HomeMy WebLinkAbout08-13-1996 CC Adopted MinutesREGULAR MEETING - August 13, 1996
CLOSED SESSION
(640-30)
At 7:02 p.m., the City Council recessed to a closed session to discuss:
10.1 Conference with Legal Counsel ~ Anticipated Litigation ~ Initiation of litigation
pursuant to subdivision (c) of Government Code Section 54956.9 ~ One potential case
10.2 Conference with Legal Counsel ~ Anticipated Litigation ~ Significant exposure to
litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9. The
existing facts and circumstances are: Kenneth and Sherry Hill have suggested that it is
the City's responsibility to take actions to eliminate a sulfur odor which they allege
emanates from vents in front of their house.
REPORT OF CLOSED SESSION ACTION
No action was taken in the closed session.
A regular meeting of the Dublin City Council was held on Tuesday, August 13, 1996,
in the Council Chambers of the Dublin Civic Center. The meeting was called to order
at 7:48 p.m., by Mayor Houston.
ROLL CALL
PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston.
ABSENT: None
PLEDGE OF ALLEGIANCE
At MaYor Houston's request, Shaun Bakey, a member of Boy Scout Troop 922 lead the
Council, Staff and those present in the pledge of allegiance to the flag.
PROCLAMATION TO DUBLIN LITTLE LEAGUE
7:49 p.m. 3.1 ..(610~50)
Mayor Houston announced that the Dublin Little League team "White Sox" was unable
to attend the meeting tonight to accept their proclamation, so it will be presented at
the next meeting (September 3, 1996).
CITY' COUNCIL MINUTES
VOLUME 15
RE6ULAR MEET1N6
August 13~ 1996
PAGE 391
INTRODUCTION
7:50 p.m. 3.2 (810~10)
Administrative Assistant Honse introduced Desi Reno, with Livermore Dublin Disposal
who will be replacing General Manager Dan Borges, while he is on leave after the
recent loss of his wife. He has 17 years experience with waste management. He was
born in Dearborn, Michigan but raised in Modesto.
'Mr. Reno stated he appreciated being here in Dublin. He just loves this beautiful
corridor. He pointed out that he is not related to Janet Reno and LuCy is not his wife.
He stated Dan Borges is a valuable asset to the company and he is second to none.
Shannon Park Litter Pick Up (810-40)
Shaun Bakey Senior Patrol Leader for Boy Scout Troop 922 stated they would like to
adopt Shannon Park and clean up litter once a month as a community service project.
Mayor Houston suggested they work with the Parks & Community Services
Department and thanked them for choosing this as a project.
Cm. Barnes requested that this be put on the agenda and have it formally recognized
as this might spur others in the community to do this.
City_ Council Meeting Agendas (610~ 10)
Frank Ruskey stated he may be leaving town and wanted to say good-bye to some old
friends. He wanted to recognize the service that Cm. Moffatt has done for this City.
He said good-bye and good luck. This is one of the finest Councils and people don't
recognize the time and effort they put into the community. He will be gone and miss
the election.
AlSo, he stated he called the Library on July 23 and they said they did not have the
noticeof the Council meeting. In fact, they weren't even sure when the Council meets.
This situation should never occur. The only thing they could tell him was that they
weren't meeting in the Library conference room.
Cm. Moffatt stated he also was quite upset because at 1:00 p.m., on Monday he was in
the Library and they did not have this meeting notice posted.
City Clerk Kay Keck advised that Staff personally delivers a complete packet and
agenda to the Library on either Thursday night or Friday morning prior to each and
every Tuesday Council meeting.
CIT~ COUNCIL MINUTES
VOLUMK 15
RE(iULAR MEETIN~i
August 13, 199~
PAGE 3~2
Cm. Burton stated beginning in September the City Council will be meeting on the first
and third Tuesdays.
Joy Cadone, Alameda County Librarian and Dublin resident apologized and stated this
situation will be rectified tomorrow.
CONSENT CALENDAR
8:00 p.m.
On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Regular Meeting of July 23, 1
Accepted (4.2 150~70) a $64 gift from the Northern California Grantmakers for the
Junior Aquatic Water Safety Volunteer Program (JAWS); directed Staff to prepare a
formal acknowledgment to the donor; and approved the Budget Change Form;
Adopted (4.3 600~40)
RESOLUTION NO. 95 - 96
AUIHORIZING CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY
URBAN COUNTY HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME PROGRAM
Adopted (4.4 600~40/940~30)
RESOLUIION NO. 96 - 96
APPROVING A CONIRACI WIIH THE COUNTY OF ALAMEDA
FOR ADDIIIONAL LIBRARY SERVICES DURING FISCAL YEAR 1996-97
Received (4.5 580-40) an informational report regarding the Citizens Option for
Public Safety (COPS) Program;
Cm. Moffatt stated he had a question on Item 4. G and asked if this item related to the
transformer that we moved.
Mr. Ambrose responded yes, and this is a change order.
Adopted (4.6 600~30)
Cl*l~[ COUNCIL MINU*I*~
VOLUME 115
RE6UI~R MEETIIq6
August 13, 1996
PAGE 393
RESOLUTION NOo 97 - 96
APPROVING PG&E AGREEMENT FOR
DUBLIN BOULEVARD WIDENING PROJECT ($39,596)
Adopted (4.7 600-30)
RESOLUTION NO. 98 - 96
APPROVING AGREEMENT WITH WILLIAM CO]TON AND ASSOCIATES, INC.
FOR GEOTECHNICAL SERVICES RELATED TO
DOUGHERTY HILLS SLOPE REPAIR (NOT TO EXCEED $9,000)
Adopted (4.8 600-30)
RESOLUTION NO. 99 - 96
AWARDING CONTRACT 96-05A FOR
SHANNON COMMUNITY CENTER WINDOW REPLACEMENT
TO T~M GLASS, INC. ($~ ~,aoo)
Adopted (4.10 360-20)
RESOLUTION NO. 100 - 96
APPROVING PRELIMINARY ENGINEER'S REPORT FOR
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1
(SANTA RITA AREA)
and
RESOLUTION NO. 101 - 96
RESOLUTION OF INTENTION FOR
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1
(SANTA RITA AREA)
Authorized (4.12 350-20) Staff to distribute the Request for Proposal (RFP) for an
Automated Recreation Management System;
Approved (4.13 300~40)the Warrant Register in the amount of $1,308,752.17.
Mayor Houston pulled Item 4. 9 and advised that this is the flyover project people hear so
much about. ?leasanton will be hearing this tonight also and hopefully will approve their
share of the funding.
Mr. Thompson stated this is proposed to start construction in late 199 7.
CIT~ COUNCIL MINUTE~
VOLUME. 15
RE(IUI.~LR MEETIN(I
August 13, 1996
PAGE 394
On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the
Council adopted (4.9 600-50)
RESOLUTION NO. 102 - 96
APPROVING MODIFICATION TO THE FREEWAY AGREEMENTS
BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF DUBLIN
DATED OCTOBER 30, 1964, RELATING TO THAT PORTION OF
STATE HIGHWAY ROUTE 680 (FORMALLY KNOWN AS ROUTE 107) BETWEEN
THE SOUTH CITY LIMITS AND THE CONTRA COSTA COUNTY LINE
Cm. Burton pulled Item 4.11 and expressed concern because we are issuing a bid for over
$250,000 and a letter from Rafanelli & Nahas has been received offering to repair the area at
their cost of $24,000. He requested justification on why we are spending this amount of
money.
£on Nahas stated he wrote the letter and was present to ask that the City not approve letting
this contract. They are aware that the City will expect to collect this amount from them.
They have tried their best to be good corporate citizens and this will lead to litigation. This is
expensive, $35&000 and their bid for repairs to the failed portion of the slope is $24,000.
This is a difficult situation because of timing and technical issues involved Their soils
enginee~ Ed Pdnne with Kleinfelder came down from Sacramento for this meeting. They
were not aware that the City had prepared these studies until some time in June and then
became aware that the City was about to sue them. The statute doesn't actually expire until
sometime next year. This is a piece of land that theygave to the City for nothing as a
condiIion of theirproject. They have agreed to repair the slopes up there and they will do it
before Winter. For I$ years, they have always fulfilled their commitments to the City and
gone beyond They have consulted their attorneys in this matter. Everyone postures like
peacocks, but il is important to recognize that their attorney feels there are very slrong
arguments in their favor that Ibis could very well be paid for by citizens in this room and
other taxpayers. He feels they are doing everj~hing in their power to avoid this and to make
the City comfortable that they will live up to their obligations.
Ed gjnne, Principal Geotechnical Engineer with Kleinfelder stated he has been practicing 35
years and he is an East Bay native. He has been With Kleinfelder for the last 12years. He
has yet to encounter any kind of legal action with anyproject with which he has been
connected They have concluded that the site could be developed with a 3 to 1 cut in the
slope ridge with drainage as constructed He was particularly alerted that on these types of
cut slopes the very top fool or two tends to weather and you can get minor erosion and some
slumping. He referenced the grading report which the City approved. They have
investigated this and looked at the worse case before and found no incidences of landsliding.
