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HomeMy WebLinkAbout03-1982 Adopted CC MinutesRe§ular Meeting. - March 1, 1982 Th. reaular meeting of the City COuncil, City of Dublin, was called to order by Mayor pro tempore Hegarty at 7:30 p.m. in the meeting room, Dublin Library, 7606 Amador Valley Blvd. Present: Cm. Burton, Jeffery, Moffatt and Mayor pro tempore Hegarty Absent: Mayor Snyder (excused) MINUTES APPROVAL Minutes of the special meeting of February 8th and the regular meeting of February 16, 1982, having been delivered to all Councilmembers, on motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, were approved as s.ubmitted. ORAL COMMUNICATIONS Mayor Hegarty explained that during this category those present may speak, should stand and give their name and address, then proceed to address the Council on the subject they wish to present. This is for decorum in the meeting and to avoid discussion among those present. (Recognition of Citizens) It was suggested that citizens of Dublin who have performed outstanding feats, or acts of heroism should be recognized, and the Council indicated that such would be done as soon as a proper vehicle can be decided upon to do so. A proclamation or resolution on suitable paper might be the answer and the staff is investigating. (Poem - Bruce Wi 1 cox) Cm. Burton presented a poem written by Mr. Wilcox, called the Emerald of our Valley, done in calligraphy and framed, so that it may be hung in the office. WRITTEN COMMUNI CATIONS CUP - Video Arcade and Pizza Parlor, Amador Valley Blvd. (Ryder) A letter was received from Frank Ryder, 7410-A Amador Valley Blvd., submitted a letter of inquiry re issuance of a new pizza parlor and arcade permit. The Mayor explained that this item is before the County Planning Commission and if the permit is issued Mr. Ryder has the right of appeal if he is not Satisfied with the permit conditions. If it is denied, the applicant would CM-1-29 have the right to appeal. The business cannot begin until a permit has been issued. Mr. Ryder's concern was that if when opened it seems necessary to install more video games himself would the Council oppose this action, would the Council take some stand on this question. The Council indicated not enough informati.on was available to express an opinion at this time, these matters will have to be investigated and discussed for later action should such become necessary. Greeting from Govenor Brown Mayor Hegarty read a letter ~from Govenor Brown to the people of Dublin extending his greetings and best wishes on the occasion of Dublin's incorporation. AB 1743 Cm. Jeffery requested further information re AB 1743. Joint Meeting - DSRSD Board and City Council Mr. Gaekle reported that a request had been received from the DSRSD Board suggesting a joint meeting with the City Council and it was agreed that March 22 was an available date, to be held in the Library meeting room. UNFINISHED BUSINESS Davona Drive Traffic Captain Kidder, CHP, explained that they are responsible for the unincorporated area streets and freeways, east and south of Oakland, which includes Dublin and they will continue to provide, until June 30, the same service as now in operation. Davona Dr. accidents represent 3% of the accidents in Dublin last year (7 in all). Sgt. Pete Peterson, indicated that Mr. Hendricksen had brought the traffic situation on Davona Dr. to his attention last September, speeding, accidents, using the street as a shortcut. Of the accidents reported, some were caused by drunk driving, some by speeding or following too close or improper driving. Generally speaking, Dublin has 200 to 250 accidents per year on average, a collision between two vehicles where damage or injury is reported. There were no fatal accidents in 1981 in Dublin, no pedestrian accidents were reported. CM- 1- 30 Other streets which have had accidents are Dublin Blvd. (61 in 1981), Village Parkway, Amador Valley Blvd., San Ramon Rd. and Dougherty Road. When asked for suggestions as to traffic control, Sgt. Peterson indicated that deployment of officers seemed to work very well, visible patrol, possibly stop signs, especially in the area of Murry School. When asked, it was determined that most accidents occur later in the after- noon and beyond commute time and beyond that time. Most times, stop signs are erected to assign right, of-way, not to slow traffic, however, it is something to be considered. Speed bumps are not recommended, they are more of a hazard than a help, no one would want that liability. Also discussed was the use of radar, however other studies have to be made prior to its use. Sgt. Peterson also noted that the County Public Works Department can do traffic counts which woul~d give an idea as to where stop signs should be located. Capt. Boyer, Sheriff's Department, reported that they had asked for more patrol time for Davona Dr., and other streets, making 29 stops, 12 citations and turning 2 drunk drivers over to the CHP. The effect is there when the officers are there. Larry Hendricks, Davona Dr. pointed out the possibility of increased traffic in Dublin with the advent of job openings presently planned, we should have a game plan for the entire City. Even though a tre- mendous amount of enforcement has been afforded now, when they are gone, the speed again picks up. Large trucks use the street and should not do so. It is recommended that a "Not a Truck Route" sign be posted, and 3 sets of stop signs. Hopefully. a solution can be reached soon. Several citizens expressed cOncern re children in the front yards, cars being sideswiped, and all agreed that stop signs are desirable. After som~ discussion re how to proceed, a ~,motion was made by Cm. Jeffery, seconded by Cm. Burton, and passed unanimously, (Mayor Snyder absent and excused) to ask the County to perform a traffic study on Davona Drive re possibility of stop sign locations, a radar study on speeds on this street in order to have a basis for making a decision, information to be received for the meeting of March.15th. Sgt. Peterson also emphasized that if a speeder can be identified, license number, name, any information possible, give him a call at 489-1500, and some action can probably be taken. Mr. Hendricks asked at this point if the Council would like to rece.i~ve a survey, conducted by him, of~'the residents of Davona Dr. as to what they want, where signs should go in their opinion. The Mayor indicated that if he wished to do so he had the Council's blessing. CM-1-31 SALE OF FIREWORKS Chief Phillips, DSRSD Fire Chief, reiterated his question re the sale of fireworks in the City of Dublin, specifically the sale of safe and sane fireworks, and the possibility of a ban on said sales. Chief Phillips presented some statistics re safe and sane fireworks as well as illegal fireworks, reporting, no more than I to 2 incidents with safe and sane fireworks, with substantial loss during some years from illegal fireworks (1976-81). The problem seems to be the lack of information re the difference between the two types of fireworks. Chief Phillips also reported an inspection time per day cost at $t6 and processing time for licensing at $28 per hr. during the time stands are normally set up for sales. Mayor.