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HomeMy WebLinkAbout04-1982 Adopted CC MinutesRegular Meeting - April 5, 1982 A regular meeting of the City Council, City of Dublin was held on April 5, 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, Hegarty, (seated just after roll call), Jeffery, Moffatt and Mayor Snyder. MINUTES APPROVAL Minutes of the adjourned regular meeting of March 22, 1982, having been delivered to all Councilmembers, on motion of Cm. Burton, Seconded by Cm. Jeffery, and by unanimous vote, were approved as submitted. ORAL COMMUNICATIONS Bob Stein, Peppertree Rd. expressed concern re a mud slide or wash over inter- section of Vomac Rd. and San Ramon Valley Rd. and a slippery condition which then results, also the same condition exists at Shannon and San Ramon Valley Rd. It was determined that the runoff comes from a new development in the area of Vomac Rd. Mayor Snyder indicated that it would be investigated to see who is responsible for this condition. WRITTEN COMMUNICATIONS (Sal es & Use Tax) An Acknowledgement of receipt of the City's agreement for administration of the sales and use tax ordinances and the collections resulting therefrom by the State Board of Equalization. The Board has further stated that because of the fact that the City's ordinance calls for a 1% tax this, in the opinion of the Board, constitutes a violation of the County ordinance and they will no longer be the administering~agency after July 1. Mr. Gaekle stated that the City Attorney disagrees with this view, and since the situation may lead to litigation a closed session is suggested to discuss the matter after the close of the meeting, and the Council agreed. HEARING - ABATEMENT OF STRUCTURES at 7360 San Ramon Rd. The Building Department, County of Alameda, has notified the Council that some of the structures located at 7360' San Ramon Rd. have been erected not in compliance with the building codes. The City Attorney reported that he had, in the company of Mr. Taugher of the County Building Department, visited the premises. It would appear that Mr. Nichandros, the owner, had taken a position over the last few years, of building without the necessity of permits, and non-conformance to the codes. In 1969 a structure was torn down as a result of Court action, and a fine paid, only to have the building re-built later, larger and also without a permit. Other structures have also been buil~t without permits on the premises. CM-1-55 Since Dublin is now a City the problem is passed on to us. The City can proceed as the County would have if it so wishes, since the ordi- nance violated is now a City ordinance. The last abatement order was to have been carried out by approXimately last July. The City Attorney indicates that the City may wish to await the formation of a City Planning Commission and/or Director, and determine at that time what action is to be taken. Or a civil action may be initiated by the City which, if successful, would require Mr. Nichandros to abate the buildings, with the costs possibly ordered paid by Mr. Nichandros. It was also explained that there is the matter of construction of a front- age road which was, at one time, proposed. This would have been very close to the front of the store, which was not approved by Mr. Nichandros. However, the County also did not install the road; also the Calaveras Fault was found to be located in the parking lot in front; building permits would now require further setbacks. It was indicated that Mr. Nichandros had tried to obtain permits, how- ever, the County continued to insist that the right-of-way in front be dedicated to the County resulting in the loss of parking lot area. He is interested in working out the problem so that his business can continue. A problem also is where the road is to be installed, if any road is ever installed. Mr. Nichandros asked a postponement until such time as a decision can be made regarding the whole issue of street, extension of any road. It was decided to wait the return of Mr. Taugher, County Building Official for a further explanation of the building requirements. Discussion was also held re a possible violation of safety measures in the building which .will be discussed also at the later time. CONSENT ITEMS On motion of cm. Jefferey, seconded by Cm. Moffatt, and by unanimous vote the following items were approved. Extension of contract with George Gaekle to April 30; set the mileage rate for use of private cars on City business at 21¢ pe~ mile; approve pr. oclamation for Professional Secretaries International as April 18-24. PUBLIC HEARING - Abandonment of portion Dublin Blvd. G. Nichandros A resolution of Intention to Vacate a portion of the right of way at Dublin Blvd. and Donlon Way was passed some time ago, setting the