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HomeMy WebLinkAboutItem 3.0 Approve 04-26-1982 & 05-10-1982 Minutes (2) • r a. - • Regular Meeting - April 26, 1982 A regular meeting of the City Council , City of Dublin was held on April 5, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:36 P.M. by Mayor Snyder. ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. * * * * MINUTES APPROVAL Minutes of the adjourned regular meeting of March 29 and the regular meeting of April 5, 1982, having been delivered to all Councilmembers, on motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote were approved as submitted. * * * * CM-1-61 • ORAL COMMUNICATIONS Ms. Ann Henderson indicated she was present to negotiate a compromise on the recently adopted ordinance re sale of fireworks , feeling that the Council was (._ . not receptive to what the community wanted. A referendum campaign has been started with petitions circulated, requiring 10% of the signatures of registered voters. The petition has been carried, and the required number of signatures has been obtained. Ms. Henderson indicated her understanding that the - referendum, if filed, would require that the ordinance be cancelled or held in abeyance until an election could be held. Then the County law would be in effect until June 1. Because the County law is so close to the ordinance which has been adopted, the City could not adopt the County law (in Nr. Nave's opinion) . It would then be up to the City to adopt State law which is much weaker than the law now on the books. It was not the petitioners desire to weaken the law but to strengthen it with a ban which they hoped to get thru a ballot choice. Also, if the referendum is filed, because of some time limitations in election codes, it would be necessary to have an expensive election just to answer this one question. It is too late to do anything about the sale of fireworks in Dublin this year, so it would serve no purpose to have an election before November. Ms. Henderson then asked the Council to agree to place an advisory question on the November ballot, "should the City of Dublin ban the sale of all fireworks in the City limits, Yes or No". It should be as simple as possible and straightforward in order to get a feeling as to what the community feels. Ms. Henderson indicated she felt that the Council would be responsive to what the community would choose, she did not want to hurt the City, and would trust the Council to honor the negotiated compromise. She asked an indication from the Council if they would honor her request. Michael Nave, City Attorney, indicated that the Council could, as a matter of honor, place an advisory matter on the November ballot, or place the matter as an initiative. Cm. Hegarty stated his feeling that a clear indication of what the people want is desirable, he would like to know if the use, possession, and sale is to be banned. Ms. Henderson indicated that in talking to people she gathered that "sale" was at issue, a complete ban on use was too difficult to enforce. In this way, the Fire Marshall would be supported, as well as the position of the other cities in the valley who now ban sales, there would be no stands or signs. Discussion followed regarding the "sale" and/or "ban" of fireworks entirely, with concern expressed re safety of fireworks, did the persons circulating the petition circulate with the idea of "ban" or merely "sale". The ordinance did address only sale of fireworks; this may be a part of the advisory discussed for November, two issues, ban and/or sale only. At the close of discussion, on motion of Cm. Jeffery, seconded by Cm. Moffatt, the Council voted unanimously to place this matter on the November ballot, directing the City Attorney to meet with Ms. Henderson, no later than the end of June to work on language to prepare a resolution for the Council 's perusal and adoption. CM-1-62 as!a tfei, APPOINTMENT - City Treasurer - Richard C. Ambrose The office of City Treasurer needs to be filled due to the pending appointment of a City Manager and Mr. Gaekle's leaving the City's employ. It is recommended that Richard Ambrose be appointed in the interim with no extra compensation. The appointment as recommended was made on motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote. * * * * PROCLAMATIONS - Boston Marathon Two persons from Dublin, Mary Weaver and Dick Corcoran, participated in the Boston Marthon, and proclamations commending them were prepared. (Neither was present, the documents will be presented at the next meeting. ) * * * * Hand In Hand Team Cm. Burton presented proclamations to the Hand In Hand Team, a group of young people who are going to Ireland this summer to participate in a work program to help restore and rebuild the Glencree Centre, which is dedicated to providing a refuge from violence. Those making the trip were