~~ read a letter from the City Manager and Fire Chief of Livermore urging a ban on sale of safe and sane fireworks. Mr. Glen Forbes, representing Red Devil Fi reworks spoke regarding an ordinance which had been delivered to the Councilmembers proposing that safe and sane fireworks be regulated, licensed to only local non-profit organizations. He also cited the statistics showing that 99% of the damage done is done by illegal fireworks, which are banned within the state, very little damage by safe and sane fireworks. Mr. Forbes also indicated that often a ban on safe and sane fireworks increases the use of illegal fireworks, citing such a case in the City of Napa. A citizen of Brighton Dr. stated his feeling that when safe and sane fireworks were legally sold, they were used in front yards; when not legal, relegated to back yards and the fields.. No decrease in illegal fireworks has ever been noted, only increases, and he recommended that regulated sales of safe and sane fireworks would be in the best interest of Dublin wi th illegal fi reworks uses being prosecuted. Leann Cook spoke expressing her concern regarding children being injured, citing an injury to her daughter by careless use of fireworks, the scars and trauma which still exist. We seem to find ways to celebrate without fires, and teach children to use matches in a safe, controlled way other days of the year and yet feel that fireworks are necessary one day of the year. Ms. Cooke also expressed concern with people from other areas coming to the City to purchase fireworks if sale is made legal here. Marie Cronin spoke in favor of regulated sale of safe and sane fire- works, in this way regulations can be enforced, precautions taken. Concern was expressed by several citizens in the audience re teaching children safe use of fireworks, if outlaw sales, how to enforce regulations. Also stated was a problem with the fund raising aspect of sale of safe and sane fireworks, many organizations rely upon this method to finance their programs for youth. Others expressed a problem wi th regulating use of both types of fi reworks, how can it be determined which is which. CM-1-32 A motion made by Cm. Jeffery to ban all fireworks in Dublin did not receive a second and died. Cm. Burton spoke generally regarding the benefit to many organiz.ations who rely on sale of fireworks, also that if a ban is enacted, sales can still occur in the County area. He expressed concern for the injury which occured, but did not feel a ban would necessarily solve that problem. Cm. Jeffery indicated her feeling that even safe and sane fireworks are not always safe, sparklers for instance, can injure also. A motion was then made by Cm. Burton, seconded by Cm. Moffatt, to direct the staff to prepare an ordinance re sale of safe and sane fireworks received the following vote: Ayes: Cm. Burton, Moffatt and Mayor pro tempore Hegarty; Noes: Cm. Jeffery; AbSent: Mayor Snyder. ARROYO VISTA DEVELOPMENT - Fi re Protection A request had been made by the Housing Authority., City of Pleasanton, re provision of fire protection to the Arroyo Vista development which is now being provided by the City of Pleasanton by contract. Mr. Gaekle reported that as a result of meeti~ng with' the City of Pleasanton, representatives of DSRSD and the Housing Authority it was determined that the City of Pleasanton will continue to dothe work until July 1, under the existing contract. After July 1, it seems logical that DSRSD provide fire protection either by contracting with Dublin or by annexation to the Distri~ct. Since a joint meeting with DSRSD is scheduled this subject could be discussed at that time. ORDINANCE - CITY MANAGER POSITION. Cm. Burton questioned the City Attorney re designation of City Manager, could this matter be submitted to the citizens by an election. If the ordinance is adopted, would the designation remain until changed. The City Attorney indicated that the ordinance would be valid until changed either by vote or action of the Council. A motion was made by Cm. Burton to Place the matter of "City Manager" or "City Administrator" on the next available election ballot did not receive a second. A motion by Cm. Moffatt, seconded by Cm. Jeffery, to waive the reading and adopt the following ordinance received the following vote: Ayes: Cm. Jeffery, Moffatt and Mayor pro tempore Hegarty; Noes' Cm. Burton; Absent' Mayor Snyder ~ CM-1-33 ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF DUBLIN CREATING AND ESTABLISHING THE POSITION OF CITY MANAGER SELECTION OF BANK FOR CITY FUNDS Cm. Burton and Jeffery and Mr. Gaekle interviewed eight bank representatives and their proposals for provision of banking services for the City. In their opinion, Central Bank made the best proposal in terms of service and costs and it is recommended that the Council designate Central Bank. On motion of Cm. Moffatt, seconded by Cm. Burton, the Council unanimously confirmed the recommendation re Central Bank's proposal. CITY FUNDS INVESTMENT LOCAL AGENCY INVESTMENT FUND Mr. Gaekle reported that cities are allowed to invest with the State Treasurer certain funds belonging to the City and that the City Treasurer must be authorized to do so. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote the following resolution was adopted: RESOLUTION NO. 12-82 RESOLUTION AUTHORIZING INVESTMENT OF CITY MONIES IN LOCAL AGENCY INVESTMENT FUND ORDINANCE RE SALES AND USE TAXES Mr. Gaekle reported that this is the standard ordinance which establishes a sales and use tax, and empowers the State Board of Equalization to administer the ordinance. Since this is an ordinance imposing a tax, on motion of Cm. Jeffery, seconded by Cm. Burton, a motion to waive the reading and adopt the following ordinance receive the following vote: Ayes: Cm. Jeffery, Burton, Moffatt and Mayor pro tempore Hegarty; Noes: none; Absent: Mayor Snyder. ORDINANCE NO. 8 AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS AGREEMENT - ADMINISTRATION OF SALES AND USE TAXES As a companion matter to the above ordinance an~agreement must be authorized for its administration, and on motion of Cm. Burton, seconded by Cm. Moffatt, the Council voted unamiously to approve execution of said agreement. PROPOSED ABANDONMENT OF STREET - PORTION OF DUBLIN BLVD., (Green Store) It was explained by the Public Works Department, Alameda Co. that the application regarding sidewalk area in front of the Green Store as requested by Mr. Nichandros had been made prior to the incorporation of Dublin. The County was concerned that an encroachment permit for construction of a wooden porch within the right of way which would not be in the best interest of the County or Ci'ty. Instead, an abandonment of a portion of the right of way and a condition to