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HomeMy WebLinkAbout4.1 Approve 05-11-1987 Minutes'r REGULAR MEETING - May 11 , 1987 A regular meeting of the City Council of the City of Dublin was held on Monday, May 11 , 1987 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 33 p.m. by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty, Snyder , Vonheeder and Mayor Jeffery. ABSENT: Councilmember Moffatt . PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of alle- giance to the flag. Dublin High School Improvement Task Force Mr. Norb Hudak, Dublin resident and member of the Park & Recreation Commission, stated he wished to address the City Council regarding their decision to dump the Task Force . Mr. Hudak felt that this action was an excuse to deny Dublin residents a chance to have many beneficial -things . He requested that the Council re-examine their priorities as it appeared that beautifying streets is more important than programs for children. Mayor Jeffery questioned if Mr. Hudak had had a chance to review the minutes of the previous Council meeting. She stated that the Council had not "dumped" the project , but rather carefully considered all facts and agreed to put the project into abeyance. Mr. Hudak indicated he had not read the minutes . Cm. Hegarty advised Mr. Hudak that the Council felt it was more appropriate to wait until the next school year to go forward with discussions . Mayor Jeffery indicated that the lead regarding the project had been given to Diane Lowart , Recreation Director. The openings on the Task Force will be advertised in the upcoming City Newsletter. Cm. Snyder indicated that he has discussed this at length with Ms . Joan King, Dublin High School Principal and she concurs that lack of staff during the summer would be a problem, plus there is a great uncertainty about the future of the school regarding what the future configuration might be . CM-6-143 Regular Meeting May 11 , 1987 Police Complaint Mr. Dave Filstead stated he wanted to question Cm. Snyder regarding a comment he made to the Valley Times . Mayor Jeffery advised Mr. Filstead that this type of questioning is not appropriate and that he was there to address the Council . Mr. Filstead then questioned the status of his complaint against the Police Department . He stated he is still being harrassed. He stated he wished to set up an appointment to meet with the Mayor. Mayor Jeffery advised Mr. Filstead that it would serve no purpose to meet with her as the City has a legal process that it must follow. Mayor Jeffery then questioned if he had submitted the written report that the Council advised would be necessary at the last meeting. Mayor Jeffery reiterated to Mr. Filstead that he needs to file a formal complaint with the Police Department . Fireworks Ms . Ann Henderson addressed the Council and stated she wished to speak on an agendized item, but that she had to leave to attend a School Board meeting. Ms . Henderson gave a brief history related to the advisory measure that appeared on the ballot in November, 1982. She indicated she learned a lot about big business and politics and how fair play doesn't necessarily go along with this type of an issue . It was determined that most of the money that went into the campaign came from the firworks companies . She feels that the community will back Chief Phillips ' request . Cm. Hegarty felt it doesn't do any good to ban the sale if people can still use fireworks in Dublin. It is almost impossible to ban the use of fireworks . Ms . Henderson stated she appreciated the Council listening to her comments . Stop Sign @ Lewis Avenue & Portage Road Ms . Lyn Dinelli thanked the Council for the recent stop sign installations at Lewis Avenue & Portage Road. CONSENT CALENDAR On motion of Cm. Snyder , seconded by Cm. Hegarty, and by unanimous vote , (Cm. Moffatt absent ) , the Council took the following actions : Approved Minutes of Regular Meeting of April 27 , 1987 ; Approved City Treasurer ' s Investment Report for Period Ending April 30, 1987 ; CM-S-144- Regular Meeting May 11 , 1987 f i i Denied claim submitted by Rose Jurich and authorized Staff to notify the claimant ; Adopted RESOLUTION NO. 31 - 87 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 83-2 Denied claim submitted by Industrial Indemnity Company on April 28 , 1987 and directed Staff to notify the claimant and the City' s Insurance Provider; Adopted RESOLUTION NO. 32 - 87 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT Approved Warrant Register in the amount of $543 ,939. 69; Adopted RESOLUTION NO. 33 - 87 ADOPTING A BAIL SCHEDULE FOR INFRACTIONS (Building Regulations & Zoning Ordinance) REQUEST BY TED FAIRFIELD TO PARTICIPATE IN A TRAFFIC IMPROVEMENT STUDY The City has received a request from Mr. Ted Fairfield, developer of the Dublin Ranch project , requesting that the City Council consider initiating or participating in an independent engineering study to identify the benefits to be derived by properties north of I-580 from improvements that are scheduled to be constructed by the North Pleasanton Improvement District . Staff recommended that the City Council consider Mr. Fairfield ' s request in light of past Council action and determine whether or not to proceed with the development of an independent engineering study for I-580 improvements . Mr. Ted Fairfield addressed the Council and explained why he had written the letter and why he felt it was a good idea to proceed. He requested that a few words be added to Staff ' s recommendation. He requested that the words "to be constructed and those not to be constructed" be added to the first paragraph of the Staff Report in order to create some sort of equity. The North Pleasanton Improvement District has been put