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HomeMy WebLinkAboutItem 4.01 Draft Minutes 08-13-1996 '.' ",";'. '",'r,~j"'" ".~'~ , '\ '. ~./ t..' I~... ". J<:" ..... N 7-l\;r~:if.::;t '0'-" 640-30) At 7:02 p.m., the City Council recessed to a closed session to discuss: ~'., e 10.1 Conference with Legal Counsel - Anticipated .Litigation - Initiation of litigation pUJ;sllSX1,tto~WivisioJ1 (c) of Government Code Section 54956.9 - One potential case ., ' ':;'" ~ /", ",..:,,'"' 1 0.2' Conference with Legal Counsel - Anticipated Litigation - 'Significantexposure to litigation pursuant to subdivision (b)(l) 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 o{allegiance to the flag. . .. PROCLAMATION TO DUBLIN LmLE LEAGUE 7:49 p.m. 3.1 (610-50) Mayor l:iouston 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). . . ctn' COU.NCIL III.NVTES VOLUME 15 RE6UL:A.I.:MEETl.N6 August 13, 1996 PAGE 391 ITEM NO.~_ ;r; V -..... . '.'" ilt" 'ih(:tl:~~11ii Ill" .' .' . '. .R ..'Jlit~ili!1bt~~iI",\"Jj:.l"" ,- - . . -~Ji""lli.*~;il."V~~";'" _ INTRODUCTION' ~. ,', .... .... 7:50p.m. 3.2 (810-10) " . -'~~ij'''l\::~k~,,;: ";'., ,_, Administrative Assistant Honse introduced Desi Reno, with.tl\'r~tlftts~...f)u1?lm Disposal who will be replacing General Manager Dan Borges, while he is on leave after th~~!,;':'f" recent loss of his wife. He has 17 years experience with waste management. He was born in Dearborn, Michigan but raised in Modesto. ':il.:. ..... , '." 1"~'\""'<<:l'I' ,:1 'f'.:,r..~", ! 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. ........... '. .......u 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. .. .... Citr 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 em. 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 notice.of 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. Crn' COUNCIL MINUTES "OLUIIE 1 5 RE6ULltl.1lEETlN6 August 13, 1996 PAGE 392 . . . . e . Cm. BUlion 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, 1996; 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 AUTHORIZING CITY OF DUBUN PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM Adopted (4.4 600-40/940-30) RESOLUTION NO. 96 - 96 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL UBRARY SERVICES DURING FISCAL YEAR 1996-97 Received (4.5 580-40) an informational report regarding the Citizens Option for Public Safety (COPS) Program; em. Moffatt stated he had a question on Item 4.6 and asked if this item related to the transfonner that we moved. .A1r. Ambrose responded yes, and this is a change order. Adopted (4.6 600-30) cIn' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETING August 13, 1996 PAGE 393 e e RESOLUTION NO. 97 .. 96 APPROVING PG&E AGREEMENT FOR DUBUN BOULEVARD WIDENING PROJECT ($39,596) Adopted (4.7 600-30) . RESOLUTION NO. 98 - 96 APPROVING AGREEMENT WITH WIWAM corrON 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 CONmACT 96-05A FOR SHANNON COMMUNITY CENTER WINDOW REPLACEMENT TO TEAM GLASS, INC. ($11,300) Adopted (4.10 360-20) RESOLUTION NO. 100 - 96 APPROVING PREUMINARY 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. PIeasanton will be heanng this tonight also and hopefully will approve their share of the funding. Mr. Thompson stated this is proposed to start construction in late J 997. ern' eOU.NCIL MINUTES VOLUME 15 REGULAR MEETI.NG August 13, 1996 PAGE 394 . . . . e . 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 CAUFORNIA AND THE CITY OF DUBUN DATED OCTOBER 30, 1964, RELATING TO THAT PORTION OF STATE HIGHWAY ROUTE 680 (FORMALLY KNOWN AS ROUTE 107) BETWEEN THE SOUTH CITY UMITS AND THE CONTRA COSTA COUNTY UNE Cm. Burton pulled Item 4.11 and expressed concen? because we are issuing a bid for over $250)000 and a letter from RafanelIi & 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. Ron Nahas stated he wrote the letter and was present to ask that the City not approve Jetting 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) $258)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 in valved Their soils engineer, Ed Rinne with Kleinfelder came down from Sacramento for this meeting. They were not aware that the City had prepared these studies until some time inJune and then became aware that the City was about to sue them. The statute doesn't actually expire until some!1ine next year. This is a piece of land that they gave to the City for nothing as a condition of their project. They have agreed to repair the slopes up there and they will do it before winter. For 13 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 it is important to recognize that their attorney feels there are very strong arguments in their favor that this could very welI be paid for by citizens in this room and other taxpayers. He feels theyare doing everything in their power to avoid this and to make the City comfortable that they will live up to their obligations. Ed Rinne) 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 12 years. He has yet to encounter any kind of legal action with any project with which he has been connected They have concluded that the site could be developed with a 2 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 foot 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 inJune that the City was contemplating a suit in this case. Their conclusion is that these two surficial earthflows are not endemic of any stability problem on the slope. They urged the City Council to reconsider this and adopt Mr. Nahas' proposal. Cm. Burton asked what he considered failed Did the ditch fail? CITY COUNCIL MINUTES