He was informed by Ron Nahas in June that the City was contemplating a suit in this case.
Their conclusion is that these two surficial earthtTows are not endemic of any stability
problem on the slope. They urged the City Council to reconsider this and adopt Mr. Nahas'
proposaI.
Cm. Burton asked What he considered failed Did the dilch fail7
CIT~ COUNGIL MINUTES
VOLUME. 15
RE{iUI~R MEETINtl
August 13, 1996
PAGE 395
Mr. Fa'nne stated there were 3 areas'above the ditch and water came in and supersaturated a
foot or two. The failures were in the top one to three feet. They were not deep-seated
failures. The water tlowed down the hillside.
Cm. Moffatt asked if there is any kind cfa guarantee with what they are proposing. How
can you judge these things?
Mr. Fa'nne stated they would propose to excavate out the area that did fail and replace it.
This is a universally used technique and very common.
Cm. Moffatt asked if they do fix it and it does fail do theygo in and fix it again?
Mr. Fa'nne stated they will stand behind what they repair. They are professionals and
certainly back up their recommendations.
Mayor Houston said the original report said there will be slides so he asked if they expected
something like this in the future.
Mr. Ra'nne stated they saw similar things in a lot of other cases and it's something youjust
can't get away from in these types of clay soils. They dry out and get wet again and if there
is a lot of water that hits it you get surficial earth tlows. It took 9 years for this to occur.
They expected it. They will probably have to remove about 100 yards. There's an open area
that could be used as a staging area and they could use a front end loader. This is something
that could be done in a week or two; it's not a big deal.
Lothar de Temple~ 775G Crossridge Road, stated he wasn't expecting this tonight. The
various residences affected by this have spoken in the past. The residences on Crossridge
have listened to a string of experts about what's wrong on this hill. They Were told that the
people who did the soils analysis had the credentials to give an accurate analysis of the
situation. They were all led to believe that this would be a thorough fix and what couldn't
be done this year would be funded next year. He just listened to someone say this is no big
deal. He is now confused We have one expert pointing the finger at another expert. When
he bought his house $ years ago, nobody told him the mud would come down in his yard
The citizens affected by this credibility issue and who bought the homes in good faith
deserve a full report from the City on what theirposition is and we need to go through
another series of hearings if the City accepts this latest report. Most people thought this
issue was closed
Cm. Moffatt stated he asked the Berlogar people if they could guarantee how stable their fix
would be. Theygave the same answer that they would stand behind it. He felt that no
matter which direction we go, it is still an uncertain thing.
Mr. de Temple stated from a homeowners perspective when you go from a $258,000 repair
rca $34,000 repair and the experts say that's no big deal, you have a credibilityproblem.
They are now told all the repair will be above the ditch and none below. It raises the issue of
CITY~ COUNCIL MINUTES
VOLUME li~
RE~iULAR MEETIN(I
August 13, 1996
PAGE 396
are we going 'for the cheap fix, or do We really have a problem. He stated he understood Cm.
Moffatt's comment that nothing is lO0°/&
Janine McCune, 7750 Crossridge Road, stated their home is behind one of the no big deal
slopes and the slides have occurred more than once. She is very concerned about this quick
fix. Not only do they have the slide problem, but tho hill is not compacted according to the
grading ordinance. There are 3 7properties below the v-ditch. In addilion lo the slide areas,
there are otherproblems that need to be addressed. The grading didn't meet the grading
ordinance or the OBG whichever Was used at the time. This has been going on for over 3
years. They cut back on watering and their landscaping has suffered because the City
Council told them it was going to be ripped out. The City's property is affecting their lives.
She did noI understand this delay as they have provided all information possible to City Staff
~villard McCune stated in lislening to IonighI's proposal m~d he is affecled because his house
is right below the area, he's not keen on ha~qng all this rock above his house. The drainage
already in place is not suitable. These band-aid solulions are fine for what's going on right
noW, bul if there are future slides, this is not $oin$ to look good The full repair originally
proposed is the mosl effeclive Way to $o in the long term because iljusl sounds like a belier
idea.
Cm. Burton thanked those Who spoke. There is a responsibility on the part of the City
Council that when you have as much difference between expert opinions, this deserve
hearing. He asked what would be involved if we make arrangements with Pmfanelli ~
AIahas. WhaI's involved timewise and process?
Mr. Thompson stated he underslood they could get it done before the Winler. We have some
otherproblems With a small solution if in facI We have otherproblems. Even if we go With
the $250~000 repair, there could still be problems. They have a duty to not spend money if it
is not necessary. He apologized that it has taken so long to resolve this and the lengthy
process. He is concerned about the expectation from those not here that it had already been
decided He apologized to Mr. Nahas for being called in at such a lale time.
Mr. AIahas stated he did noI disagree with anything he had heard. He was to get a price to
fix slumps on August 15th. He got a call that they were having a hearing on this tonight.
They have been kept out of the entire process and now they are about to be sued. Lei them
go fix the problem that has occurred The otherproblem is not a failure, but something that
exists in the mind of another soils engineer. The people should be able to hear from the
person who designed this. The City could undertake other Solutions that would cost far less.
The process has been badly handled from both sides. They are prepared right now to fix the
failures that have occurred
EIsa de Temple stated she Was surprised that Mr. Nahas says he came in at the last minute.
She stated she heard the engineer say When they gmded this they expected that something
like this could happen.
CITY' COUNCIL MINU'IT~
~/OLUMi~ 15
RE~iULAR/,It~ETIN6
August 13~ 1 ~
PAGE 307
Mr. Nahas stated theyproduced a soils report and they stated they expected there would be
some superficial maintenance issues. The City accepted it, but he was present to say they
will fix it even though the City approved it. He is concerned that the City is expecting to
spend their money.
Ms. de Temple stated if they try to sell their house, they have to disclose this. With a quick
fix they have to disclose yes they had problems and yes there was a quick fix. They are the
ones who will take the loss of value on theirproperties. How many years will they come out
and do a quick fix?
Mayor Houston stated he felt it is a separate issue of who pays for what when and why. At
this point, this is not an acceptable alternative. The City needs to authorize the work to be
done. We are under a deadline and it has roger done. He would be in favor of awarding the
bid and stated he recognized that Mr. Nahas had been brought in late.
Cm. Moffatt indicated that the Nahas'have done everything in theirpower to try to rectify
this problem and hoped if this resolution goes through that there be a lot of discussion and
negotiation before anyone decides to cross attorneys. He hoped this could be talked out more
.rather than going to court. He would vote for this also, but indicated he hoped Ron Nahas
would not have to pay for the whole fix and be able to negotiate a part as mutually
agreeable.
Cm. Burton commented that Mr. Nahas has been a very staunch supporter of the City who
oonIributes re$ularly and he deserves to be recognized He sIaled he would go along with
this and would go along with Cm. Moffatt's suggestion.
On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the
Council adopted (4.11 600-30)
RE$OLUIION NO. 103 - 96
AWARDING CONTRACT 96-04
DOUGHERIY HILLS SLOPE REPAIR I0 GORDON N. BALL INC. ($258,300)
PUBLIC HEARING
A CREATIVE PLAYSCHOOL REQUEST FOR MODIFICATION TO CUP
8:50 p.m. 6.1 (450~50)
'Mayor Houston opened the public hearing.
Associate Planner Jeri Ram presented the Staff Report. A Creative Playschool has
requested modifications to their CUP which was approved in July of 1995 by the City
Council. Modifications requested would increase the maximum enrollment at the
Playschool from 20 to 30 children; permit the installation of two 1 1/2' x 2'
identification signs on the house and a vehicle sign on a car to be parked at the site;
permit children to play in the rear yard after 8:00 a.m., rather than 9:00 a.m., and
CIT~ COUNCIl. MINU'IT~
~OLUME ~ 5
RE[6UI~R MF.F. TIN6
August 1 S, 1996
PAGE 398
increase the number of children permitted in the rear yard at one time from 10 to 30
children.
Ms. Ram requested that the Council conduct a public hearing, deliberate and consider
the adoption of a Resolution either approving or denying the requested modifications.
Ralph Hughes Attorney stated he would like to defer to Ms. Zupetz and then allow
others to talk. He requested to be able to speak at the end.
Ms. Zupetz stated she has. been licensed by the State of CA, Department of Licenses
since November of 1995. The inside of her facility was approved for 30 children and
she requested that she be able to have 30 children. Most of her clients are Dublin
residents and they are very happy with her facility. She also requested that the
children be able to play outside at 8:00 a.m., instead of 9:00 a.m. It's not fair to the
children when they get there at 7:00 a.m.; and if it's a nice day; they should be able to
go out and play. She would also like. all the children to be out in the back yard
occasionally. She would like a sign for emergency purposes. A few seconds of calling
911 and them not being able to find her facility would be critical. Of the 21
conditions placed on her playschool, she is only asking for 4 modifications.