into place . It would be nice for everyone to know what is ahead , at least in terms of costs of street and roadways . CM-5-145--- Regular Meeting May 11 , 1987 I { Cm. Hegarty felt that without a doubt , this is a large undertaking and he questioned Dublin' s process about how it would proceed if Hacienda were not even involved. The County is clearly the largest beneficiary as they are the largest landowner. As far as Dublin' s part , the whole thing hinges on the extension of Dublin Boulevard. Mr. Fairfield felt this study is a simplistic way to get started in order to determine benefits as well as costs . Cm. Snyder indicated that he had a commitment with Mr. Fairfield several weeks ago to try to get people together to deal with this subject , prior to knowing that this item was going to be on the agenda this evening. Several people involved have tentatively set aside time mid-day on Monday, May 18th to meet and discuss this item. Mr. Fairfield indicated he had an appointment in San Francisco at 2: 30 p.m. , but would be willing to meet earlier in the day. Cm. Hegarty expressed concern that Pleasanton knows what they have to do and now all of a sudden they want money from Dublin. Cm. Hegarty clarified that he did not want a free ride , but was concerned that Pleasanton is now telling Dublin what a big benefit this is to us . Cm. Vonheeder reminded the Council that back in December of last year , the Council notified Pleasanton that the first development north of I-580 would trigger us to study this issue . Mayor Jeffery suggested delaying discussion of this item until more information is available about the meeting. Cm. Snyder stated that this meeting would simply be all concerned parties sitting down to talk and he did not anticipate that much Staff time would be required. The fewer people involved , the better it would be . There should be representatives from North and South property owners , appropriate Staff personnel from Dublin and Pleasanton and political representatives from Alameda County and both Cities . Mayor Jeffery and Cm. Snyder will attend as the political representatives from Dublin. On motion of Cm, Vonheeder, seconded by Cm. Hegarty, and by unanimous vote , the Council agreed to proceed with the study and directed Staff to arrange a meeting with the appropriate people to develop ground rules for the study. REQUEST FROM CHIEF PHILLIPS RE SALE AND USE OF FIREWORKS Fire Chief Phillips has requested Council consideration of prohibiting the sale of safe and sane fireworks within the City of Dublin. An advisory election held in November, 1982 , resulted in 1 ,746 yes votes and 2 ,489 no votes to the question "Should the City of Dublin enact an ordinance which would prohibit the sale of safe and sane .fireworks within the City limits?" CM-5-146= Regular Meeting May 11 , 1987 'v Staff advised that since this election was advisory only, it did not require that the Council take action one way or another. The law has changed since this issue was considered in the past . Permits for 1987 sales have already been issued. Discussion followed regarding various other cities ordinances with regard to prohibiting the sale , use or discharge of fireworks . Cm. Hegarty expressed concern in that we did have an election and the people told the Council what they wanted. If the Council is considering changing the rules , it should again ask the voters . Cm. Hegarty questioned the cost of the 1982 advisory election. He indicated that he could support a total ban ( sale , use or .discharge) , but would have a problem just prohibiting the sale in Dublin. City Attorney Nave advised that a mail ballot election can now be considered. Mayor Jeffery suggested getting more information. Since the fireworks sales permits for this year have already been decided, we have time to study the issue . Cm. Vonheeder expressed her feelings that the Council gave up the right to make a decision on this when they put it to the voters . If the Council is considering a change , they should put it back to the voters as another advisory election. Cm. Snyder felt that the Council could easily direct Staff to draft a new ordinance subsequent to this years sales . Public hearings would provide an opportunity for the community to voice their opinions on the subject . Mayor Jeffery agreed and felt that when the City starts the public hearings on this topic , it will get pros and cons from the community. Ms . Lyn Dinelli questioned the possibility of allowing a certain area within the City where fireworks would be permitted , perhaps the Dublin Sports Grounds . She felt that even though they present definite hazards , it would be a shame to totally deny youth the priviledge of this type of celebration. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by majority vote , (Cm. Moffatt absent ) , the Council directed Staff to develop an ordinance which would prohibit the sale , use or discharge of fireworks in Dublin and bring back for future discussion. Cm. Vonheeder voted against this motion. Power Failure Electrical power at the Library went off at approximately 8 : 30 p.m. , and the meeting was interrupted. CM-5-147 Regular Meeting May 11 , 1987 P At 8 : 50 p.m. , Mayor Jeffery announced that the meeting was continued to the next regular meeting of the City Council which would be Tuesday, May 26, 1987 , 7 : 30 p.m. , at the Dublin Library. The remaining items would be discussed at that meeting. CLOSED SESSION Mayor Jeffery then announced that the Council would go into a closed session at City Offices , Suite 101 Conference Room, to discuss pending litigation, City of Dublin vs . BART. ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 9 :45 p.m. Mayor ATTEST: City Clerk CM-5-148 Regular Meeting May 11 , 1987