construct a new cement concrete curb,, gutter and sidewalk north of the existing sidewalk to replace the existing one so that pedestrians could walk totally within the county road right of way would be more desirable. It is suggested then that a hearing be set for consideration of abandon- ment of the street. It was agreed by the City Attorney that this was the best way to ~proceed and on motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the following resolution was passed: RESOLUTION NO. 13-82 RESOLUTIONAND NOTICE OF HEARING TO ABANDON A PORTION OF DUBLIN BOULEVARD ADJACENT TO THE GREEN STORE, PLEASANTON TOWNSHIP: FIX DATE, HOUR AND PLACE OF HEARING, PUBLISH AND POST MISCELANNEOUS ITEMS (City Seal) A brief discussion was held re a City Seal., and on motion of Cm. Moffatt, seconded by Cm. Burton, and by the following vote, it was decided to have a committee of Councilmembers to develop a concept for a City Seal, and to bring recommendations to the full Council for approval: Ayes: Cm. Burton, Moffatt and Mayor pro tempore Hegarty; Noes: none; Absent: Mayor Snyder; Abstain: Cm. Jeffery. Cm. Burton and Moffatt were designated to serve as the committee. CM- 1- 35 (Toastmasters Spring Conference) Mr. Gaekle reported that this group is requesting a proclamation declaring the week of April 25 as Toastmasters Week. The Council agreed that the Mayor should do so, and that in the future such items be listed on the Consent Calendar for the Council's information. (Meetings - Murray School District) A communication has been received from the District indicating that both the District and City Council meet on the same schedule and suggesting that in the interest of public participation the City might consider meeting on the second and fourth Mondays. The Council accepted this recommendation and directed the staff to prepare a resolution amending the Rules and Regulations to reflect this change. (Resurrection School - Tree Planting) The school has indicated that a tree is to be donated to the City (a value of $30) to be planted wherever the Council designates. It was decided to plant the tree in the Library grounds and the staff will so inform the School. ADJOURNMENT There being no further business to come before the Council the meeting was adjourned to,.f meeting on ~gnday, March 8, 1982, in the meeting room, Dublin ~b~f~ry at 7:30,.~.~/~m. /~ Mayo r ~ ~ ~ ATTEST ~ ~ City C~Frk~ ~'~ CM-1-36 Adjourned Regular Meeting - March 8, 1982 An adjourned regular meeting was held on Monday, March 8, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:30 p.m. by Mayor Snyder. ROLL CALL Present: Cm. Burton, Jeffery, Hegarty, Moffatt and Mayor Snyder. DISCUSSION- SHERIFF's DEPARTMENT- POLICE SERVICES Capt. Keith Boyer, Eden Township Substation, presented information by way of charts, graphs, regarding the current police services staffing now afforded the City .of Dublin, some crime statistics and generally outlined the current annual costs of services for the fiscal year 1982/83, by administration cost, service bureau, patrol bureau and investigation bureau. Also outlined was a proposed or modified proposal with costs outlined in the same categories as noted above and a proposed police service, again with costs outlined in the categories of administeration, service bureau, patrol bureau and investigation bureau. Undersheriff Dan Vohl also outlined some of the services which would be available which are not readily noticed, i.e., recruitment and training (basic and in-service)of applicants, firearms instruction, legislative updates, use of detention facilities (proximity of Santa Rita), discip- linary action process, POST certification, .a trained officer assigned to patrol, computer services (county-wide, state and national data base) other county-wide services such as bomb disposal, crime lab, safety services. It might also be advisable to become a member of the master mutual aid agreement. Capt. Boyer noted that the City is one beat of the Sheriff's responsi- bility presently, that a 3 beat system could be used, 24 hours per day. One of the beats would be primarily commercial area, with some residential coverage, the other two would be mainly residential and schools in nature. Beats could be adjusted upward if necessary. Capt. Kidder, California Highway Patrol, also outlined for the Council an overview of their operations in ~ublin stating that Dublin is a two beat operation, the major arterial streets and a line beat, two traffic units daily, with other units available to be called if necessary (which are assigned to areas adjacent to Dublin and a part of the CHP's responsibility). Capt. Kidder also listed the accident record within the City, by injury, property damage and driver under the influence. In addition, Capt. Kidder offered assistance by way of traffic enforce- ment training to the Sheriff's Department if asked to do so during the transition period. CM-1-37 Discussion was also held regarding the function of an on-site office, within the City, for police services, how it would function and the purpose for existence, availability being a l:arge part of this proposal; aid in time of some emergency (-lost child, bank robberY); impact on crime rate by development of a strong program, burglery reduction possibility of a police cadet program involved in crime prevention program; bicycle safety and pedestrian safety programs; missing juvenile program. To sum up, Undersheriff Vohl indicated that what was presented tonight was meant to be an outline of current services, a proposed service, what can be projected in the formation of police services for the City. It is flexible, can be adjusted up or down, the City may wish to use the Santa Ri ta facility for a time rather than establish a facility in Dublin. Further discussion can be held on this matter, prior to a final decision. Mr. Gaekle reminded the Council that flexabili.ty is necessary, Ci.ty finances are not totally known at this time, they may be drastically reduced next year due to State legislative decisions. Mayor Snyder thanked the Sheriff's Department for their presentation. It was also decided to contact East Bay Regional Park District for their comments/proposal, some private firms and possibly the City of Pleasanton. Mr. Gaekle will investigate, also the administrative services contract wi th the County. PUBLIC WORKS SERVICES BY COUNTY - TRANSPORTATION The Council also needs to have some proposal from the Public Works Department re -services available, costs, and what is the schedule of work to be done i.n Dublin until the end of the fiscal year. Transportation is also a service which needs to be investigated., BART representatives may wish to discuss this matter with the Council. MEETINGS - ASSEMBLYMAN MARGUTH - DSRSD A meeting has been propgsed, possibly for a dinner meeting on March 29, with Assemblyman Marguth. Also, a joint meeting with DSRSD needs to be scheduled, and it was decided to meet on April 22. PLANNING COMMISSION APPLICANTS It was decided