VOLUME 15 REGULAR MEt:l1.N6 August 13, 1996 PAGE 395 e e Mr. Rinne stated there were 2 areas above the ditch and water came in and supersaturated a foot or two. The fallures were in the top one to three feet. They were not deep-seated faJ1ures. The water flowed down the l1Jllside. Cm. Moffatt asked if there is any kind of a guarantee with what they are proposing. How can you judge these things? Mr. Rinne 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 they go in and fix it again? Mr. Ri1me stated they will stand behind what they repair. They are professionals and certainly back up their recommendations. Mayor Houston sald the original report said there wJ1l be slides so he asked if they expected something like this in the future. Mr. Rinne stated they saw simJ1ar things in a lot of other cases and it's something you just can't get away from in these types of clay sails. They dry out and get wet again and if there is a lot of water that hits it you get surficial earth flows. It took 9 years for this to occur. They eJ...'pected it. They wJ1l 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, 7736 Crossndge 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 hJ1l They were told that the people who did the soils analysis had the credentials to give an accurate analysis of the situation. They were allIed 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. M(hen he bought his house 8 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 their position 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 flx would be. They gave 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 to a $24,000 repalr and the experts say that's no big deal, you have a credibility problem. They are now told all the repair will be above the ditch and none below. If raises the issue of CIl')' COUNCIL MINUTES VOLUME. 15 RE.6ULAR ME.ETlN6 August 13, 1996 PAGE 396 . . . . . . e e are we going for the cheap fix, or do we really have a problem. He stated he understCk.id On. Moffatt's comment that nothing is 100%. 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 the hill is not compacted according to the grading ordinance. There are 37 properties below the v-ditch. In addition to the slide areas, there are other problems that need to be addressed The grading didn't meet the grading ordinance or the UBG, whichever was used at the time. This has been going on for over 2 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 Ci/ys property is affecting their lives. She did not understand this delay as they have provided all infonnation possible to City Staff. Willard McCune stated in listening to tonight's proposal and he is affected because his house is right below the area, he's not keen on having all this rock above his house. The drainage already in place is not suitable. These band-aid solutions are fine for what's going on right now; but if there are future slides, this is not going to look good. The full repair originally proposed is the most effective way to go in the long term because it just sounds like a better idea. Cm. Burton thanked those who spoke. There is a responsibility on the part of the City Council that when you have as much d1lference between expert opinions, this deserve hearing. He asked what would be involved if we make arrangements with Rafanelli &- Nahas. J1.17at's involved time wise and process? Mr. Thompson stated he understood they could get it done before the winter. We have some other problems with a small solution 11 in fact we ha.ve other problems. Even 11 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 late time. Mr. Nahas stated he did not 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 Let them go fix the problem that has occurred The other problem is not a f8.11ure, 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 Elsa 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 graded this they expected that something like this could happen. CITY COUNCIL M.INUTES VOLUME 15 RE6ULAR MEETIN6 August 13, 1996 PAGE 397 e e Mr. Nahas stated they produced 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 wl11 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. Theyare the ones who will take the loss of value on their properties. 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 to get done. He would be in favor of awarding the bid and stated he recognized that Mr. Nahas had been brought in fate. Cm. Moffatt indicated that the Nahas' have done everything in their power to fly 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 nx and be able to negotiate a part as mutually agreeable. Cm. Burton cOlnmented that Mr. Nahas has been a ve.zy staunch supporter of the City who contributes regularly and he deserves to be recognized He stated he would go along with this and would go along with em. Moffatt's suggesHon. On motion or Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council adopted (4.11 600-30) RESOLUTION NO. 103 - 96 AWARDING CONTRACT 96-04 DOUGHERTY HILl.S SLOPE REPAIR TO GORDON N. BALl. INC. ($258,300) . ,.,',.........-',.,',.,',.,.+',.....-',..-w".,',....", 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 crn" COU.NCIL M.INUTES VOLUM.E. 15 REGULAR M.EETING August 13, 1996 PAGE 398 . e e 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 su pported 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. . Crn! COUNCIL MINUTES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 399 e e 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 wished 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 daycare? 