Laura Sandoval, 7585 Amador Valley Boulevard #9, stated her daughter Jordan was
one of the first students at the playschool. She is a single parent and finding affordable
daycare is extremely important. Telling a 6 year old that they can't play outside is
difficult for them to understand. Awarding them the signs would definitely be an asset
for the safety of the children. Traffic is not that bad because parents pick them up at
different times of the day. The facility is plenty big enough for 30 children.
Matthew Troiano, 6814 Amador Valley Boulevard stated he supported the CUP
changes for this center. It's important to have this at this location. They are good
neighbors and they deserve to have these changes made. They are an asset to the
neighborhood and they are real good people.
Donald Krekorian, 6842 Brighton Drive stated this was the third time he had appeared
to voice his opinion regarding this issue. Even though a year has passed, his position
has not changed. This intersection is a very congested area, and there have been a few
accidents on that corner. We need to protect the children in the neighborhood. The
issue of safety is another concern. A lot of people use the green curb lane to make left
hand turns and it is heavily congested in both morning and evening hours. With
regard to noise, you've got more traffic and more children playing there. He has 3
bedrooms along the side of his house which is adjacent to their back yard. If children
are allowed to play outside beginning at 8:00 a.m., this would be disruptive to his
household. He purchased his home in a residential neighborhood and if he had
wanted to be next to a school, he would have bought there. This house is a business.
CITY' COUNCIL MINUTES
VOLUME 15
RE(iULAR MEETIN(i
August 13, 1996
PAGE 399
It is not a residence. He discussed excerpts from the July 1995 approval minutes. He
requested that the City Council deny the request for modification.
Allan Owens, 6802 Amador Valley Boulevard stated this is a hassle for the
neighborhood to have to come down here time after time. He questioned the right of
their Attorney to give a final argument. He asked about procedural requirements.
Mayor Houston stated this had been past practice and there was nothing unusual
about the order. He asked Mr. OWens to please make any points he w/shed to make.
Mr. Owens stated this 'was the fourth time he has had to appear to protect the
residential nature of his neighborhood. The continuation notice was received by him 4
days before the last hearing. The first notice seemed to have been written in haste.
There are more efficient ways to go about it if the City Council is interested in
supporting daycare. Opposition at the last meeting was displayed in the Tri-Valley
Herald newspaper as being anti-child. Home equity is important to all of them. They
are not talking about the selfish few versus the warm and fuzzy many. What justifies
the extension of their request? Is there a shortage of daycare7 He presented a bar
graph article, from the local paper. No copy was given to the City Clerk for inclusion
in the record. RFD has been putting together statistics on childcare for 16 years. He
did not know if there is a comprehensive initiative in support of daycare. There are
better ways to demonstrate support of daycare than approving this request. The report
says the real need is for afterschool care in the age group $ to 10. Ongoing support
for pre-existing afterschool daycare programs and support of RFD that involves itself
with referrals should be considered. The City should have a phone number and could
demonstrate that the City is concerned about daycare. He would like to see the City
use a real professional group like .RFD and not support one daycare center here and
there. They should have a more comprehensive approach. There have been several
injury accidents since granting this permit last year. The playschool put up a sign in
their window in defiance to the City's order. He talked about traffic safety issues. 'The
owners have made some cosmetic improvements to the property. They've had
disrespect for the neighborhood. There are zoning laws separating residences from
businesses. He was sorry the Council had to be a lightning rod for all the dissatisfied
residents. It is quite a sight on the first day of school and he stated the Council was
welcome to come down and see this for themselves.
Joan Roth, 6777 Amador Valley Boulevard submitted a written statement which was
read by Mayor HouSton. 'l am very concerned about signs on the Day Care Center - l
do not think this is necessary and believe this will affect property values. A vehicle
sign on a car will certainly be an eye sore. Also, 20 children creates too much traffic -
I'm opposed to any more.'
'CITY' COUNCIL MINUTES
VOLUME 15
RE(IULAR MEETIN(I
August 13, 1996
PAGE 400
Angelina Fountain, 6980 Doreen Court stated she has lived in Dublin about 20 years.
She has used Brighton to go to work everyday for the last 20 years. She finds there is a
traffic problem. She objected to the center because of the traffic problem. When the
provisional approval was given, after about a month she decided she didn't want t°
fight this everyday. An alternate route adds 3 to 5 minutes to her commute time every
morning. She doesn't appreciate a business in a residential area. Her children by
preference were put in residential care as well as her grandchildren. She doesn't
approve of this in an R~ 1 zone. To find this in cases of emergency, we all have
addresses. She felt it was argumentative for the lawyer to be able to speak at the end.
Leonard DeStefano, 6825 Amador Valley Boulevard requested that he be able to
present a video showing individuals jaywalking and endangering themselves and their
children. Sometimes the voices of the adults are heard above the children's voices. As
far as calling 911, he felt our emergency services are very professional at locating an
address. A short video was shown.
Kenneth Wright, 7236 Newcastle Lane submitted a written statement which was read
by Mayor Houston. "I feel that the location of the home used by Creative Playschool is
in too busy a traffic corner to support $0 children and the vehicles used to transport
them. Also I feel that the noise factor would exceed the norm in this quiet area."
Vicky Duarte, 8776 Wicklow Court submitted a written statement which was read by
Mayor Houston. '7 am a current resedent (sic) o£Publin. My child has attended this
school since it has opened. I am a former pre-school & Kindergarden (sic) teacher and
I interviewed several schools before decich'~$ to put my child here. They have an
excellent curriculum and the teachers are very experienced, and qualified to handJe
$0 children at one school If licensin$ approves, I feel you should consider this too?
Mr. Thompson clarified that the accidents had nothing to do with the daycare center.
Mayor Houston explained that they are not doing anything different in allowing the
Applicant's representative to speak at the end.
Ralph Hughes, 7581 Brighton Drive stated he is proud to represent these people. They
readily acknowledge that the daycare center is a business and one that is important to
a community. It has been repeatedly found in the State to be an appropriate use of
property. He read someof the minutes of previous hearings. In all, there was
opposition. He has a park right across from his house and he sometimes wishes it
weren't there. He sometimes wishes Dublin High School wasn't a block away. We all
live in close proximity and there are advantages and disadvantages. Daycare in
neighborhoods has been encouraged as a matter of City policy. There is no favoritism.
The July 1995 meeting resulted in a certain amount of compromise. He stated he was
compelled to talk about traffic. What has been heard has been horror stories, but the
fact is there have been 2 accidents since July 1995 and neither had anything to do
CIT'ir COUNCIL MINUTES
]/OLUMt! 15
Rt!6ULAR MI~I~TIN6
August 13, 1996
PAGE 401
with this center. There have probably been 5,000 occurrences where parents drop off
or pick up children. The video showed one instance where a parent took a child
across the street. There was no traffic whatsoever. He has lived on Brighton Drive for
12 years. He goes through this intersection every single day. There are several
daycare centers in town. Most of them are larger and have signs. The conditions
placed on this center are clearly unusual when compared to other properties used for
daycare in town. He presented photos of two daycare centers in town. Most
businesses and residences do have house numbers; however, speaking from experience
he stated he felt anything an emergency assistance provider can be given is
advantageous. All they are asking for is a sign that is already in the guidelines of the
City's sign ordinance. The number of children being requested is a crucial aspect.
Licensing requirements is a state function. They have done this, and they've
determined that this house is suitable for 30 people. There has been absolutely no
negative impacts to the community since this application was approved. The issue
before the Council is what is in the best interest of the community. Sixteen of the 18
children at the daycare center live in Dublin. If there is no need, as shown by a
previous speaker on a graph, they won't get 30 children there anyway. When all is
considered, the hour of 8:00 a.m., is reasonable when you consider all that is going on
in the City at that hour.
Mr. Hughes stated he would end with a compromise. Looking out for the many and
not the few is very important. Property values may suffer or they may not. Doing the
right thing here relates to the community as a whole. There is an absolute need here.
This center is available primarily to residents in Dublin. Four additional neighbors
signed a statement supporting the daycare center.
Mayor Houston read the statement. "TO WHOM ITMA Y CONCER~: As regards to A
CRF, A TIVE PLA YSCHOOL~ located at G85 7 Amador Valley Boulevard, Dublin~ CA. We
live very close to the facility and have no problems with the facili& or its staff or
children. The facility is barely noticable (sic) to us and is much improved as to the
condition of the house one year ago. We do not have a problem with a small sign,
increase in the number of children allowed in the baclTard, or change in the hours
when children may begin plating in the back yard, nor the increase in the number of
children. Signed by BL Kelly G850 Amador Vly. Blvd. Dublin Matthew Troiano G$14
Amador Vly Blvd Dublin WI( Kuhn 88 75 Amador Valley Blvd, Dublin and F Torin
G$31Amador Valley Dublin."
10:00 p.m.