to discuss the process of appointing members at the next meeting. CM-1-38 PLANNING DIRECTOR POSITION It was decided to hold applications for this position for a time until the City Manager is on board informing the 10-12 persons Mr. Gaekle feels would be suitable. PLANNING, ENGINEERING ,FIRMS It was decided to schedule presentations with these various firms at the meeting of March 22, 15 minutes each. TREE PLANTING Cm. Burton reported that two trees would be planted in the Library grounds, one donated by the nursery, one by the school as previously noted. ADJOURNMENT There being no further business to come before the meeting it was adjourned to a meeting to be held at 9:00 a.m.. on March 12, 1982, 6500 Dublin Blvd., Rm. 218 to immediately recess to a closed meeting for personnelt~F~poses (City Manager interviews). APPROVED_/X~--M~ayor~// ATTEST ~~~ Ci ~yTer~-~ Regular Meeting - March 15, 1982 A regular meeting was held on Monday', March 15, 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. MINUTES APPROVAL Minutes of the regular meeting of March 1, 1982, having been delivered to all Councilmembers, on motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote were approved as submitted. CM-1-39 WRITTEN COMMUNICATIONS A communication was received from Chairman Jim Daugherty, Retail Trade Committee, Chamber of Commerce, concerning the growth of unauthorized street vendors operating in Dublin, especially on weekends, both on private and public property. It was suggested by Cm. Jeffery that the Committee be asked to subjmit some alternate suggestions to alleviate the problem so the Council can work on a solution. The City Attorney should also be requested to report as to the City's legal options, is there a way to develop a vendors permit, a fee, and which would have a name, address, possibly a phone number and some indication that the vendor had in fact paid his fee and had a valid permit to operate on public property. City Attorney Nave indicated the possibility of a zoning ordinance directed toward allowing this type of business, a business license re- quired if any, can be enacted. Mr. Nave will pursue this suggestion and report back. Also discussed was whether or not this type of permit could be limited to street vendors without also applYing to permanent businesses, the key may be "public property". The possibility may also exist that the County ordinance may address the problem and just needs to be enforced. Mr. Nave will also research this possibility and report back. A question was posed by a member of the audience re his business which he conducts on weekends, on private property wi th the owner's consent, would he be in violation. He has all permits he needs, he believes, does take care of his customers if they have complaints. He was told that if he had complied with all previous requirements, there should be no problem at this time. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote the following resolutions were passed' Resolution No. 14-82 RESOLUTION SELECTING BANK AND PROVIDING FOR AUTHORIZED SIGNATURES ON WARRANTS AND CHECKS Resolution No. 15-82 RESOLUTION AMENDING RESOLUTION 5-82 REGARDING RULES FOR THE CONDUCT OF MEETINGS (Second and Fourth Mondays) CM- 1-40 DAVONA DRIVE TRAFFIC - ORDINANCE RE STOP SIGNS AND WEIGHT LIMITS. A survey was to be conducted by .the County Road Department re§arding speed and traffic volume on Davona Drive. Also to submit a recommenda- tion as to where stop signs might be placed and the possibility of truck traffic being limited. Mr. Ray Burnham, County Road Department was present reporting that as a result of the stop sign warrant study none of the intersections would meet the warrant requirements, however, that the CHP does 'recommend a sign at this southerly leg of Wicklow Lane. The radar speed check indicated-that approximately 85% of the users were travelling at approximately 36 mi. per hour or less. Markings of "25" have been painted on the pavement in the vicinity of. Village Parkway and Alcosta Blvd. to alert the motorist of the 25 mph zone. Further, it was recommended that stop signs be installed as noted and the traffic continuously watched for a six month period, after which time if additional stop signs are warranted in the opinion of th'e CliP that such be done. An ordinance was also prepared for possible action by the Council. Mr. Larry Hendricks, resident of Davona Dr. reported that a child had been struck by a car near Lucania Dr. (on Davona Dr.) and was not injured badly fortunately. Mr. Hendricks also expressed concern that the traffic and speed surveys, taken at 1:10 p.m. ending at 3:25 p.m. and 9:15 a.m. and ending at 12:40 p.m. did not bear any relationship to the times when the traffic is really heavy, the commute traffic. Also, a..4-way stop sign has recently been placed on Alcosta and San Ramon Valley Blvd., which causes even more traffic congestion there as well as more traffic on Davona Dr. (it was determined that this area .is' in Contra Costa COunty and consequently was not known to Alameda County). Mr. Burnham also indicated that a 24 hr. traffic count found approx- imately 100/200 vehicles per hour, and the peak hours, 5:00 p.m. to 6:00 p.m. was 253 cars, therefore in his opinion, the survey is valid. Traffic is fairly well split in each direction on the days the count was taken. Cm.~ Burton expressed his concern with the street, which is a collector street and wider as a. result, yet it 9oes by a school and has no stop or way of slowing traffic. Ms. Herr'aras, indicated that 10 children have been struck at this inter- section in the past few years at this point on Davona Dr. Mr. Hendricksen suggested, upon being asked, that a stop at Lucania should be installed, at Wicklow (north) with also a "Caution" sign installed, and the school signs on the street be emphasized or repainted, and it was.agreed that both items would be looked into and probably installed. After some discussion it was decided to.adopt the proposed ordinance with the addition of a sign at Lucania St. together with the weight restrictions for Davona Dr., and on motion of Cm. Burton, s.econded by Cm. Hegarty, the ordinance was introduced and read by unanimous vote. CM-1-41 PROPOSED ORDINANCE - SALE OF FIREWORKS City At.torney Nave reported that an ordinance had been prepared regarding the regulation of the sale and use of fireWorks in Dublin. Mr. Nave also reported that he had consulted with other cities and with the prOposed ordinance draft suggested, and also with Ch. Phillips. Upon being asked, Chief Phillips, indicated that a permit from the State Fire Marshall is what they ask for in accepting applications, not a resale permit necessarily. If this ordinance requires 'such 'it will be investigated, also that the fee is now adequate. Concern was also expressed re if a drawing has to be conducted, with only four permits being issued, that permits could be issued to non-profit groups if the citizen of Dublin requirement-is challenged. Could it be controlled by fee, again this has not been decided at this time. Discussion was also held re.non-profit.organizations benefiting from the sale of-fireworks, who they are, how many involved; does the community benefit from the proposed sale, the issue is to allow or nOt to allow the sale of fireworks.. Some citizens. expressed the view of wanting a choice to have fireworks or not, feeling that accidents can occur with anything, supervision is the key. A motion was made by Cm. Burton, secOnded by Cm. Hegarty, to introduce and waive the first reading of an ordinance regulating the sale of fireworks, which received the following vote- Ayes' Cm. BUrton, Hegarty, Moffatt; Noes' Cm. Jeffery and Mayor Snyder. Since the motion was not unanimous the ordinance was read in full. A brief recess was called at this time, all Councilmembers were present when the meeting reconvened. ORDINANCE - SALES AND USE TAX IMPOSITION The ordinance is being reintroduced to reflect changes recommended by the State Board of Equalization re the 'irate of tax imposed. