persons to evaluate the applicants; 3) Provide the Council wi th the number of applicants they wish to interview for final determination. The applicants would then be investigated by Mr. Gaekle on their home ground, reporting back to the Council. Then invite the person/persons back for an interview, for eventual appointment. It was suggested that both a brief written report and verbal discussion with the three evaluators would be helpful, with the number to be presented to be within the judgement of the group. It was also determined that probably May 1st would be the earliest possible time to have a person ready to commence work. INTERVIEW BANK REPRESENTATIVES Cm. Burton has been receiving letters from banks who want the City's business and would like another member of the Council to continue interviews with various banking institutions together with Mr. Gaekle. Cm. Jeffery indicated her willingness to serve on this committee and was appointed to serve. PROVISION OF SERVICES A report was submitted by Mr. Gaekle outlining some of the services which need to be provided by the City as of 7/1/82. They are -1. CM-1-24 PROVISIONS OF SERVICE Cont. In general; 2. Public Safety, including police and Animal Control; 3. Environment, including Planning and Zoning, Dublin's Sphere of Influence, Signs, Regulating business; 4'. Transportation and Public Works, including Maintenance, improvement and appearance, public transportation, undergrounding utilities, engineering and~building inspection; 5. City staffing. It was decided to conduct a work session re. these subjects on February 22nd, at 7:30 p.m. on motion of Cm. Burton, seconded by Cm. Moffatt and by unanimous vote. CITY SEAL DESIGN The City may wish to have a City seal, and after some discussion it was decided to add this item to the items to be discussed as above noted on February 22nd. ZIP CODE Postmaster Orval McDaniel, present in the audience, indicated that a request had already been made for a code to be assigned to Dublin and generally outlined the benefits which woul~d accrue to the City in faster mail sorting, and expanded services to businesses. No further action is needed by the Council at this time. MISCELLANEOUS Mayor Snyder brought to the Council's attention two matters coming before the Board of Supervisors on February.17th. as follows: A CUP for a day care center for 40 childrean in a R-1 Single Family area, 6677 Spruce Lane and a variance to retain an 8 ft. fence in a R-1 BE-Single Family area, 7631 Carl ow. Mayor Snyder also announced that through the Alameda County Mayors' Conference a nomination may be made for a representative to the East Bay Regional Park District Board should any person be interested in submitting a name. It was decided to ask the newspapers to give all proposed appointments some publicity so that any person interested may submit their name. Cm. Burton reported that several citizens and groups of citizens are winning awards of various kinds and suggested that the City of Dublin in some way recognize these efforts by way of a certificate or proclamation or some other method. It was decided to discuss this matter at the meeting of February 22nd. CM-1-25 RECESS There being no further business to come before the meeting, it was adjourned to 7-30 p.m., Monday, February 22, 1982 in the Dublin Library, 7606~.I)~j)olin Blvd. ' ~2' ' Mayor /- ~. ATTE~~_ Ci ty~C1 erk Adjourned Rggular Meeting of February 22, 1982 An adjourned regular meeting of the Dublin City Council was held on Monday, February 22, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order by Mayor Snyder at 7:4.5 p.m. ROLL CALL Present' Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. DISCUSSION RE PROVISION OF SERVICES - 7/1/82 Mayor Snyder explained that the discussion this evening will be to formulate some goals and philosophies regarding the following general subjects: Public Safety (including Police and Animal Control); Environment (Planning and Zoning, Sphere of Influence, Signs,.Regulating certain kinds of business); Transportation and Public Works (Streets, maintenance, improvement and appearance), Public Transportation, Undergrounding utilities, Engineering and Building Inspection; City staffing; City Seal and How to recognize acts of heroism, winners, of contests, etc. The audience will be allowed to participate in the discussion when the Council has expressed their views and are ready to receive public input. In general Cm. Jeffery expressed the hope that the least bureaucratic way as possible should be kept in mind when setting up the various services to be provided, and yet do the right job. Cm. Hegarty agreed, also to keep costs down and use contracts as much as possible, and have as much control as possible over all services. Al'so it must be decided how far Dublin can go, and how much can be expected in services. CM-1-26 Cm. Moffatt questioned how contract enforcement would be handled, and the Council briefly discussed the difference between the situation now existing, when Alameda Co. has budgeted items re street maintenance and has not followed through on the actual work versus having a contract and enforcing that contract. In a contract situation the City can determine and receive a certain level of service. Cm. Burton expressed his feeling that one of the most important things is citizen participation, as a new City, it is neces-sary that the citizens and business community both should be involved. Mayor Snyder reported here that he had received a request from a church group wanting to take on a project only asking that the Council give them som~ ideas. A question was posed by Fred Drena regarding the level of services and how much in actual funds is to be spent in Dublin by the County in the interim period until June 30th. Mr. Gaekle explained that the County's budgetary format is not specific regarding how much maintenance ~work ~is to be done in each given area, whereas some capital outlay project specifically for Dublin can be traced. The Mayor reported that during a prior discussion the County public Works Department had outlined the streets to be sealed soon, and also had indicated a program for the future maintenance of streets. DISCUSSION RE POLICE SERVICES Cm. Moffatt suggested that a Committee of citizens be developed, 5 to 10 individuals, to discuss and look into all the different.options available to the City making this a recommendation for discussion. The group would come to the Council with recommendations and alternates. Some of the options are the Sheriff's Department, East Bay Regional Park, City of Pleasanton, or the City's own department. Cm. Moffatt expressed his feeling that feedback is desirable from the citizens as to the types of services and level of service they are looking for. There are many ways to provide service, there are different needs for residents and for the business community. At the close of discussion, no decision was made re a proposed committee, further information is desired, i.e., traffic enforcement, some statistics re juveniles, response.time to police calls, a "person" in charge of the service available to talk to citizens. Also discussed was animal control, what is meant and the problems peculiar to Dublin regarding wild animals (other than domestic cats, dogs ,. etc. ) . Itwas decided to discuss this subject further at a meeting of March 8th. CM-1-27 ENVIRONMENT This category involves the land left for development, that developed already and the need for a General Plan. The Council discussed the appointment of a Planning Commission, staff to support both the Commission and a Planning Director. Cm. Burton suggested that Dublin needs their own Planning Director, and the Council directed Mr. Gaekle to proceed with processing the Planning Director applications received. Also discussed was the City's Sphere of Influence, signs and the problems related to the signs; licensing and regulating businesses, itinerant businesses and exemptions which the Council may wish to grant. Those matters relating to Transportation and Public Works, City staffing, City seal were also coutinued to a study meeting on March 8th. RECESS The meeting then recessed to an executive session to discuss personnel at 10:45 p'.m. At the close of the executive session the meeting reconvened to adjourn to a meeting of Friday, February 26, 1982, to recess to an executive session to continue to discuss personnel (City Manager applications), at 6500 Dublin BI~i~., Rm. 218, 10:30 a.m. - ' ' ~ Mayor /~ ~x ,~ ATTEST ~~ Cit~///~l erk ADJOURNED REGULAR MEETING - February 26, 1982 An adjourned regular meeting was held on Friday, February 26, 1982, at 10:30 a.m., 6500 Dublin Blvd., Room 218. The meeting was called to order by Mayor Snyder. Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. The meeting then recessed to an executive session for discussion of personnel (City Manager applications). ADJOURNMENT The meeting ~~djourned aty:30 p.m. City Cl~ CM-1 -28