Nancy Paige, Leonard West, Alex Smith, John and Paul Clary, and all were given a copy of the proclamation. These young people will be on a tour, will be singing in various places also, and must raise their own funds for making the trip. * * * * PUBLIC HEARING re Appeal , Sign Variance A variance appeal has been received from Cal-Neon (Kentucky Fried Chicken sign) located at 6797 Village Parkway, a freestanding sign for which permission was given, subsequently found to be given in error, and for which a variance was also subsequently denied. Thus the applicant is appealing to the City of Dublin and the public hearing is now open. Mr. Wm. Fraley, Alameda County Planning Director was present and outlined the history of the application, explained that this particular location has a "C-2-B-40" District designation which does not allow the erection of a sign in the area (30' front yard) and that the sign was errected in error. Only low profile, freestanding signs, are allowed in the B-40 District, the sign in question is larger that allowed. This particular zoning classification is applicable only in the area of Village Parkway and a portion of Dublin Blvd. The findings could not be made for allowing the freestanding sign in the 30 foot front yard, and the appeal was denied. CM-1-63 4 The City may grant the appeal , if the findings can be made to do so; make the findings which the Zoning Administrator did and deny the appeal ; or to reconsider the position regarding the zoning in the area. It was also noted that a smaller lower sign, would require a variance to allow location in one of the planters to the side of the driveway. Mr. Jim McLey, Jr. , representing the applicant and Cal-Neon, indicated that he had brought drawings and renderings of the sign to the County Planning and Building Departments and had been given a permit. When it was discovered that the sign was in error, an appeal was submitted and denied, at which time the appeal was submitted to the City. Mr. Keith Holmes, Division Manager for Kentucky Fried Chicken, explained that the building had been relocated to this area, and if they had been told that they would be allowed a smaller sign, such would have been build. However, they went ahead with the sign when permission was granted, they did not intend to make problems for themselves or the City or County, they feel they have done all possible to do in this case. In response to a question regarding lowering the sign, it was noted that the cost for doing so would be in the neighborhood of $800. In answer to a question re height of the sign, it is approximately 7 ft. , if the sign were set back near the building it could be considerably higher. Mr. Roger Hamblin, District Manager, East Bay Division, stated that he felt the County had four opportunities to correct themselves, but failed to do so, because of the B-40 Zoning. It was his feeling that the sign, if lowered, would cause a traffic problem. In its present location the sign does not obstruct any other signs, and at its present height the traffic in and out of the restaurant can be seen easily. Mr. Fraley, in answer to a question, indicated that the permits were given to install the sign, also that the chart re sign regulations given to the applicant are those which apply in Dublin with the exception of the area along Village Parkway which is zoned B-40. The Council may wish to give consideration to changing the sign regulations in this area to conform to the balance of the Dublin area. Also in answer to a question, Mr. Fraley indicated that the County would never pick up the cost of moving the sign; the complaint re the sign was on the basis of others not allowed the same type of sign. This may be the subject • of amortization plans for non-conforming signs. Cm. Jeffery indicated that there is no question that an error has been made, but asking to set a precedent to allow a variance in this case is not in the best interest of the City, do not feel should be granted. Bob Stein, speaking from the audience, questioned if a compromise could not be made to allow the sign, amortize the sign so that the cost of lowering is not a burden. After some further discussion on motion of Cm. Burton, seconded by Cm. Hegarty, the Council continued the public hearing until the meeting of May 24, 1982, at 8 p.m. by the following vote: Ayes: Cm. Burton, Hegarty, Moffatt and Mayor Snyder; Noes: Cm. Jeffery. * * * * CM-1-64 C PLANNING COMMISSION APPOINTMENTS Mayor Snyder indicated that a list of 13 names had been established as possible appointments to the Planning Commission: John Alexander, Wayne Barnes, Herb Bettencourt, Fred Drena, Bruce King, James Kohnen, Eddie Jo Mack, Richard Mahan, Thomas Richards, Robert Stein, Wm. Tenery, Georgean Vonheeder, Ted Woy. The Council must now designate five members of the Planning Commission. The Council decided to