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 5 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. ''/ aJn velY concerned about signs on the Day Care Center - I do not think this is necessalY 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- J'1n opposed to any more. " Cm COURCJL MuurrES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 400 . .: . . . . e e 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 to 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-l 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. '1 feel that the location of the hOlne used by Creative Playschool is in too busy a traffic corner to support 30 children and the vehicles used to transport theln. Also I feel that the noise factor would exceed the nonn in this quiet area. " Vicky Duarte, 8776 Wicklow Court submitted a written statement which was read by Mayor Houston. "1 mn a current resedent {sic} of Dublin. 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 deciding to put my child here. They have an excellent curriculum and the teachers are very experienced, and qualified to handle 30 children at one school If licensing 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 some of 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 crn' COUNCIL M.INUTES VOLUM.E. 15 RE.6ULAR MEETlN6 August 13, 1996 PAGE 401 e e 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 l-VHOM IT A1A Y CONCERN: As regards to A CREATIVE PLAYSCHOOL, located at 6837 Amador Valley Boulevard, Dublin, CA. We live very close to the facility and have no problelns with the facility 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 backyard, or change in the hours when children lnay begin playing in the back yard, nor the increase in the number of children. Signed by BL Kelly 6830 Amador V.{y. Blvd Dublin Matthew Troiano 6814 Amador Vly Blvd Dublin lVK Kuhn 6873 Amador Valley Blvd, Dublin and F Tonn 6821 Amador Valley Dublin." 1 0:00 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 VOLUME. 15 RE6ULAR MEETIN6 August 13, 1996 PAGE 402 . e e 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. em. 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 anyone 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 6 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 Vall€y' 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 slgnage. 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. . Crn" COUNCIL MINUTES VOLUME 15 RE6ULAR MEETING August 13, 1996 PAGE 403 e e 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 anyone 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 PlAYSCHOOL DAYCARE CONDITIONAL USE PERMIT AT 6837 AMADOR VAUEY BOULEVARD Mayor Houston voted in opposition to the motion. . "....'...".""....'+..'.'.'.. Crn" COUNCIL MINUTES VOLUME 15 REGULAIt MEETING August 13, 1996 PAGE 404 . e e . 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 environ~ental 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 em. Burton, seconded by Cm. Barnes and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 17 - 96 AMENDING CHAPTER 2 OF TITLE 8 OF THE DUBUN ORDINANCE CODE (ZONING ORDINANCE) TO ADOPT DEFINITIONS, ADOPT STANDARDS AND PROCEDURES FOR PROCESSING CONDITIONAL USE PERMITS FOR FACIUTIES UNDER THE ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, AND ADOPT lOCAL SITING CRITERIA CONSISTENT WITH mE COUNTY PLAN, AND AMEND THE M-1 (UGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL) ZONING DISTRICTS TO ALl.OW THE LOCATION OF SMALl.-SCALE TRANSFER AND STORAGE FACIUTIES AND OF INDUSTRIAL TRANSFER/STORAGE/TREATMENT FACIUTIES AS CONDITIONAL USES SUBJECT TO THE PROCEDURES AND SITING CRITERIA . ,......,......,....,...........,.....,..m..y..+'''',w."'." Crn' COUNCIL M.INUTES VOLUME. 15 REGULAR ME.ETIN6 August 13, 1996 PAGE 405 e e RECESS At 10:20 p.m., Mayor Houston called for a ShOli recess. All Councilmembers were 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. 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. em eOUMCIL .M.mVTES VOLUME 15 REGULAR MEETIN6. August 13, 1996 PAGE 406 . . . . e e 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 and Dublin residents for 28 years, I wish to go on record as opposing any legislation that would li1nit lny constitutional right to purchase or own the fireann of lny choice. " Jim Rivinius, 6855 Mansfield Avenue submitted a written statement which was read into the record by Mayor Houston. "Iopose {sic} anything that would li1nit 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 te 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 FF A 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 MINUTES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 407 e e 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 to 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. em. Moffatt stated he had the list from A TF 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. . cIn' COUNCIL MINUTES VOLUME. 15 1tE6ULAR MEETI.NG August 13, 1996 PAGE 408 . . . e e 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 agents 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 A TF 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 su pply of illegal firearms in our community. Banning junk guns makes for good headlines, but it does little to make our community safer. AI Bolla, 11 731 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. ern" COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 August 13, 1996 PAGE 409 e e 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 Billie, 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. Du blin 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 1 946 through 1 982 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. crn' COUNCIL MINUTES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 410 . e e 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. Suter 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. cIn" COUNCIL MINUTES VOLUME. 