time for hearing of said proposal to be April 5. Mr. Ray Burnham, County Road Department explained the reasons for the proposed action which were part of the requirement of the Historical Society for the restoration of the property known as the Green Store and installation of a porch to comply with the restoration. An agreement had been worked out with Mr. Nichandros for removal of the present curbs, gutters and sidewalk, installation of curbS, gutters and sidewalk within the remaining street right-of-way, salvage of the guardrail and appurtenances for pick-up by the County. CM-1-56 A resolution has been prepared which outlines these provisions as well as the provision of a Quitclaim Deed upon completion of all requirements. It was decided to list, in the encroachment permit, the requirements re safety measures during construction of the porch, and to also list a time schedule for the work. The hearing was then opened, with Mr. G. Nichandros stating that as soon as 'the permit is issued the construction will be started and proceed with all speed. No other persons were heard from, and on motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote the following resolution was adopted: RESOLUTION NO. 17-82 VACATE UNNECESSARY PORTION OF DUBLIN BOULEVARD ADJACENT TO GREEN STORE, SUBJECT TO CERTAIN CONDITIONS: EXECUTE QUITCLAIM DEED UPON FUL- FILMENT OF CONDITIONS: RECORD RESOLUTION. APPOINT CITY MANAGER (Richard C. Ambrose) The Mayor'read the resolution of appointment and introduced Mr. Ambrose to the City Council and those present. Mr. Ambrose responded by expressing his pleasure to be in Dublin and is looking forward to working with the City Council and citizens of Dublin. RESOLUTION NO. 16-82 RESOLUTION OF APPOINTMENT - CITY MANAGER WALKWAY - 1-580 CALTRANS It is proposed by CALTRANS, with the participation of the City of Pleasanton, to construct a five foot wide sidewalk on the easterly side of San Ramon Road/Foothill Road, between Canyon Way and Dublin Blvd. The work will be within the State righ?of-way and serve the increasing pedestrian travel through the interchange to Stoneridge Shopping Center. No expense will accrue to the City of Dublin. Mr. Clarence Yee of CALTRANS was present to explain the project and to answer any question. Cm. Burton questioned the pedestrian crossing of high speed off-ramps, and Mr. Yee explained that it has been found safest to cross at a 900 angle rather than in the median strip.~ Also suggested was a fenced median for pedestrian travel, however this was not felt to be feasible .by CM-1-57 CALTRANS. It was also felt that if the condition of pedestrian travel exists, this project improves the present situation and lies within the State right- right-of-way. Also questioned was whether or not there would be striped areas and signs and ~.~r. Yee indicated that those matters would be installed, also handicapped ramps. The best situation would be to have a separate pedestrian crosswalk, but this is not possible, the proposed solution is the best available at this time. No action was taken by the Council and Mr. Yee waS thanked for his presentation. PRESENTATION RE POLICE SERVICES - EAST BAY REGIONAL PARK DISTRICT Ch. Larry Olsen, Chief of Public Safety for the Park District and Police Chief City. of Moraga. The Public Safety Department is responsible for police and fire services for the DiStrict, which covers Alameda and Contra Costa Counties, containing 40 parks. Recently the City of Moraga entered into an agreement with the District for police services. Ch. Olsen outlined for the Countil two proposals, .a partial contract (as in force in the City of Moraga) and a full contract which is proposed for Dublin, both of which are on file for more detailed persual. Also noted were the possible revenues which might accrue to the City. Ch. Olsen also outlined for the Council some community programs which might be afforded, i.e., Safety/Crime Commission, bicycle programs at schools, coachin'§~ of teams, Drug/Alcohol Abuse, Crime Prevention programs, Neighborhood Watch., vacation home checks., checks of the business/commercial areas, Dangerous Stranger Programs, Polic Explorer Post. The crime lab and other essential County services are still available to the City. There would be a 3 month startup, and 1 month orientation required (recruit/select officers, etc.). Also discussed~was the proposed contract time, Moraga has an open ended, 6 mo. notice option. Each person~ working as a police officer in Moraga has an individual contract with the City. It is felt to be very important that a police facility be established in Dublin, and this is included in the proposal, also all the phone and office amenaties are i-ncluded. Also, personnel can be substituted back and forth When the need arises with.a sharing type