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote the ordinance imposing a sales and use tax to be administered by the State Board of Equalization and providing penalties for violations was introduced and the reading waived. DRDI NANCE - CITY MANAGER On motion of Cm. Jeffery, seconded by Cm. Burton, the reading of the ordinance was waived by unanimous vote. CM-1-42 On motion of Cm. Jeffery, Seconded by Cm. Moffatt, and by the following vote, the ordinance was adopted: ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF DUBLIN CREATING AND ESTABLISHING THE POSITION OF CITY MANAGER APPOINTMENT TO ALAMEDA CO. MOSQUITO ABATEMENT DISTRICT A request had been received for the appointment of a representative of the City to this District. No suggestions were made at this time, further information will be forthcoming re meeting schedules and place of meetings. Action will be taken later. APPOINTMENTS - PLANNING COMMISSION The Council briefly discussed the method of selection for Planning Commissioners, with several suggestions made and a final decision made to send to those applying a list of questions to answer, an application form, with all to be returned to the City offices by April 1. Out of the returned applications and questions, the Council will each select 5 persons, interview the top.8 selectiong from that number and select the final 5 Commissioners from that list. It was also suggested that on the meeting of the 26th of Apt.il, a brief interview period be held at 7 p.m. with the 8 choices and appoint- ments can then be made. MISCELLANEOUS Further information was asked by Cm. Jeffery re AB 1743, dealing with contracts with the County; Cm. Burton indicated his concern re the proposed sidewalk to be installed on the overpass on Foothill Blvd. by CALTRANS. Further information will also be obtained on this proposal; Mayor Snyder requested permission to proclaim the month of May as Deaf Awareness .W~ and permission was granted on motion of Cm, Jeffery, seconded .b_y~Cm. Burton a.n.,d by unani~mous vote. City Attorney Nave was requested to research an ordinance dealing with the sale of drug paraphernalia, in the City of Dublin. Concern was also expressed, generally., regarding the actions of the County Planning Commission, do we hear what the final actions are, where are appeals to those actions being processed, if any, and it was decided to request that the staff inform the City of these final actions. CM-1,43 DUBLIN MUNICIPAL ADVISORY COMMITTEE Mayor Snyder requested the Council's feeling re carrying on the Committee or should it be disbanded. After some discussion it was decided to indicate generally, that the organization had served the purpose for which it was formed, the members could either resign, become involved in current City affairs, or continue if they so des i re. ADJOURNMENT There being no further business to come before the Council the meeting recessed to a closed session at 10'40 p.m., thereafter lat~6500 Dublin recessed to a closed session on Monday, March 22, at 2:00 p.m. JBl'vd., Rm. 218 to discuss personnel matters, thereafter to an adjourned regular meeting to be ~ on Monday, March 22, 1982, at 7'30 p.mo ~ Mayor /~-- //- City~/?k~)~Fe , , , , Adjourned Reqular Meetinq - March 22, 1982 An adjourned regular meeting was called to order at 2:00 p.m. on Monday March 22, 1982, by Mayor Snyder at 6500 Dublin Blvd. Rm. 218, all Councilmembers were present. The meeting then recessed to a closed session to conduct discussion on personnel matters. At the close of the session, it was again recessed to an adjourne.~~egular mee/~g a~7:30 p.m. 4 May<fr ..~?- - . ATTEST(~~ - Ci~ Clerk CM-1-44 Adjourned Regular Meeting - March 22, 1982 An adjourned regular meeting was held on March 22, 1982, in the meeting room, Dublin Library, 7606 Amador Blvd. The meeting was called to order at 7:30 by Mayor Snyder. ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. MINUTES APPROVAL Minutes of the meetings of February 22 and 26, and March 8, 1982 having been delivered to all Councilmembers, on motion of Cm. Jeffery, seconded by Cm. Hegarty, were approved by unanimous vote. GIFT - FLOWERS The Valley Womens Club of Livermore presented a vase of satin roses, green and white, to the Council with their congratulations on Dublin's incorporation and withing the "luck of the Irish" on all future endeavors. Mayor Snyder requested the staff to send a letter of appreciation to the group. , , , , ORDINANCE - SALE OF FIREWORKS A motion was made by Cm. Hegarty, seconded by Cm. Burton to waive the reading passed by unanimous vote. A motion was made by Cm. Hegarty, seconded by Cm. Burton, to adopt the ordinance and the following discussion was held: Cm. Moffatt questioned whether or not if the Council failed to pass the ordinance would the County ordinance remain in effect; orr' co~l.d the City rescind the County ordinance in this situation. It was indicated that such could be done, possibly width an urgency ordinance. Cm. Moffatt further stated his view that this ordinance invol¥~es the safety and concern of Dublin citizens, they want local control, prohibition is not local control. Primarily it protects people, it gives the Fire Chief the right to oversee sales and to confiscate illegal fi'reworks, control is more important than prohibition of sales. Cm. Burton stated that the Historical Preservation Assn. has never sold fireworks as has been stated, he feels people should be able to celebrate in a safe and sane manner. Both sides of the issue are respected, those that want to celebrate, those who do not. Cm. Hegarty stated that fireworks are nothing new in the City, however many things are unsafe if handled carelessly, parents must act in a responsible manner and supervise children, a choice is desirable. The Mayor ascertained how many persons wished to speak on this subject and noted there were several, and many people in the room who may desire to speak during a discussion. Since the Council