Mayor Houston closed the public hearing.
Cm. Burton congratulated all the Speakers. He stated the City Council made a promise
to the people who came last year and justified a compromise at that time. The Council
agreed to stand by what they approved. The facts still remain and he felt they should
stay with the promise. There was lots of discussion. There may be a time in the future
CITY' COUNCIL MINUTES
V~OLUME 15
RE6ULAR MEETIN6
August 1 $, 1996
PAGE 402
when this can be justified, but at this time he felt it should be turned down. He stated
he would support approval of the vehicle sign.
Mayor Houston discussed the fact that the number had not been approved by the state
when their approval was given last year. With regard to the promise, he pointed out
that with the issue an hour ago, something different was considered. He felt childcare
is needed in this community and did not feel there was anything unusual about this
request. There is a need in the City and he felt we should work with the School
District and RFD. He supports this request.
Cm. Barnes stated in talking about children's noise, she had her 5 grandchildren today.
A sign would be a good thing. She goes by this intersection many times a day. There
are traffic problems, but they are not the fault of this daycare center. She would like to
see both signs approved; one on the house and one on the car. With regard to the
number of children, she did not originally know that the house would accommodate
30 children. She stated she would like to see a limit however on the number of
children in the yard at any one time.
Mayor Houston commented on the two pictures of daycare centers. One sign is very
demure and one is huge.
Cm. Howard' pointed out that one center backs up to retail.
Cm. Barnes stated she did not think the Planning Commission had totally eliminated
signage at any other daycare facility.
Cm. Moffatt stated anyone can get a license to take care of up to 8 children. More
than that requires them to go before the Planning Commission. He has a problem with
having businesses in residential areas, particularly along Amador Valley Boulevard.
He could see a proliferation with signs going up and turning this into a commercial
area. There is an increase in noise and traffic. It degrades the ambiance of the
neighborhood and degrades the City's image of being a residential area and a good
place to bring up kids. He could go along with keeping the limit at 20 students. He
felt a sign on the car would be a good idea. He would vote against it except for the
signage.
Cm. Howard felt a sign on a car is a necessity and would go along with a sign on the
house as long as it blends in with the color of the house and is not obvious. She would
not support the kids playing outside before 9:00 a.m., and felt 20 is enough.
Cm. Burton made a motion which was seconded by Cm. Moffatt to deny the request
except to allow a car sign and a house sign for identification purposes only which
should be unobtrusive.
ClT~ COUNCIL MINUTF~
~/OLUME 15
RE6ULAR MF.~TIN6
August 13, 1996
PAGE 403
Cm. Barnes disagreed that a phone number should be included on the sign. This is
safety first.
Cm. Moffatt pointed out that the applicant indicated previously that word of mouth
was their way of advertising.
Cm. Burton stated 43 names were on the petition objecting to this.
Cm. Burton withdrew his former motion and Cm. Moffatt withdrew his second.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council
adopted the resolution included as Exhibit A with changes:
Page 2, paragraph 2 would read, "The maximum number of children present at the
day care facility at any one time shall not exceed 20 [PL]".
Page 3, paragraph 7 wOuld remain as written, "Children sounds shall be controlled so
as not to create a nuisance to the adjoining residential neighborhood. No outside
activities may take place before 9:00 a.m. [PL, PO]".
Page 3, paragraph 9 would read, "No more than 10 children shall be in the backyard
at one time. When children are in the backyard they shall be supervised by a Center
employee at all times."
Page 3, paragraph 16 would remain as is and read, "Signage shall be allowed on the
site consistent with Exhibit G to the Staff Report. Additionally, a vehicle sign shall be
permitted consistent with the City's Sign Ordinance. [PL]".
With the above changes, the Council adopted
RESOLUTION NO. 104 - 96
MODIFYING PA 95-017
A CREATIVE PLAYStgHOOL DAYCARE
CONDITIONAL USE PERMIT
AT 6837 AMADOR VALLEY BOULEVARD
Mayor Houston voted in opposition to the motion.
CI'I¥ COUNCIL IdlNUTF. S
VOLUME 15
Rt~{iULAR Mi~t~TIN!~i
August 13, 1996
PAGE 404
PUBLIC HEARING - ALAMEDA COUNTY PA 96~024
HAZARDOUS WASTE MANAGEMENT PLAN ZONING ORDINANCE AMENDMENT
10:19 p.m. '6.2 (850-70)
Mayor Houston opened the public hearing.
Community Development Director Peabody presented the Staff Report.
This is the second reading of a Zoning Ordinance Amendment which would adopt
definitions, standards and procedures to process conditional use permits for facilities
under the Alameda County Hazardous Waste Management Plan, adopt local siting
criteria consistent with the County Plan, and amend the M-1 (Light Industrial) and M-
2 (Heavy Industrial) zoning districts to allow the location of Small-Scale Transfer and
Storage Facilities and Industrial Transfer/Storage Facilities as conditional uses subject
to the procedures and siting criteria. The costs of processing the CUP will not be
covered by the $130 fee charged for a non-residential CUP. A deposit will be required
for environmental review, but may only be used for that purpose.
The project has been found to be categorically exempt under Section 15308 of the
State CEQA Guidelines which consist of actions taken by regulatory agencies, as
authorized by state or local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves
procedures for protection of the environment.
No testimony was entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Barnes and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 17 - 96
AMENDING CHAPIER 2 OF IIILE 8 OF THE DUBLIN ORDINANCE CODE
(ZONING ORDINANCE) TO ADOPT DEFINITIONS, ADOPT STANDARDS AND
PROCEDURES FOR PROCESSING CONDITIONAL USE PERMITS FOR FACILITIES
UNDER THE ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, AND
ADOPT LOCAL SITING CRITERIA CONSISTENT WITH THE COUNTY PLAN, AND
AMEND THE M-1 (LIGHT INDUSTRIAL) AND 15-2 (HEAVY INDUSTRIAL)
ZONING DISTRICTS TO ALLOW THE LOCATION OF SMALL-SCALE TRANSFER AND
STORAGE FACILIIIES AND OF INDUSTRIAL IRANSFER/SlORAGE/IREATMENI
FACILITIES AS CONDITIONAL USES SUBJECI TO THE
PROCEDURES AND $1IING CRITERIA
CIT~ COUNCIL MINUTF. S
RE[6UI~R MEETIN6
August 13, 1996
PAGE 405
RECESS
At 10:20 p.m., Mayor Houston called for a short recess.
present when the meeting reconvened.
PUBLIC HEARING
LOCAL REGULATION OF FIREARMS
10:28 p.m. 6.3 (585-80)
Mayor Houston opened the public hearing.
All Councilmembers were
City Attorney Silver presented the Staff Report.
The issue of firearms regulation Was discussed and continued at the June 25, 1996 City
Council meeting, with direction that the City Attorney clarify several issues/
definitions. In accordance with Council direction, an ordinance has been drafted
which would require a CUP for firearms sales in a residential district and which
would require all persons engaged in firearms sales to obtain a permit from the Chief
of Police. This ordinance must be considered by the Planning Commission prior to
Council action inasmuch as it would amend the Zoning Ordinance. 'The costs of
processing a CUP and issuing a permit would be covered by applicable fees. Staff
would return with a resolution establishing the fee if the Council'refers the draft
ordinance requiring a CUP to the Planning Commission.
A second ordinance has been drafted which would require persons selling firearms at
retail to obtain a permit from the Chief of Police. This ordinance could be introduced
following the public hearing in the form presented, or as modified by the Council
following its deliberation.
Mayor Houston asked about Lafayette's sample ordinance with regard to secured
storage. What they don't state is that this was one of 3 ways of complying. Any city
with 50,000 and over you had to comply with the language. This is one of 3 methods
that the state authorizes. They sort of cherry picked it when this is one of 3 methods
the state allows. It was cleaver the way they crafted it.
Ms. Silver stated this was correct. This is a very complicated issue.
Mayor Houston questioned the language of our home occupation permits. Amway
people receive merchandise as stock at their house. Once it has been sold, he
questioned if it is held as inventory. He would say it isn't, but rather it is sold product.
Cm. Barnes stated she has been an Avon lady in the past and you do receive the
merchandise.
CIT~r COUNCIL MINUTES
VOLUME 15
RE(IULAR MEETIN(I
August 13, 1996
PAGE 406
Cm. Burton stated on Page 4, Exhibit 3, Section A, he felt the word all should actually
be any. He read the regulations We should merely have the requirement of the state
which is already in existence; A B or C. The Police Chief could make appropriate
concessions.
Cm. Moffatt asked if he had previously unknown information to present relative to this
issue if he should bring it to their attention at this time or if it should be at the time the
public hearing is closed.
Ms. Silver stated the public hearing is for the Council to receive testimony from the
public. The City Council then deliberates.
Nancy Rivinius and Lee Rivinius submitted a written statement (with no address)
which was read into the record by Mayor Houston. "As a registered voters andDublin
residents for 38years, I wish to go on record as opposing any legislation that would
limit my constitutional right to purchase or own the firearm of my choice."