arrangement. The Park District also has other equipment which could be used, such as the helicopter. Ch. Olsen also presented a proposed organizational chart. In addition, Ch. Olsen mentioned that the District has been looking for a sub- station in Southern Alameda Co. other than that located presently in Castro Valley, so that the District could use an arrangement for substation in · Dublin, which would also provide some backup for Dublin. A question was asked re jail facilities, Santa Rita would be used in this case. Also the hiring of officers was discussed, recruitment, usual examinations, background check, medical exam, like persons living in Dublin with ties to the area. Goal and intent is to have a stable department. CM-1-58 Their computer can be programmed to include Dublin. Rotation of officers was discussed. It would be important to have officers familiar with Dublin, however rotation would depend on the type of contract involved, whether it be full service or partial service, with officers shared. Ch. Olsen concluded that in his opinion, having your own department is the best arrangement possible,' however, this is the closest to that goal and still realize cost savings. Anybody can come in and patrol the City, any car, any uniform can respond to calls, take crime reports, investigate traffic accidents, give tickets but one ingredient makes all the difference in the world to the success and effectiveness of the department is how close that agency is identified with the community, relates to and~is a part of the community. RECESS -After a brief recess the meeting reconvened with all Councilmembers present. AMENDMENT - ORDINANCE RE SALE OF FIREWORKS On motion of Cm. Burton, seconded by Cm. Hegarty, an ordiance was read and introduced which limits sale to "any person under the age of eighteen (18)" received the following vote: Ayes: Cm. Burton, Hegarty, Jeffery, Moffatt ~? and Mayor Snyder. REPORT - SLURRY SEAL STREETS A brief report was submitted regarding the County's plan for slurry sealing streets in Dublin for the balance of the fiscal year, or completed even if after the end of the fiscal year. Also of concern was what is the entire program cycle, what is left to be done in the future? Mr. Burnham responded that he would investigate and report back. REPORT - STREET VENDORS City Attorney Nave briefly outlined the definition of "unauthorized street vendors" which are those not possessing a permit issued by the Sheriff according to the COunty Code. Certain hours are set forth, and the areas which can be used for peddling. Also defined is the use of public streets, or other public areas, as opposed to private property, within commercial areas, if the proper permits have been obtained. It was decided, at this time, to enforce the current ordinance in particular on San Ramon Valley Blvd., and an in depth study conducted later. The Sheriff's Department is to be asked to enforce the permit provision in the City, and also the parking of vehicles on public property (street areas). DRUG PARAPHERNALIA SALES City Attorney Nave reported that various laws 'and ordinances have been adopted in this field, some still pending before higher courts, however most attempts CM-1-59 to completely ban the sale or display of drug paraphernalia have failed constitutional tests, so there is no legal precedent yet for an outright ban. Mr. Nave also outlined the abatement process, should an establish- ment violate the City's ordinance. The Council decided to take no action at this time. NATIONAL FLOOD INSURANCE PROGRAM Now that Dublin is a City, the participation in the National Flood Insurance program should continue through action by the City in passing a resolution and application submitted. On motion of Cm. Burton, seconded by Cm. Hegarty and by unanimous vote the following resolution was adopted: RESOLUTION NO. 18 RESOLUTION APPROVING NATIONAL FLOOD INSURANCE PROGRAM GAS & ELECTRIC FRANCHISES Pacific Gas & Electric Co. has applied for gas and electric franchises to the City. City Attorney Nave reports that both are in the form as prescribed, the only area open to negotiation is the duration of the franchises. It was suggested that an inquiry should be made as to the reasons for an indetermin- ate franchise as opposed to a determinate one. Mr. Terry Scott, representing PG&E, was present and indicated the undergrounding provisions which the company must fund each year. Also discussed was the amount of funds which might accrue to Dublin next year. Further information will be presented at the next regular meeting re this subject. REGISTER OF DEMANDS A question was posed re the documentation of the billing from the City Attorney. It is felt that each classification of billing should be more fully listed and broken down to category. Mr. Nave