has scheduled, at set intervals, interviews with various firms it was suggested that this matter be continued to a later time. CM-1-45 On motion of Cm. Burton, seconded by Cm. Moffatt, further discussion on the proposed ordinance was tabled to March 29, 1982, at 7:30 p.m. in the Little Theatre, Dublin High School, motion passed by unanimous vote. ORDINANCE - ENACTING SALES AND USE TAX On motion of Cm. Burton, seconded by Cm. Moffatt, the Council voted unanimously to waive the reading of the ordinance. On motion of Cm. Burton, seconded by Cm. Jeffery, the Council voted unanimously to adopt the following ordinance' ORDINANCE NO. 8 AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS APPROVE AGREEMENT FOR ADMINISTRATION OF SALES AND USE TAX On motion of Cm. Jeffery, seconded by Cm. Burton, the Council voted unanimously to approve, and the Mayor to execute on the City's behalf, the agreement for administration of local sales and use taxes. TRAFFIC REGULATIONS (Davona Dr. - Weight Limits) On motion of Cm. Moffatt, seconded by Cm. Burton, the Council voted unanimously to waive the reading of the proposed ordinance. On motion of Cm. Hegarty, seconded by Cm. Moffatt, the Council voted unanimously to adopt the ordinance as follows- ORDINANCE NO. 9 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING TRAFFIC REGULATIONS (Davons Dr., Lucania and Wicklow Sts., Weight Limitations, Davona Dr., Bandon Dr.) The Council then proceeded to hear presentatio, ns from the following consulting firms re Planning, Engineering and Public Works services' Santina & Thompson, Inc. William Spangle & Associates, Inc. Marti n-Carpenter Associates Roy Jorgensen Associates, Inc. CM-1-46 Creegan - D'~Angel o McCandless, Boone & Cook Wm. Black & Associates KCA Engineers, Inc. - Krines & Drines PMI-Preventative Maintenance, Inc. TJKM Traffic Engineering ADJOURNMENT There being no further business to come before the Council the meeting adjourned to Monday, March 29, 1982, in the Little Theatre, Dublin High School at 7'30 p.m. Approved ~~~ Attest ~~.~ ~' Adjourned Regular Meeting.- March 29, 1982 An adjourned regular meeting, was held on March 29., 1982, in the Little Theatre, Dublin High School, 8151 Village Parkway. The meeting was called to order at 7'50 p.m. by Mayor Snyder. PRESENT' Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. MINUTES APPROVAL Minutes of the regular meeting of March 15, 1982, on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote were approved as submitted. ORAL COMMUNICATIONS Mr. Bob Stein expressed an oral objection to stop signs which require stop/ start driving, wasting gasoline, a better method of control would be to enforce the speed limits. Mayor Snyder explained the concern of the residents of Davona Dr. was speeding at all times of the day. Mr. Stein's concern was that everyone who travels the streets has to pay the penalty of many stop signs. APPEAL - SIGN An appeal has been submitted by Cal-Neon re a sign installed, whiCh has now had approval withdrawn because approval was mistakenly given. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the matter was set for hearing on April 26, at 8:00 p.m. CM- 1-47 PROPOSED ORDINANCE SALE - FIREWORKS On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the matter of adoption of the proposed ordinance regulating sale of fireworks, was taken from the table (motion to adopt the ordinance had been made and seconded at the meeting of March 22nd). The Mayor then invited those present to comment on the proposed ordinance as follows- Ms. Henderson: Expressed concern re monies going to "Dublin charities", finding that history does not bear this out, permits were issued to others who are not Dublin residents, or Dublin organizations or churches. Stands take money out of the community, charities do not garner nearly the profit that the fireworks firms do. Proximity of safe and sane fireworks attract sellers of the illegal variety. Chance of injury, as well as fire danger to hills now very dry in the summer. Other tri-valley cities have banned the sale of fireworks, including Castro Valley and San Leandro, so that those citizens come to Dublin to purchase fireworks. Now we have control, let us use it to ban sales of fireworks. Dave Cook: Against the sale, many people want to raise money, can't compete here, feel there are other ways to raise money, only the fire- works companies benefit from sales; the problem is also great in the schools, both junior and senior high schools. Dick Stein: Feel in favor of safe and sane fi reworks Sales, the statement that safe and sane fireworks attract the illegal type of fireworks is not true, each are purchased by very different groups. Sparklers, noise makers, are mom and dad type sales. Know that firecrackers are a problem in the junior and senior high schools, this is different. Shown that if ban sales, doesn't keep the others out anyway. If banned in this County, people go to other counties or areas. Rich Metzner: A ban should not be enacted regarding anyting which is legally for sale strictly because it is thought they are doing some persons a favor. Free choice is a right,~'.~'i~ ~. if you don't like it don't buy it, always have a choice to purchase what you want to buy. Bans have never solved anything in the history of this country. Understanding and community involvement solve problems, it is a parent's duty to supervise their children. Other towns and cities should not dictate Dublin's laws, an outright ban is not in the best interest of Dublin. A survey was also submitted which stated a total of 514 calls, with 189 for sale, 128 against. Cm. Jeffery: How were the questions phrased? Mr. Metzner answered that the question was posed - I am calling about the possible sale of safe and sane fi reworks in Dublin, we would like to have your opinion, how do you feel about safe and sane fireworks? CM 1-48 Eileen Henderson: Teenagers misuse, they kill innocent animals, sparklers are safe, yet holding too close can ignite hair. Would like to have a community fireworks display as had at the County Fair. Mary Jo Rajola: Presented a petition of 300 signatures of people who would like to see the selling and use of fireworks banned in Dublin. This is 18% of the persons voting for'the top Council canidate. This is an indication of what a significant number of citizens feel. Cm. Hegarty questioned where the names were solicited from, what area? Al Bell: Is for the sale, is concerned for children, do try to teach the hazards and the fun of fi reworks, banning won't work, but will drive the fireworks into the back yards and fields. Tom Cormack: Approve, the ordinance is good, should be enforced and any ban on dangerous fireworks shoul~d be enforced. Feel that the 4th of July i~s good to celebrate, part 'of our ~heritage, the neighbor- hood has a good time, an expression of neighborhood feeling. Danny Brennan: People should buy if they want to, don't buy if not. It was explained at this time that the petition submitted was gathered