Jim Rivinius, 6855 Mansfield Avenue submitted a written statement which was read
into the record by Mayor Houston. 'I opose (sic) anything that would limit my right to
purchase or own a firearm weapon of my chose (sic)."
John Wagner, 8342 Mulberry Place stated his understanding was that at the end of the
year there will be only one person affected by this, Scot Marburger. If he has done
something wrong, prosecute him; otherwise, we are spinning our wheels here. We
don't license drugstores and yet he can go in and buy materials for bombs. We are
picking on one person and this is unfair.
Greg Summersett, 6933 Brighton Drive talked about his own experience. He has
gotten all the paperwork to get a FFL license. He spoke with Sgt. Gomes who told him
he couldn't sell them in the City. He already has the news that he can't do this in
Dublin° If this man is going to be the only dealer, you are violating his rights.
Brian E. Smith, 8686 Galindo Court stated he opposed all these restrictions. The UPS
trucks have been talked about a lot. A family next to him where at least half of them
are blind receive something virtually every day.
Randy Coates, 4849 Smith Gate Court, Pleasanton stated he deferred comments at this
time.
Scott Marburger, 7581 Frederiksen Lane distributed packets of information related to
· what he was going to speak about. When people found out he could work on firearms
and make them better, people started coming to him. He has a FFA license° He
received a letter from Alameda County stating they would no longer be performing the
service with regard to licensing. This has been referred to the City which really hasn't
CITY~ COUNCIL MINUTF~
I/OLUME 15
RE6ULAR MEETIN6
August 13, 1996
PAGE 407
decided how they will handle the process. This should be very carefully considered.
We should look at what is in place at the state and federal level. He was glad to hear
Mayor Houston bring up the issue of secured facility. He shared his concern and he
doesn't want to see his residence as the only one with steel bars. There's no
requirement in the ordinance the way it is written to issue a permit. It says the Police
Chief has the discretion to issue it or not. Another person may have bias not shown by
Chief Rose. There are no real clear cut guidelines. He has bent over backwards to
comply with all the regulations t° sell firearms in Dublin. There are no UPS deliveries
to his house. He has not tried to hide anything. He wants to do everything aboveboard
and make sure everyone is satisfied. His background is an open book. The checks are
in place to make sure that people who do this are going to abide with the law. He
doesn't want to do anything to jeopardize his day job at Sandia. His work with guns is
a labor of love which is not particularly profitable. The real issues are being addressed
and it is a safe process. He was concerned that this doesn't turn into a free for all and
put little guys like him out of business.
Cm. Moffatt stated he had the list from ATF and he understands he is a gunsmith who
makes and modifies weapons at his home. This is perfectly legal. He makes the
product and modifies the product and so this is legal under the City's regulations. His
desire is not to put any restrictions on him. Eight people hold licenses in Dublin and
those that are not commercial he felt should abide by the same regulations as Wayne's
Gun Shop. One person has a City business license but does not have a State license.
He is concerned about this. He relayed statistics put out by the Bureau of Alcohol and
Firearms.
Mr. Marburger stated if there is an irregularity, somebody should be investigating this.
The guidelines are clearly established. If they are being abused, the City should
investigate and prosecute these cases.
Cm. Moffatt stated this is why he is concerned. He is not in favor of an additional
Police permit.
Mr. Marburger stated his understanding is that the ATF doesn't make a distinction
between firearms dealers and a gunsmith.
Cm. Moffatt stated a gunsmith is in a different category. His only concern is to make
sure that the people who live in a neighborhood know that someone is selling guns.
This is for the safety of kids.
Mr. Marburger stated he doesn't openly advertise. He has a web site. He doesn't want
just anybody to do business with him. He's not in the business to make a lot of money.
He doesn't operate from his kitchen table; he has a workshop. He hates to see another
whole layer of bureaucracy added to this. His permit expires at the end of this month
which was issued by the Police Chief.
CITY' COUNCIL MINUTES
VOLUME 15
RE6UL~R MF_..~TIN6
August 13, 1996
PAGE 408
Cm. Moffatt stated he did not understand the big concern about having a CUP and
letting the neighborhood know. He stated he had no problems with what Mr.
Marburger was doing.
Forest Smith, 7423 Amador Valley Boulevard stated he did not know of any business in
the U. S. more heavily regulated with the possible exception of the medical profession.
There is a common misconception that it is illegal to own a machine gun. The NFA Act
of 1934 is commonly thought to ban machine guns but this is not true; it simply
requires a $200 transfer tax. California law does not ban machine guns either. This is
what can happen with legislation when you make it a permissive thing. ATF agenfs
themselves do not know the law. Violation is not a law, but rather their own
procedures and guidelines cause the problem. They define these. An internal audit
within the ATF was unable to account for 2,200 of their own guns. Unfunded
mandates were discussed. Why would the City want to take on the equivalent of an
unfunded mandate when everything being considered is already in state and/or
federal law? He urged the City Council to be smart and save its money and precious
resources and let the state do the work. They are already doing this very thoroughly.
Brian Anthony, 5537 Crestmont Avenue, Livermore, stated he is a customer of Scot's.
One of the reasons he chose Scot is his following the letter and spirit of the law. It
should be easy for the average citizen to know and follow the law. This ordinance will
make it very difficult for the individual to understand a third level of laws to comply
with.
Mr. Anthony-stated from July 1988 to January 1992, he was employed by the State of
South Carolina as a State Police Officer and a Forensic Chemist. He relies heavily on
Scot for his understanding of the law. He had training in South Carolina and he still
relies on Scot. People should be able to transfer legally. He provides a very important
service. In July he had the privilege of attending a Pleasanton City Council meeting
and during that meeting, Mayor Ben Tarver asked a question that intrigued him. He
asked if there were so many laws governing the purchase, storage and transportation
of firearms, where are all these illegal firearms coming from.'? He stated he reviewed
his records of the murder cases he worked on, and determined that 56% of the -
firearms were stolen from private sources. Because of his law enforcement experience,
he suggested that the Council use its resources to help our police department fight
firearms stolen from private Sources. This seems to be an excellent way to reduce the
supply of illegal firearms in our community. Banning junk guns makes for good
headlines, but it does little to make our community safer.
A1 Bolla, 11731 Corto Court was not present when his name was called to speak.
Jim Boricchio, 11732 Corto Court was not present when his name was called to speak.
CITY' COUNCIL MINUTES
VOLUME 15
RE(IUL~R MEETIN(i
August. 13~ 199~
PAGE 409
Gary Cain, 7423 Amador Valley Boulevard discussed leasing. There are two ways you
can rent a firearm; one is to a movie set. There is no provision for leasing. As far as
the FFL's for gunsmithing, there is a manufacturing license. A collector's license could
also be required.
Manfred Billic, 11707 Corto Court was not present when his name was called to
speak.
Randy Coates, 4849 Smith Gate Court, Pleasanton stated he would pass and did not
wish to speak.
Thea Perrino, 3012 Summitt Avenue, Oakland stated she works with the Injury
Prevention Program and reported that out of 14 cities in Alameda County 13 have
home dealers and 10 have either passed ordinances or are moving in that direction.
Dublin is moving in the direction that other cities are moving. Information was
'submitted to City Clerk, "Alameda County Firearm Facts". If Dublin is the only city
that doesn't go through with this, people from other cities will come in and Dublin
may become the mecca of gun sales and she wasn't sure this is what we want. She
advised that between 1991 and 1993, there were 606 homicide deaths and 3~845
hospitalized assaults in Alameda County. Six out of every 8 homicides involved a
firearm, and 3 out of every 10 assaults involved a firearm. Suicide and attempted
suicide rates are also significant. Guns are used in approximately 60% of all teenage
suicides. A gun in the home is 43 times more likely to kill a family member or friend
than it is to be used in self-defense.
Andres Soto, San Francisco General Hospital, stated he came from the field of public
health. They began examining the role and problems and clearly what they found was
firearms is the leading cause of death of children. It's more of a suicide problem and
nationwide more people die from suicide than homicide. We cannot just focus in on
the criminal use of firearms. When you look at the patterns from 1946 through 1982
you see a clear rise in the number of firearms homicides. This has continued to grow
with the increased number of firearms. About 70% of gun dealers nationally are
failing to comply with the law. Local government policing powers enable them to
prohibit residential gun dealers. It has only been recently that home dealers have had
to provide documentation from local government to comply with their laws. Local
government is now trying to exert the home rule concept. The NRA runs the store
when it comes to gun regulation. The proposed ordinance requires a CUP for
residential dealers. This is more appropriately applied to commercial dealers. The
City could grandfather the one use in, but it would have future protection. The state
will begin to follow up on local cities who do not have a local permit process. This
will be on a cost recovery fee basis based on the cost of enforcement. He submitted
materials from the Pacific Center for Violence Prevention. He suggested the City also
submit employees for background checks as well as the permit holder.