agreed that he wOuld do so in the future. On motion of Cm. Moffatt, seconded by Cm. Hegarty, the Council voted unani mously to approve the register dated April 5, 1982, Warrants No. 1001 thru 1015, totaling $20,331.97 were approved. MISCELLANEOUS REPORTS Mr. Gaekle reported that the zip code change is progressing; the new phone number was decided to be 829-4600; the Council will meet with Assemblyman Marguth on April 7, 1982, in the banquet room, Dublin Corral; Lenny Reyes Day proclaimed for April 24, 1982, on motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote. CM-1-60 APPOINTMENT - TV FRANCHISE NEGOTIATIONS - ACCESS Cm. Burton, on motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, was named as the City's representative for negotiation of contracts with the cable television industry, an entity to be able to receive funds for study and community access to the system. PROCLAMATION TO MAYOR OF DUBLIN, IRELAND Cm. Burton asked that a presentation be made by a group of young people who are going to Ireland to work this summer, called a "Hand in Hand" work team, also to be able to paint numbers on curbs as a project to raise funds for their trip. It was decided to inquire of the:-'County as to permits, and to send a proclamation 5y the Mayor of Dublin, Ireland on motion of Cm. Burton, seconded by Cm. Moffatt, by the following vote: Ayes; Cm. Burton, Hegarty., Moffatt and Mayor Snyder; Noes: Cm. Jeffery; Absent: none. ADJOURNMENT There being no further business to come before the meeting it adjourned to a closed sessl'9~to discuss possible litigation at 11'00 P.M. Mayor, / ~ ,~/' / City ~/erk ' - Regu!.ar Meeting -..April 26, 1982 A regular meeting of the City Council, City of Dublin was held on April 5, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:36 P.M. by Mayor Snyder. ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. MINUTES APPROVAL Minutes of the adjourned regular meeting of March 29 and the regular meeting of April 5, 1982, having been delivered to all Councilmembers, on motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote were approved as submitted. CM-1-61 ORAL COMMUNICATIONS Ms. Ann Henderson indicated she was present to negotiate a compromise on the recently adopted ordinance re sale of fireworks, feeling that the Council was not receptive to what the community wanted. A referendum campaign has been started with petitions circulated, requiring 10% of the si.gnatures of registered voters. The petition has been carried, and the required number of signatures has been obtained. Ms. Henderson indicated her understanding that the referendum, if filed, would require that the ordinance be cancelled or held in abeyance until an election could be held. Then the County law would be in effect until June 1. Because the County law is so close to the ordinance which has been adopted, the City could not adopt the County law (in Nr. Nave's opinion). It would then be up to the City to adopt State law which is much weaker than the law now on the books. It was not the petitioners desire to weaken the law but to strengthen it with a ban which they hoped to get thru a ballot choice. Also, if the referendum is filed, because of some time limitations in election codes, it would be necessary to have an expensive election just to answer this one question. It is too late to do anythin§ about the sale of fireworks in Dublin this year, so it would serve no purpose to have an election before November. Ms. Henderson then asked the Council to agree to place an advisory question on the November ballot, "should the City of Dublin ban the sale of all fireworks in the City limits, Yes or No". It should be as simple as possible and straightforward in order to get a feeling as to what the community feels. Ms. Henderson indicated she felt that the Council would be responsive to what the community would choose, she did not want to hurt the City, and would trust the Council to honor the negotiated compromise. She asked an indication from the Council if they would honor her request. Michael Nave, City Attorney, indicated that the Council could, as a matter of honor, place an advisory matter on the November ballot, or place the matter as an initiative. Cm. Hegarty stated his feeling that a clear indication of what the people want is desirable, he would like to know if the use, possession, and sale is to be banned. Ms. Henderson indicated that in talking to people She gathered that "sale" was at issue, a complete ban on use was too difficult to enforce. In this way, the Fire Marshall would be supported, as well as the position of the other cities in the valley who now ban sales, there would be no stands or signs. Discussion followed regarding the "sale" and/or "ban" of fireworks entirely, with concern expressed re safety