from all parts of Dublin, a good part of the community, not just one area. Person not identified: Expressed concern re fireworks in other yards which border hers, leaves her no freedom of choice. They can spill over into her yard, injuring her children, what recourse does she have. Herb Bettencourt: Collected 100 signatures, could have. collected many more. Most of the people in Dublin expressed, that they did not want their houses (older people) at risk'by either safe.and sane or any other fireworks. Only I in 15 wanted fireworks, don't see how can the ban be enforced, how can distinguish between safe and sane and illegal fi reworks. Mr. Hove, representing Firetronics Corporation, indicated in answer to a question that in those communities which allow safe and sane fireworks most people tend to be law abiding in his experience. There are 300 communities involved in safe and sane sales. In Los Angeles County a survey showed that 93% of the fires were caused by illegal fireworks. Safe and sane fireworks do not explode, if a product is made and can be sold, it is believed that people will purchase it. Illegal fi reworks have been illegal for years, banning does not work. Cm. Jeffery asked if most people understood the difference between safe and sane and illegal, some people have been talking about displays, are those illegal? Yes', those displays are illegal fireworks (or dangerous), and are only used under very strict permit and by persons who are professional~-in the field. CM-1-49 Person not identified: Indicated this is a small City, do not have fire stations all over, have not a patrolman all over, not able. to handle all calls. Gail Shaheen: If the City allows safe and sane sales, and an accident occurs from use of these fireworks, who is responsible? The City Attorney responded that it would depend on the facts of each individual case. Mike Rogers: Safe and sane fireworks are still a hazard, and they can be used by children without their parents supervision. Under.age kids wait for older friends near the sales stand and give them money to purchase fireworks, then use them unsupervised. Don't want loud noises exploding under bikes when riding, it is not in the City's best interest to allow sales of safe and sane fireworks. Richard McClintock asked a question re the amount of stands allowed, and the selection process used. Mayor Snyder explained it is 1 booth for every 3000 residents in Dublin, recipients must be non- profit organizations,'obtaintax exempt status from the State Franchise Tax Board, and must have 20 members, an organization that is established within the City for a minimum of one year. Marie Cronin: Feel should allow neighborhoods to celebrate, safe and sane fireworks have not been the cause of fires. Bob Stein: Came with no preconceived ideas, however, now feel that a ban might not be in the City's best interest. Sherry Brandon: Like fireworks on the 4th of July, it is a tradition, but feel that 18 years and older should be the requirement. Dave Kronn, Tri-Valley Hockey Club: Gain most of funds from sales of fireworks, see nothing wrong with sale of safe and sane fireworks. A question was asked re the difference between safe and sane and illegal fi reworks, and the answer was that if it left the ground it was illegal. Also, what percentage of the money stays in Dublin; basically, 50% to the organization, 50% to the company on counter items; on assortments (b.oxed~) the ratio is 46% to the organization, 54% to the company. Mr. Kudak: Fireworks can be sold in Castro Valley in spite of a statement to the contrary earlier, can't have a cop car everywhere, the situation will be there in any case. A question re permit selection was answered by Chief Phillips, if more applications are received than allowed, a drawing will take place to choose the permits issued as outline in the ordinance. The Mayor then closed the public participation and opened the discussion to the Council. CM-1-50 Cm. Moffatt discussed SB 999 which is now in the legislature, passed the Senate to the Assembly, may preempt our action since it affects any general law City, County (the bill may or may not have been passed). Cm. Jeffery asked re the $100 fee for processing, does it cover the possible fire cost, Chief Phillips responded that the fee was calculated to only cover the administration fee. Costs for suppression could not be calculated in advance. Chief Phillips also indicated that information from the State Fire Marshal's office is that the bill (~SB 999) will not pass, the votes are not~ there. Cm. Jeffery restated her opposition to the ~rdinance, stressing that the sale of fireworks as fundraisers may be good, but not in her community, it is not healthy for children, not in the name of helping children. It was stated that different buyers for safe and sane fireworks keeps out the other fireworks, but in essence we are condoning fireworks, feel a problem with that. Cm. Hegarty explained that he had listened this evening, have taken it seriously, thought about the matter the past week and one half. Things are dangerous, shake roofs, wood burning stoves, can't ban all dangerous things; wish we never had fires here, have not bought any fireworks, but don't wish to take that away from others if they wish to do so. If a law is made, it must be enforced. If we ban sale, they will be used anyway, if could be assured could keep fireworks out, would change, but it is not possible. There are unincorporated areas near Livermore, outside the City limits, where fireworks are sold. Cm. Burton stated he does have a difficulty with this matter, it is close to many people's heart, have tried to be objective in knowing what to do in selling safe and sane fireworks, what effect on fires and injuries. Cm. Burton listed the fires experienced by Livermore (with a ban) to be from 2 in 1978 to 13 in 1981; Pleasanton also banning sales, with approximately the same result, and with Dublin having had no loss. Have been fires from illegal fireworks, with some loss but not excessiv, e. Some burns were caused by safe and sane fireworks, more by dangerous fireworks. In the final analysis, it seems that a ban .increases fires, and use of concealed fireworks, it does not reduce injuries either. Mayor Snyder indicated that New York State banned fireworks sales 50 years ago, and that he comes from a state that banned sales in 1936 after a very tragic fire which leveled a community. This action we are deliberating tonight is much the same as that which caused those bans. It is also felt that the federal or state governments have no right to deliberate this issue, it should be an individual community's right to decide. Also expressed was gratitude for the submission of petitions, both for and against the issue. The ordinance content is · poor, the timing also poor, needing a decision at this time when many organizations need more time to find alternate methods of financing. This area will become the prime supplier of fireworks in the valley if