15 REGULAR MEETING August 13, 1996 PAGE 411 e e Mr. tv1arburger stated back in 1989 when he originally stalied 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 from the County. Ms. Silver clarified the state law contained in Penal Code 12071. Dublin requires a busines.s 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. . crn" COUNCIL MINUTES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 412 e e Ms. Silver stated this ordinance would have to be referred to the Planning Commission for their consideration. . Mayor Houston asked em. 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 RE.GULAR MEE.TlN6 August 13, 1996 PAGE 413 e e 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. ... ~:'~ ,....,',.,''.'''......,""'+.,..,"'.."__m.'."...,'. REQUEST FROM MIt & MRS. HILL FOR AID IN SOLUTION TO HYDROGEN SULFIDE ODOR ISSUE 12:30 a.m. 7.2 (l030-30) 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 su bdrains 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. Crn" COUNCIL MINUTES VOLUME. 15 RE6ULAR MEf:TIN6 August 13, 1996 PAGE 414 .'::, '. :': e e . 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. M.s. Hill asked if the City has as-built plans. Mr. Thompson stated he has been there and seen it. . M.s. 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. em. 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. ern' COU.NCIL MINUTES VOLUME. 15 REGULAR ME.E.TI.N6 August 13, 1996 PAGE 415 e e 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 1986. 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. Ms. 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 City go 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 em. Moffatt come up and seal the vents and he will never be seen . cnY' COUNCIL MINUTES VOLUME. 15 REGULAIt ME.E.TING August 13, 1996 PAGE416 e e 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 Honse 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. . ern' COUNCIL MINUTES VOLUME 15 REGULAR MEt:TlNG August 13, 1996 PAGE 417 e e If the Council selects the tripod option, CTV 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], 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. .-..-...'..."'..'-........"+..'.".."__m....."".._. 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 15 RE6ULAR MEE.TIN6 August 13, 1996 PAGE 418 . . . . e e 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 RESOLUTION NO. 105 - 96 APPROVING THE EASTERN DUBUN COMPREHENSIVE STREAM RESTORATION PROGRAM AND THE TASSAJARA CREEK LOWER REACH IMPLEMENTATION PLAN "..."..'..,..m....'..w,....,....,+...""",....,,.,.,......w,...,..,..., LINHART, PETERSEN, POWERS ASSOCIATES (Lp2A) BUILDING & SAFElY CONTRACT SERVICES REVIEW 1 :22 a.m. 8.2 (440-30) Community Development Director Peabody presented the Staff RepOli, 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 conh"act. 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 em. 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 cm COUNCIL MINUTES VOLUME. 15 REGULAR MEETING August 13, 1996 PAGE 419 e e 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 DUBUN FOR INTEGRATED SOUD 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 JP A 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 COU.NCIL MINUTES VOLUME 15 REGULAR MEETING August 13, 1996 PAGE 420 . .'. ";'.' . It e . 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 WITH CI1Y COUNCIL, HERITAGE CENTER ADVISORY COMMITIEE, PARKS & COMMUNITY SERVICES COMMISSION DUBLIN HISTORICAL PRESERVATION ASSOCIATION 1:35 a.m. 8.5 (610-05) Parks & Community Services Director Lowart 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 UrfER 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 well 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 Ramon does not cut, spray or remove weeds along the side of the road; ror do they . Crn" COUNCIL MINUTES VOLUME 1 5 REGULAR MEETING August 13, 1996 PAGE 421 e e 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 a $8,750 budget transfer of funds. CONCERNS REGARDING TEMPORARY AND PORTABLE SIGNS 1 :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. 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. CITY COUNCIL MINUTES VOLUME. 15 REGULAR MEETING August 13, 1996 PAGE 422 . e e . 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 . 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. ,. ... ....'...--------------..+..--. .... '.-;' .-'- ~ . . ..~" .~;:. Cm. Moffatt reported that on Silver gate 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 wi11100k into this. '.'.".'.'.....'.'.......""+..."'...'.................-' :_;.: . cITY COUNCIL MINUTES VOLUME 15 RE6ULAR MEETlN6 August 13, 1996 PAGE 423 ".'. " . e e ~ Cm. BUlion 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. . .,.,'@w,.""w.,",',., ...,..+~' ',...,."..,.,...'.".'..,..,.", 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 54957, Title: City Manager, to the September 3 City Council meeting. .,H..H."..'.....,., +. HH"" 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 City Clerk ..,.,w,.,.,.,.,.,wc,... .......'.....'.'+..'.,.,.,H......,...............'.......,." cm COUNCIL Ml.NUTES VOLUME. 15 REGULAR MEETIN6 August 13, 1996 PAGE 424 .