of fireworks, did the persons circulating the petition circulate with the idea of "ban" or merely "sale". The~o~dinance'did address only sale of fireworks; this may be a part of the advisory discussed for November, two issues, ban and/or sale only. At the close of discussion, on motion of Cm. Jeffery, seconded by Cm. Moffatt, the Council Voted unanimously to place this matter on the November ballot, directing the City Attorney to meet with Ms. Henderson, no later than the end of June to work on language to prepare a resolution for the Council's per.usal and adoption. CM-1-62 APPOINTMENT - City Treasurer - Richard C. Ambrose The office of City Treasurer needs to be filled due to the pending appointment of a City Manager and Mr. Gaekle's leaving the City's employ. It is recommended that Richard Ambrose be appointed in the interims-width no extra compensation. The appointment as recommended was made on motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote. PROCLAMATIONS - Boston Marathon Two persons from Dublin, Mary Weaver and Dick Corcoran, participated in the Boston Marthon, and proclamations commending them were prepared. (Neither was present, the documents will be presented at the next meeting.) Hand In Hand Team Cm. Burton presented proclamations to the Hand In Hand Team, a group of young people who are going to Ireland this summer to participate in a work program to help restore and rebuild the Glencree Centre, which is dedicated to providing a refuge from violence. Those making the trip were Nancy Paige, Leonard West, Alex Smith, John and Paul Clary, and all were given a copy of the proclamation. These young people will be on a tour, will be singing in various places also, and must raise their own funds for making the trip. PUBLIC HEARING re Appeal, Sign Variance A variance appeal has been received from Cal-Neon (Kentucky Fried Chicken sign) located at 6797 Village Parkway, a freestanding sign for which permission was given, subsequently found to be given in error, and for which a variance was also subsequently denied. Thus the applicant is appealing to the City of Dublin and the public hearing is now open. Mr. Wm. Fraley, Alameda County Planning Director was present and outlined the history of the application, explained that this particular location has a "C-2-B-40" District designation which does not allow the erection of a sign in the area (30' front yard) and that the sign was errected in error. Only low profile, freestanding signs, are allowed in the B-40 District, the sign in question is larger that allowed. This particular zoning classification is applicable only in the area of Village Parkway and a portion of Dublin Blvd. The findings could not be made for allowing the freestanding sign in the 30 foot front yard, and the appeal was denied. CM-1-63 The City may grant the appeal, if the findings can be made to do so; make'the findings which the Zoning Admin~istrator did and deny the appeal; or to reconsider the position regarding the zoning in the area. It was also noted that a smaller lower sign, would require a variance to allow location in one of the planters to the side of the driveway. Mr. Jim McLey, Jr., representing the applicant and Cai-Neon, indicated that he ,had brought drawings and renderings of the sign to the County Planning and Building Departments and had been given a permit. When it was discovered that the sign was in error, an appeal was submitted and denied, at which time the appeal was submitted to the CitY. Mr. Keith Holmes, Division Manager for Kentucky Fried Chicken, explained that the building had been relocated to this area, and if they had been told that they would be allowed a smaller sign, such would have been build. However, they went ahead with the sign when permission was granted, they did not intend to make problems for themselves or the City or County, they feel they have done all possible to do in this case. In response to a question regarding lowering the sign, it was noted that the cost for doing so would be in the neighborhood of $800. In answer to a question re height of the sign, it is approximately 7 ft., if the sign were set back near the building it could be considerably higher. Mr. Roger Hamblin, District Manager, East Bay Division, stated that he felt the County had four opportunities to correct themselves, but failed to do so, because of the B-40 Zoning. It was his feeling that the sign, if lowered, would cause a traffic problem. In its present location the sign does not obstruct any other signs, and at its present height the traffic in and out of the restaurant can be seen easily. Mr. Fraley, in answer to a question, indicated that the permits were given to install the sign, also that the chart re sign regulations given to the applicant are those which apply