the ordinance is passed. We must consider that many things are CM-1-51 dangerous, legislation does not necessarily take that factor away, legislation on that basis might be dangerous as well. Some discussion was then held on the ordinance content: Section 6 (b) should read: Each organization must have its principal and permanent meeting place in the City limits, and must maintain a bona fide membership of at least 20 members. Concern was expressed re storage, however, the matter was resolved upon determining that all materials are removed from the stands at night and taken to a central distribution place, this matter is governed by a separate regulation. Section 11 - is a permit for sales tax required prior to obtaining a permit, the answer was yes, must be submitted with the application. Cm. Burton: Discussion was held re raising the age limit for sales to 18 years of age, and moved to do so, seconded by~ Cm. Hegarty. It was explained that this provision had to be introduced as an amendment, therefore the motion was withdrawn. A second motion was made by Cm. Jeffery, seconded by Cm. Snyder, to have an ordinance prepared to set the age at 18, received the following vote: Ayes: Cm. Jeffery and Mayor Snyder; Noes: Cm. Burton, Hegarty and Moffatt; Absent: None and failed to pass. The Mayor then called for a vote on adoption of the ordinance which then received the following vote- Ayes' Cm. Burton, Hegarty and Moffatt; Noes- Cm. Jeffery and Mayor Snyder; Absent' None. ORDINANCE NO. 10 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE SALE AND USE OF FIREWORKS Letters were also submitted re this issue from the following: Joseph L. Mahoney III in opposition; Edgar Mendelsohn, Squirt A. Ice Hockey team and Tri Valley Minor Hockey Association in favor of the ordinance. A brief recess was called, all Councilmembers were present when the meeting reconvened.. APPOINTMENT - Mosqui to Abatement Dis tri ct Mr. Herbert Bettencourt indicated his interest in being appointed as the City's representative on this District Board, and on motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, Mr. Bettencourt was appointed. The staff was instructed to so inform the District. CM-1-52 SOCIAL SERVICES AGENCY Paratransit Services A presentation was made by the Agency Planner, Bruce Kern re paratransit services for the City, outlining basically three options: Option 1) The City file the TDA 4.5 Claim for fiscal year 82/83, maintaining the present subcontract with Contra Costa Co.; Option 2) The County file the claim for the Dublin area for fiscal year 82/83 at a reduced level of service commensurate with the $12,003 allocation. The City would become the claimant for the 83/84 year and thereafter; Option 3) The County' would file the Claim for the Dublin area at the current level of service operation for the first quarter of fiscal year 82/83 with the commitment that Dublin would evaluate the revenue shortfall ($9,212) as a policy 'matter for fund.ing when the City budget i.s adopted. If either the City or MTC is unable to supplement the present TDA allocation., services would be reduced during the remaining 9 months of the contract as proposed by the transit operator. The City would become the claimant for fiscal year 83/84 and thereafter. Discussion was held regarding the options presented, fares as now charged, the fact that DSRSD had not wished or could not provide the service, and the San Ramon Community Center, together with Contra Costa County has combined the allocation to provide the service presently (under contract with Alameda County). With Dublin's incorporation, the City is now eligible as a TDA claimant for fiscal 82/83, in an amount of approximately $21,000. Fares may have to be increased, and the $9,212 mentioned would maintain in the current level of service, with the allocation of TDA monies. The City will be further considering this matter at the time a budget is formulated. Questions were posed regarding the type of service now being afforded, and the possibility of reduction of services .if funds do not become available. The urgency at this point is that the County Board .of Supervisors wished to advise the City that the program could be extended one more year, with a transition later i'f desired; it was felt important that the service not be disrupted. In answer to a question re Contra Costa County, Mr. Kern indicated that they have a substantial reserve of TDA funds they can draw from to continue the service, Alameda County does not have that option. Funds are a portion of sales tax revenues, paratransit services are a part of that program. At the conclusion of discussion, a motion was made by Cm. Burton, seconded by Cm. Jeffery, to adopt Option No. 3, motion passed by unanimous vote. URGENCY ORDINANCE PLANNING COMMISSION APPEAL PROCEDURE This procedure ensures that appeals are processed in an orderly manner, any applicant has 10 days to submit an appeal from the decision of the Planning Director or Planning Commission, the matter is set for hearing ,by the Council, and proper notice given. CM-1-53 A motion by Cm. Jeffery, seconded by Cm. Hegarty, to waive the reading of the ordinance passed by unanimous vote. A motion by Cm. Jeffery, seconded by Cm. Hegarty, to adopt the ordinance received unanimous vote: ORDINANCE NO. 11 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A PROCEDURE FOR AN APPEAL OF ANY ACTION TAKEN BY THE PLANNING COMMISSION OR PLANNING DIRECTOR DISCUSSION RE VARIOUS ITEMS AS FOLLOWS Cm. Burton indicated that the Dublin welcome sign has become torn up, is leaning, needs to be refurbis~h'ed, also to possibly move it to another location on San Ramon Road. A group would like to do the work, and Cm. Burton questioned the Council as to their feeling on this matter. It was decided to delay any decision on this matter until further information is obtained re the site, sign ordinances, other permits necessary. Street banner signs. A request was made by Cm. Burton for installation of a banner cable which can be installed and used by many groups when an event is being planned. It was decided to wait until a specific request is made with more information included. TV Cable Franchise Committee. A committee has been formed by Livermore and Pleasanton to discuss with the franchise companies what communities want out of contracts. Cm. Burton will continue on the committee, with others from the community to be appointed. Vist to Dublin, Ireland. Some young people who are going to Dublin, Ireland to work on some facilities as a hospice for children in the war or orphans. It was suggested that the City Council may wish to send some token to the City of Dublin, Ireland with these young people. They also wish to paint numbers on the curbs here to raise funds for the trip. A decision will be made later when it is known the regulations re painting of signs on curbs. ADJOURNMENT There being no further business to come before the City Council the meeting adjourned ~t 11:15 p.m./ Approved Attest CM-1-54