CITY' COUNCIL MINUTF~
VOLUME 15
RE6ULAR MF.~TIN6
August 13, 1996
PAGE 410
Bill DenHartog, representing the San Ramon NRA discussed the Zoning requirements
for Scot Marburger. He asked about the required distance from schools; how far does
he have to be from Frederiksen School?
Ms. Silver stated he was apparently looking at the City of Lafayette's ordinance. We
have nothing about this included in our ordinance.
Mr. DenHargog stated they like to skew the numbers by including up to age 25 as
children. The research they are throwing out comes from an anti-gun bias. Even
though gun sales have skyrocketed, accidents have remained the same or decreased.
He suggested we contact Dennis Anderson from ATF. He opposes the ordinance. If
there are dealers in town that are not in compliance, they should be investigated by the
Police Chief.
Eric Muetterties, 8151 Vomac Court, stated he just recently attended a barbecue put
on by the City. They moved here from Hayward to escape a dangerous area. They all
want a safe place to live. They are all for law enforcement and for obeying the law.
This ordinance will only restrict law abiding citizens. Mr. Soto spouted off a lot of
statistics. Dr. Surer in San Ramon has testified before Congress about gun use in
Contra Costa. County; 93% of handguns are not obtained from gun dealers. Why
shouldn't a gun owner be known to his neighbors the same as a gun dealer? This is
the next step. Only one city has enacted this. The reason is West Hollywood is being
sued. The City Attorney's firm receives $140 an hour. He would like to know a
breakdown of the costs involved on this issue. He visited the library and learned that
the City funds additional hours. We have had zero homicides in Dublin. Where are
our priorities? Mr. Soto doesn't even live here. People against this don't even live in
the City.
Chief Rose stated from a police perspective when Mr. Marburger's permit runs out, he
cannot issue a permit. Also, if we have gun dealers in the community right now, he
has no way of knowing this. We need some kind of a process. Mr. Marburger has his
'letter from the County, but not from the City. There are state and federal laws on the
books that regulate automatic weapons. Questions regarding issuance of permits for
home or commercial dealers could be addressed. Up until recently this same gun
dealer has gone through the Sheriff who rejected this and who turned to us. We don't
have a process in place and it seems only logical that it be with the home occupation
permit process.
Mayor Houston asked when the Sheriff stopped doing this.
Mr. Marburger stated it was at the start of June that he was informed that he should
forward his forms to the local police department.
Chief Rose stated the Sheriff of Alameda County is no longer the local authority.
CIT~ COUNCIL MINUTF~
VOLUME 15
RII6UL~R
August 13, 1996
PAGE 411
Mr. Marburger stated back in 1989 when he originally started this, he came to the
· City to know the procedure for obtaining a local permit. He agreed with Chief Rose
that guidelines need to be set.
Mr. Soto with Pacific Center for Violence Prevention stated it is his job to provide
statistics to communities throughout the state. The report written by Dr. Edward Suter
is known as a shield for the gun industry and he has a sordid past himself. This guy is
a very dangerous character. They have to use peer review for scientific literature.
Mayor Houston closed the public hearing.
Cm. Burton felt it had been difficult to keep things in perspective at this late hour.
How important is this to Dublin to keep track of a gun dealer in town. He was not
convinced it is necessary to have more control other than what the state provides. He
recognized the Chief's concerns. A gun dealer doesn't stock inventory, he is just
holding it for the 15 or 20 days. Are we really concerned that he meets the home
occupation guidelines? Does this conflict with our home occupation ordinance?
Ms. Silver deferred to Mr. Peabody who interprets the Zoning Ordinance on a case by
case basis to determine whether somebody can get a home occupation permit.
Mr. Peabody stated we do have control over this.
Mayor Houston felt we do have to have a license with the City since it can no longer be
obtained froTM the County.
Ms. Silver clarified the state law contained in Penal Code 12071. Dublin requires a
business license and 12071 states in what form the license can be. Currently the way
the City would deal would be to issue a business license and say valid for the retail sale
of firearms. The ordinance before the City Council would require more than that; it
would require a permit from the Police Chief. They don't have to enact the ordinance.
When this came to her attention and that of Paul Rankin's attention a little over a year
ago, she instructed that it be stamped on business license "valid for the retail sale of
firearms".
Mr. Ambrose stated the City Council could modify the zoning ordinance to clarify
exactly what they want to say. Business license applications are routed to the
appropriate departments.
Ms. Silver stated this ordinance is optional; it is not required.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council
agreed to move forward to adopt the ordinance to require a CUP in residential
districts. Cm. Burton' voted against the motion.
CITY* COUNCIL MINUTF. S
RE6UL~R MEETIN6
August 13, 1996
PAGE 412
Ms. Silver stated this ordinance would have to be referred to the Planning Commission
for their consideration.
Mayor Houston asked Cm. Moffatt if he would consider a grandfather clause.
Cm. Moffatt stated yes, he would allow this. The people who already have a City
license could be grandfathered in. He felt a problem was they are in violation of the
home occupation regulations. Cm. Moffatt stated people who have valid licenses can
be grandfathered in and exempt from the CUP process.
REGULATION OF JUNK GUNS
12:22 a.m. 7.1 (585-80)
City Attorney Silver presented the Staff Report.
At the July 9, 1996, Council meeting, in response to comments from the public, Cm.
Moffatt asked that Staff provide information regarding the regulation of junk guns or
Saturday Night Specials.
The City Attorney researched the question of the legality of a ban on the possession and
sale of junk guns or Saturday Night Specials. The conclusion was that a City ordinance
banning the possession or ownership of such guns would be preempted by state law,
thus precluding regulation by the. City, and that a City ordinance banning the sale of
such guns is probably also preempted by state law.
Staff surveyed cities in Alameda and Contra Costa Counties regarding their
consideration of a ban on the sale of Saturday Night Specials and the information was
attached to the Staff Report. An update was also provided.
A lawsuit has been filed challenging the legality of the City of West Hollywood's
ordinance which bans the sale of Saturday Night Specials. The City of West Hollywood
expects the trial court to decide the case within the next 4 to 5 months. An appeal,
which is likely, will take another year to 18 months. Because of the likelihood of a
lawsuit challenging local ordinances banning the sale of junk guns, the City Attorney
of San Pablo has prepared a Joint Exercise of Powers Agreement which would require
each city party thereto to contribute $5,000 toward the cost of defense of a legal
challenge to any of the cities' ordinances banning junk guns. The agreement would
become effective only if signed by 7 cities.
Livermore and Danville have introduced ordinance banning the sale of junk guns.
Cm. Moffatt stated he would like to table this ordinance indefinitely until either the
state picks it up or the County develops an ordinance.
CITY~ COUNCIL MINUTES
VOLUME 15
RE6ULAR MEETIN6
August 13, 1996
PAGE 413
Cm. Moffatt made a motion, which was seconded by Cm. Burton to table the issue.
At the request of Mayor Houston, Cm. Burton withdrew his second to the motion.
Cm. Howard seconded the mOtion to table the issue.
At the request of Mayor Houston, Cm. Howard withdrew her second.
Mayor Houston asked what the County has to do with this.
Cm. Moffatt stated he learned from Nancy Ortenblad that Alameda County Supervisor
Steele is considering an ordinance and he would like to wait and discuss it when this
ordinance comes out or when the state develops a law.
Mayor Houston stated the county has an ordinance and he felt this whole concept is
pre~empted by state law. We will be involved in suits if we go along with it. He
would like to wait until the West Hollywood issue is resolved then they could take
action, if appropriate. If we put this off until the lawsuit is settled, he would support
it.
On motion of Cm. Moffatt, seconded by Mayor Houston, and by unanimous vote, the
Council tabled the item until the court decides if the cities have jurisdiction or the
State develoPs a statute or rules that the City has jurisdiction.
REQUEST FROM MR. & MRS. HILL FOR AID
IN SOLUTION TO HYDROGEN SULFIDE ODOR ISSUE
12:30 a.m. 7,2 (1030~30)
Public Works Director Thompson presented the Staff Report and explained the
situation. The original subdivider graded the hillside area for development, and as
part of the grading, a series of subdrains were installed at the direction of the
developer's soils engineer. One of the subdrains subsequently collected water from an
underground spring which passes through a sulfur deposit. Hydrogen sulfide gas was
formed, and an odor began emanating from the subdrain where it connected to the
storm drain serving the tract's open space parcel.
The City was'the subject of a prior suit regarding the diminution of value of a property
just east of the open space parcel at which the odor emanates from the storm drain.
The City was found not to be responsible in the suit.
CITY' COUNCIL MiNIFF:ES
VOLUME 15
RE6ULAR MEETIN6
August 13, 1996
PAGE 414
Mr. Thompson stated it is Staffs belief that if the City agrees to aid in a solution (if in
fact, there is a solution), the City will then take on the responsibility for maintenance
of the system and any liability that might attach to the odor issue. Staff, therefore,
recommended that the City not participate in studies or physical attempts at resolving
the odor issue.