in Dublin with the exception of the area along Village Parkway which is zoned B-40. The Council may wish to give consideration to changing the sign regulations in this area to conform to the balance of the Dublin area. Also in answer to a question, Mr. Fraley indicated that the County would never pick up the cost of moving the sign; the complaint re the sign was on the basis of others not allowed the same type of sign. This may be the subject of amortization plans for non-conforming signs. Cm. Jeffery indicated that there is no question that an error has been made, but asking to set a precedent to allow a variance in this case is not in the best interest of the City, do not feel should be granted. Bob Stein, speaking from the audience, questioned if a compromise could not be made to allow the sign, amortize the sign so that the cost of lowering is not a burden. After some further discussion on motion of Cm. Burton, seconded by Cm. Hegarty, the Council continued the public hearing until the meeting of May 24, 1982, at 8 p.m. by the following vote: Ayes: Cm. Burton, Hegarty, Moffatt and Mayor Snyder; Noes: Cm. Jeffery. CM-1-64 PLANNING COMMISSION APPOINTMENTS Mayor Snyder indicated that a list of 13 names had been established as possible appointments to the Planning Commission: John Alexander, Wayne Barnes, Herb Bettencourt, Fred Drena, Bruce King, James Kohnen, Eddie Jo Mack, Richard Mahan, Thomas Richards, Robert Stein, Nm. Tenery, Georgean Vonheeder, Ted WOy. The Council must now designate five members of the Planning Commission. The Council decided to use their listing as a ballot, checking five names, and a tabulation made. ' RECESS A brief recess was called, with the meeting reconvening with all Council members present. The tabulation re selection of Planning Commissioners having been completed the Mayor announced the results as follows: John Alexander, Tom Richards, Wm. Tenery, Georgean Vonheeder, Ted Woy. On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the above named persons were selected as Planning Commissioners. The Mayor also announced that an organizational meeting would be held next Monday, May 3, 1982, at 7:30 p.m., and in addition thanked all those who applied, this a most important group, the Council is most grateful to the members who will be working with the community. COMMENTS RE DRUG PROBLEM Mr. Leonard Bowe spoke to the Council re several items he had found in his home which led him to realize that there is a drug problem, a hash pouch, matches, and cigarette papers, roach clip (suture scissors) magazine (High Times) which has various order blanks for drug paraphernalia, phony ID cards, scale to measure smokeables, recipes for fudge, illegal stimulants, etc. Apparently this type of magazine is sold at the local 711, and when he asked the store not to sell this type of magazine when small children hang out there he was almost thrown out of the store. Mr. Bowe went on to detail his son's problems at school for marijuana use, his attendance at a seminar on drug use, and the inability to make his son desist from using drugs. Cigarette papers are available almost in every supermarket, with apparently no restrictions as to those purchasing. Mr. Bowe was asking the Council to make it difficult to purchase cigarette papers, or any other drug paraphernalia in Dublin. Mayor Snyder indicated that there had been discussion re this problem earlier at a Council meeting, and asked Mr. Nave to summarize the possible action which could be taken. Mr. Nave stated that there is some thought that this situation has been preempted by the State law, again it is not like the safe and sane fireworks situation, cities are allowed to "regulate" not "prohibit". The County of Sacramento has enacted a ban ordinance, it was upheld and not appealed. Pleasanton has started to enact an ordinance also. CM-1-65 Cm. Moffatt felt that intervention is the only effective program, there are programs which do intervention seminars, etc. The school personnel have not become involved in such a program, which in his opinion is the best way to proceed, the answer is intervention. Cm. Moffatt also expressed his opposition to the provision of "smoking areas" which are designated at schools. Cm. Jeffery also suggested that when a police agency is selected it may be well to ask for special emphasis on this type of program in the community. A citizen in the audience explained that he was Mr. Moffatt's replacement on the Drug Advisory Committee, and he stated that the reason Dublin had not been a part of the program was because they had not asked for it. Other areas of the County have the program, Dublin supposedly does not have a drug problem. Rich Metzner indicated that maybe the schools need to be contacted for advice to the Council as to what course to follow; another citizen indicated his belief that the 'problem should be tackled at the 4th and 5th grade levels. The staff was asked to obtain the report and copy of the ordinance which Pl easanton is about to act upon for the Council also the Sacramento ordinance. ORDINANCE AMENDMENT FIREWORKS SALES / On motion of Cm. Burton, seconded by Cm. Hegarty, the Council voted unanimously to adopt the proposed amendment which limits sales to persons over the age of 18 years as follows: ORDINANCE NO. 12 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. l0 REGULATING THE SALE AND USE OF FIREWORKS FRANCHISES - GAS AND ELECTRIC - PG&E It has been requested by Pacific Gas & Electric Co. that the City grant a gas and an electric franchise for an indeterminate term. Concern was expressed by the Council that a shorter term would be best for the City of Dublin. Mr. Terry Scott, representing PG&E Co. stated that the benefit to his company for an indeterminate term is lower rates, allows cheaper financing of public utility bonds which is reflected in reduced rates to the customer. It concerns the ability to sell bonds, bond buyers want to have franchises extend at least 5 years beyond the term of the bonds. Also discussed was the fee possible to be paid (approximately $75,000 per year) the possibility of wanting to withdraw from the franchise, is that possible, why a shorter term, how long a term is suggested, how many years? It was finally CM-1-66 decided to adopt the following resolutions with the word "indeterminate" removed and on motion of Em. Jeffery, seconded by Cm. Hegarty, and by unanimous vote the following resolutions were adopted: RESOLUTION NO. 19 RESOLUTION OF INTENTION TO GRANT ELECTRIC FRANCHISE RESOLUTION NO. 20 RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE REPORT - CITY ATTORNEY - Business Regulations Mr. Nave explained that the item should be deleted, an ordinance had been prepared for revenue raising purposes not regulations, and it was disCovered that Alameda County's ordinance, had not been adopted prior to Prop. 13 passage therefore we would be creating a special tax. This matter could be discussed at a later time. REPORTS FROM ~A~a~ COUNCILMEMBERS (Spring) milla Cm. Moffatt expressed concern re the-~amm~Spring, located at Dublin Blvd. and San Ramon Road, suggesting that the City take over the property which is being filled with debris. It is an historical location, set aside by Blackwell the former owner, for a small park-like area. Concern was expressed as to who actually owns the property, the water i~ polluted, it should be investi- gated as to what can be done in the future. (Pol ice Services) Cm. Moffatt also expressed concern re the police services for Dublin, if the County is selected it may be best to obtain an extension of-current services in the interim. Mr. Gaekle reported that the figures had been promised for this week, but had not been received. The County had been asked to-submit draft figures based on what was being provided now, then the City Council could make a decision. ACTEB/ACAP Repre senta t i ve Cm. Moffatt was designated as the City's representative to this Board. CM-1-67 ADJOURNMENT There being no further business to come before the meeting it was adjourned at 11:05. APPROVED C~"/Cl~rk Regular Meeting-. MaY 10, 1982 A regular meeting of the City Council, City of Dublin was held on May 10, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:35 p.m. by Mayor Snyder. ROLL CALL Present' Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. PROCLAMATIONS Boston Marathon Runners Two participants in the Boston Marathon, Mary Weaver and Dick Cochran, were presented with proclamations honoring them on their achievement and thanking them for representing Dublin in the event. Both expressed their appreciation and indicated their pride in participating in the marathon. It was most amazing how everyone reached out to the runners, it was most inspiring. ALAMEDA CO. LIBRARIAN Ginnie Cooper Ms. Cooper, County Librarian, explained their hope that now that Dublin is a City it will continue to have library services provided by the County, as is now the case in the District which is County wide. If Dublin wishes to continue services they should express that wish officially. Also, the City should appoint a representative to the Advisory Committee, which acts as an advisory body to the Librarian and to the Board of Supervisors. On motion of Cm. Burton, seconded by Cm. Jeffery, the Council voted unanimously to request preparation of a resolution to establish the procedures for continuing the County Library services, including a method indicated for increasing the services, there is to be a certain time, five years in length, but it can be reviewed any time prior to that period. CM 1-68