Mr. Thompson stated two letters were received today from the Hills. One was to abate
the odor and the other was to set up a meeting with the Mayor in attendance.
Sherry Hill stated Mr. Thompson's solution does not address the whole problem. She
read a statement which they requested be placed in the meeting minutes at a prior
meeting. The City owned storm drains have the smell. She requested that the City
delve further into the problem and not avoid the problem.
Mr. Thompson stated there is a smell coming from a couple of catch basins but this is
not where it is actually coming from.
Ms. Hill asked if the City has as-bUilt plans.
Mr. Thompson stated he has been there and seen it.
Ms. Hill asked if the City intends to do anything to abate the smell coming from the
City owned stormdrains.
Cm. Moffatt stated he felt the problem is where does the odor originate from?
Potentially it comes from the land owned by the homeowners association. Maybe they
would be interested in doing something about this. Maybe they could plug the vents
near their property°
Ms. Hill stated they already asked Mr. Thompson and he denied the request. She
doesn't know who owns the vents on her property. Since there are no as~builts, how
can we know where the odor originates from?
Cm. Moffatt stated he felt it comes from the spring.
Ms. Hill requested that they be given the same consideration as the homeowners
affected by the landslide.
cm. Moffatt referenced a legal issue several years ago when it was determined that the
City had no liability in this case.
Ms. Hill stated this was based on a private nuisance, but they allege this is a public
nuisance.
CITY~ COUNCIL MINUTF~
~OLUM{~ 15
RI~6ULAR M{~I~TIN6
August 13, 1996
PAGE 415
Mayor Houston asked if she had contacted the homeowners association and what their
response was.
Mr. Thompson stated the City has had no contact with the homeowners association.
They maintain the open space area.
Ms. Hill stated the fumes are so great she is concerned about the safety and
environmental hazards in the area. She requested that the City not consider this a
:private nuisance but rather a public nuisance. This has gone on since 198¢. With
regard to the release of the bond, she asked why it was released as part of the
settlement? The $900,000 bond took away all their negotiating power with the
developer. She asked if any of this was received by the City.
Mr. ThOmpson responded no, it was not.
Mso Silver stated it may not be appropriate to comment on why the bond was released.
There was a settlement agreement and that is the fact. It is inappropriate for Mr.
Thompson to explain why she advised her client the way she did.
Ms. Hill stated she felt there was conflicting information contained in the same
document. She requested that the Citygo back and sue the builder. They never
fulfilled their promise. She asked the City Council to please reconsider.
Mayor Houston asked if this issue' was disclosed to her prior to purchasing the home.
Ms. Hill responded that it was not. When it gets really hot or rains it is really bad.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the
Council denied the request for City participation in studies or physical attempts to
eliminate the odor.
Ms. Hill asked when she can schedule a meeting and when she can expect a response
to her letters today.
Mr. Ambrose stated the City Council has indicated its action.
Mayor Houston asked what she envisioned would happen at such a meeting.
The City Council has stated they would not consider this. Having another meeting
would not be appropriate.
Ken Hill referenced Cm. Burton's earlier Comments about promises and nothing has
happened on this. They have to smell this. He has a house that is worthless. He
requested that Cm, Moffatt come up and seal the vents and he will never be seen
CITY' COUNCIL MINUTES
~OLUMI~ 15
R~.6ULimiR M~.~.TIN6
August 13, 1996
PAGE 416
again. No one has taken the time to find out what's going on. Everyone just throws
their hands up and says let it smell. It's obvious no one cares. This has been going on
since 1986.
Cm. Moffatt stated the City Council has to rely on Staff's expertise.
Ms. Hill stated the homeowners association gave a copy of information related to a
filtration system to Mr. Thompson.
Mr. Hill stated if he could get a permit, he would fill it up. The City will not give him
such a permit.
Mr. ThOmpson stated he had not spoken with the homeowners association. The vent is
actually on the corner of the Hill's property. There's water running there all the time.
Ms. Hill requested that the City go back to First Interstate and make them fix the
problem.
Mayor Houston pointed out that the two situations are completely separate. He felt the
avenue they need to look at is with the homeowners association. They are at an
impasse situation. The City Council has taken a position.
Mr. Hill stated they were promised a face to face meeting with someone from the City.
He felt the City Council should give him time to discuss the issue as promised.
Cm. Moffatt stated he would be happy to meet with them as an individual. He gave
them his telephone number and stated he would be available after next week.
Mr. Hill stated he and his wife are at their wits end. They can't escape the smell.
TELEVISING OF CITY COUNCIL MEETINGS
12:56 a.m. 7.3 (1050-50)
Administrative Assistant House presented the Staff Report and stated the Fiscal Year
1996-97 budget allocates $8,910 for the purpose of televising 24 Council meetings
using cameras mounted on tripods. Should the Council decide to use remotely
operated cameras, the cost would be $10,950. Additionally, $5,000 would be required
as a one-time expenditure for permanent wiring, hardware and installation.
Mr. Honse discussed the advantages and disadvantages of both tripods and fixed
cameras.
ClT~ COUNCIL MINUTF~
VOLUME 15
R~UL~R M~TIN~
August. 13, 1996
PAGE 417
If the Council selects the tripod option, CTM can televise Council meetings beginning
with the September 3, 1996, meeting. Should the Council select the fixed camera
option, Staff will need to install camera support fixtures and permanent wiring. As a
result, the first meeting that could be televised with fixed cameras would be October 1,
1996; however, CTV has identified that they could begin televising on September 3
using tripods until fixed cameras can be installed.
John Wagner stated he used to work for ABC. One of the things we will have to think
about is camera angles. Back lighting also needs to be considered.
On motion of Mayor Houston, seconded by Cm. Howard, and by unanimous vote, the
Council authorized the City Manager to enter into an agreement with CTV to begin
televising City Council meetings on September 3, 1996, and instructed Staff to inform
CTV that tripods are being used on a trial basis to evaluate the quality of the results
and that fixed cameras may be considered in the future.
EASTERN DUBLIN COMPREHENSIVE STREAM RESTORATION PROGRAM
1:14 a.m. 8.1 (550~50)
Senior Planner Cirelli presented the Staff Report, and discussed the Planning
Commission approval, the City's role, Zone 7's role, EBRPD's role, Regulatory
Compliance, Tassajara Creek Lower Reach Implementation Plan for Ownership/
Maintenance/Operation, Creek Ownership and Management Responsibilities for the
Middle and Upper Reaches, Applicability of Stream Restoration Program, and
Landowner/Public Agency Comments.
In compliance with Action Program 6.F. of the Eastern Dublin Specific Plan and
Mitigation Measure 3.7/12.0 of the Eastern Dublin General Plan Amendment/Specific
Plan EIR, this comprehensive Stream Corridor Restoration Program for the Eastern
Dublin area has been prepared by the City.
Cm. Burton asked about the setback and felt 300' seemed to be a lot.
Ms. Cirelli explained the reasons for this recommendation. Consultants noted the
upper reaches of the creek are very unstable and 50' deep in places. The setback could
be reduced if certain hydrologic improvements are made to stabilize the creek. The
landowners who develop in the upper areas will need to make repairs.
Martin Inderbitzen felt Staff was owed some thanks as they have worked patiently
with them. They understand much better the stream restoration program. They are
most appreciative with the added language in implementing this program. He
emphasized City as opposed to the other agencies that may have a part in reviewing
the plans. There are still areas in the program that would lead one to believe if you are
CITY* COUNCIL MINUTES
VOLUME ! 5
RE6UL&R MEETIN6
AuguSt 13, 1996
PAGE 418
to get flexibility you must get a buy in from the Department of Fish & Game or EBRPD,
but their understanding is the City has authority to control this.
On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the
Council adopted
RESOLUIION NO. 105 - 96
APPROVING THE EASTERN DUBLIN
COMPREHENSIVE STREAM RESTORATION PROGRAM AND THE
TASSAJARA CREEK LOWER REACH IMPLEMENTATION PLAN
LINHART, PETERSEN, POWERS ASSOCIATES (LPZA)
BUILDING & SAFETY CONTRACT SERVICES REVIEW
1:22 a.m. 8.2 (440-30)
Community Development Director Peabody presented the Staff Report, and reviewed
the performance levels of the City's contract with Lp2A.
The City of Dublin has contracted with the firm Lp2A since July of 1995 for building
inspection, plan checking and building code enforcement under the provisions of an
open-ended contract. During the next year, Staff anticipates that the number of hours
of service will rise to 4,000 hours.
Mr. Peabody discussed the. quality of performance and cost effectiveness of the
contract. The 1996-97 projected.budget of $255,000 for Lp2A is still cost effective and
Staff recommended that the City continue to utilize a contract arrangement for 1996-
97. No rate increase is proposed for 1996-97. Present contract rates are: Senior
Inspector ($ 55 /hour); Off-site plan-checking ($ 65 /hour); and Building Official
($80/hour).
Mayor Houston commented he also had received very favorable comments about them.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the
Council agreed to continue the contract arrangement with Lp2A for 1996-97.
PILOT COMMERCIAL RECYCLING PROGRAM
1:24 a.m. 8.3 (810~60)
Administrative Assistant Honse presented the Staff Report and advised that this item is
the second amendment to the Integrated Solid Waste Management Services agreement
between Waste Management of Alameda County and the City of Dublin. This
amendment will establish a Pilot Commercial Recycling Program using Measure D
CI'I~ COUNCIL MINUTES
¥OLUIdE 15
RE~iULAR MEETIN{I
August 1 S, 1996
PAGE 419
funds. The purpose of the program is to reduce commercial waste deposited into the
landfill to assist the City in meeting AB 939 diversion goals.
Cm. Burton asked if they will be expected to separate their materials.
Mr. Honse responded yes, they will have to be separated by source.
Cm. Moffatt stated he understands the recycling board is interested in recycling 75%
of all waste by the year 2010.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council adopted
RESOLUTION NO. 106 - 96
ADOPTING AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN
WASTE MANAGEMENT OF ALAMEDA COUNTY AND THE CITY OF DUBLIN
FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES
AGREEMENT BETWEEN THE CITIES OF DUBLIN, LIVERMORE & PLEASANTON
TO DEVELOP A JOINT EXERCISE OF POWERS AGREEMENT FOR FIRE SERVICES
1:31 a.m. 8.4 (600-30/540-70/110-30)
City Manager Ambrose advised that in accordance with City Council direction, Staff is
continuing to work with the Cities of Pleasanton and Livermore to develop an interim
Joint Exercise of Powers Agreement which would provide a framework for the Cities to
develop a JPA to provide consolidated fire management of Valley fire operations.
Adoption of this interim agreement will enable the City to keep its options open with
respect to further evaluation of a 3-city fire JPA in the future.
Mr. Ambrose stated Staff was recommending that the Council appoint one
Councilmember and at least two alternate members of the Council to the Policy
Committee to represent the City of Dublin as provided for in the Interim Agreement.
Mayor Houston stated he would be the representative.
Cm. Burton and Cm. Barnes will be the alternates.
Cm. Moffatt asked about the County's plan.
Mr. Ambrose stated they went to the board and got authorization to submit a plan and
it is due in his office on August 15th. Proposals will be reviewed the following week.
CITY' COUNCIL MINUTES
VOLUME 15
REfiULAR MEETIN6
August 13, 1996
PAGE 420
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council approved the Interim Agreement and authorized the Mayor to execute the
agreement and authorized the City Manager to continue participation in the
development of the Joint Exercise of Powers Agreement for Fire Services.
The Council appointed Mayor Houston to serve as the City's representative on the
Policy Committee and Cm. Burton and Cm. Barnes to serve as alternates.
JOINT MEETING BETWEEN CITY COUNCIL,
HERITAGE CENTER ADVISORY COMMITI'EE,
PARKS & COMMUNITY SERVICES COMMISSION AND
DUBLIN HISTORICAL PRESERVATION ASSOCIATION
1:35 a.m. 8.5 (610~05)
Parks & Community Services Director Ix>wart presented the Staff Report and stated at
the request of Mayor Houston, a special meeting will be scheduled to discuss the
direction of the Heritage Center. Staff requested that the Council establish the meeting
date and time and provide input on agenda items. Staff suggested as possible dates for
consideration either Wednesday, September 18 or Monday, September 30.
By a Council consensus, the date of September 30 was selected. The meeting should
start at 6:00 p.m.
If the City Council comes up with additional items, they should advise Staff.
REPORT ON DOUGHERTY ROAD WEED AND LITI'ER MAINTENANCE
1:38 a.m. 8.6 (820-30)
Public Works Director Thompson presented the Staff Report and advised that at the
City Council meeting of July 23rd, Ms. Patricia Bias requested a clean up of weeds
along Dougherty Road. The weeds have since been removed and alternatives
developed for higher levels of service along the road.
Staff discussed the Dougherty Berm, Arroyo Vista Frontage, Zone 7 Canal Areas,
Southern Pacific Right~of~Way, Parcel of Land at the Southeast Corner of Dougherty
Road and Amador Valley Boulevard, the Median, and the Roadside Area between the
Camp Parks Berm and the Edge of Pavement as Welt as the associated costs for
maintenance alternatives.
Staff compared Dublin's maintenance to the City of San Ramon's maintenance of the
easterly roadside of Dougherty Road north of Dublin's City Limits. It appears that San
CITY' COUNCIL MIN[FI'F~
V'OLUMF- 15
Rt'~6ULAR Mt~i~TIN6
August 13, 1996
PAGE 421
Ramon does not cut, spray or remove weeds along the side of the road; nor do they
perform much, if any, litter pick-up. There are a few landscaped islands along the
road, but it appears that about half of the shrubs have died.
Slides were shown of the area.
Mr. Ambrose stated the budget approved did not provide for increased levels of
maintenance. The cost is about $1,500 per mowing. It is pretty labor intensive.
Mr. Thompson stated if it is mowed more often it -would be uniform.
The Council felt # 3 would be preferable: "Mow weeds four (4) times per year,
together with two (2) sprayings per year along the edge of the bike path and roadway.
The weeds would be Visible but would give a short uniform appearance." The cost for
this option would be approximately $8,750 per year.
Steve Loweree stated it would be cut probably in late April or early May and then
every two months during the growing season.
On motion of Cm. Burton, seconded by Cm. HOward, and by unanimous vote, the
Council approved option #3 and approved an $8,750 budget transfer of funds.
CONCERNS REGARDING TEMPORARY AND PORTABLE SIGNS
I:51 a.m. 8.7 (400-30)
Assistant Planner/Zoning Investigator Kachadourian presented the Staff Report.
Because of concerns expressed related to the proliferation of temporary and portable
signs in the community, Staff was directed to prepare a report for Council review.
With regard to enforcement, the current City Council policy which was established by
Resolution No. 104-95 requires that enforcement be done on a complaint only basis
and does not provide for any pro-active enforcement on signs. Per the Council's
enforcement policy, Staff does not provide any pro-active enforcement on signs. As a
result, the number of illegal signs has continued to, multiply since the adoption of the
City's new Sign Ordinance in August of 1994.
Mayor Houston stated some of the signs offend him more than others.
Staff clarified that all of the signs shown are prohibited. The banners were put up
with no zoning approvals.
Cl'l¥ COUNCIL MINUTES
VOLUME 15
RE~IUL~R MEETIN~I
August 13, 1996
PAGE 422
Mr. Ambrose stated the sign ordinance is very liberal. Illegal signs have multiplied
like rabbits.
Cm. Moffatt asked if they could bring the problem before the Chamber to ask how
they feel.
Cm. Howard stated she knows how they feel about this. A lot of people are taking
advantage of our Sign Ordinance.
Mayor Houston felt we should clean it up and be pro-active with enforcement.
Mr. Peabody stated the City Council's policy is very clear. Should they take care of
stuff in the Public right~of~way, a~frame signs, etc. They need clear direction.
Mayor Houston felt the businesses should be identified and they should be sent a letter
and then follow up.
Mr. Peabody felt given the volume of the problem maybe they should pay close
attention to certain types of things such as banners or things that have been up a long
time. There are prObably over 1,000 violations. People will question why Staff is
singling out certain people.
The Council directed that banners should be first priority and Staff should consider
this an official Council complaint.
OTHER BUSINESS
School District Liaison Meeting (¢ 10~05)
Mr. Ambrose advised that Staff would set up a liaison meeting with the School District.
Mayor Houston and Cm. Barnes were requested to give Sandie some available dates.
Sidewalks (820-40)
Cm. Moffatt rePorted that on Silvergate Drive there are hardly any crosswalks. He
requested that Staff consider some locations; i.e., Silvergate/Peppertree and Dublin
Boulevard/Donlon Way.
Mr. Thompson stated Staff will look into this.
ClT~r couNCIL MINIFI~
VOLUME 15
RE6UL~R MEETIN~i
August 13, 1996
PAGE 423
Dublin Georgia Summer Redneck Games (140~50)
Cm. Burton commented on the newspaper article about the City of Dublin, Georgia's
Summer Redneck Games which are really funny. They have the mud-pit belly flop,
hubcap hurling, cigarette butt flipping, and the armpit serenade.
CLOSED SESSION
2:03 a.m. 10.3 (600-30)
The City Council continued the closed session related to Public Employee Performance
Evaluation pursuant to Government Code Section $4957, Title: City Manager, to the
September 3 City Council meeting.
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was
adjourned at 2:04 a.m.
The August 27th meeting has been canceled and beginning September 3rd, the new
City Council meeting schedule of FIRST and THIRD Tuesdays will go into effect.
ATTEST:
Mayor
ClT~ COUNCIL MINUTES
VOLUME 15
RE6UL~R MEETIN(I
August 13, 1996
PAGE 424