use their listing as a ballot, checking five names and a tabulation made. RECESS A brief recess was called, with the meeting reconvening with all Council members present. The tabulation re selection of Planning Commissioners having been completed the Mayor announced the results as follows: John Alexander, Tom Richards, Wm. Tenery, Georgean Vonheeder, Ted Woy. On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the above named persons were selected as Planning Commissioners. The Mayor also announced that an organizational meeting would be held next Monday, May 3, 1982, at 7:30 p.m. , and in addition thanked all those who applied, this a most important group, the Council is most grateful to the members who will be working with the community. * * * * COMMENTS RE DRUG PROBLEM Mr. Leonard Bowe spoke to the Council re several items he had found in his home which led him to realize that there is a drug problem, a hash pouch, matches, and cigarette papers, roach clip (suture scissors) magazine (High Times) which has various order blanks for drug paraphernalia, phony ID cards, scale to measure smokeables, recipes for fudge, illegal stimulants, etc. Apparently this type of magazine is sold at the local 711 , and when he asked the store not to sell this type of magazine when small children hang out there he was almost thrown out of the store. Mr. Bowe went on to detail his son's problems at school for marijuana use, his attendance at a seminar on drug use, and the inability to make his son desist from using drugs. Cigarette papers are available almost in every supermarket, with apparently no restrictions as to those purchasing. Mr. Bowe was asking the Council to make it difficult to purchase cigarette papers, or any other drug paraphernalia in Dublin. Mayor Snyder indicated that there had been discussion re this problem earlier at a Council meeting, and asked Mr. Nave to summarize the possible action which could be taken. Mr. Nave stated that there is some thought that this situation has been preempted by the State law, again it is not like the safe and sane fireworks situation, cities are allowed to "regulate" not "prohibit". The County of Sacramento has enacted a ban ordinance, it was upheld and not appealed. Pleasanton has started to enact an ordinance also. DM-1-65 Cm. Moffatt felt that intervention is the only effective program, there are programs which do intervention seminars, etc. The school personnel have not become involved in such a program, which in his opinion is the best way to proceed, the answer is intervention. Cm. Moffatt also expressed his opposition to the provision of "smoking areas" which are designated at schools. Cm. Jeffery also suggested that when a police agency is selected it may be well- to ask for special emphasis on this type of program in the community. A citizen in the audience explained that he was Mr. Moffatt's replacement on the Drug Advisory Committee, and he stated that the reason Dublin had not been a part of the program was because they had not asked for it. Other areas of the County have the program, Dublin supposedly does not have a drug problem. Rich Metzner indicated that maybe the schools need to be contacted for advice to the Council as to what course to follow; another citizen indicated his belief that the problem should be tackled at the 4th and 5th grade levels. The staff was asked to obtain the report and copy of the ordinance which Pleasanton is about to act upon for the Council also the Sacramento ordinance. * * * * ORDINANCE AMENDMENT FIREWORKS SALES On motion of Cm. Burton, seconded by Cm. Hegarty, the Council voted unanimously to adopt the proposed amendment which limits sales to persons over the age of 18 years as follows: ORDINANCE NO. 12 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 10 REGULATING THE SALE AND USE OF FIREWORKS * * * * FRANCHISES - GAS AND ELECTRIC - PG&E It has been requested by Pacific Gas & Electric Co. that the City grant a gas and an electric franchise for an indeterminate term. Concern was expressed by the Council that a shorter term would be best for the City of Dublin. Mr. Terry Scott, representing PG&E Co. stated that the benefit to his company for an indeterminate term is lower rates, allows cheaper financing of public utility bonds which is reflected in reduced rates to the customer. It concerns the ability to sell bonds, bond buyers want to have franchises extend at least 5 years beyond the term of the bonds. Also discussed was the fee possible to be paid (approximately $75,000 per year) the possibility of wanting to withdraw from the franchise, is that possible, why a shorter term, how long a term is suggested, how many years? It was finally DM-1-66 ® ! ' decided to adopt the following resolutions with the word "indeterminate" removed and on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote the following resolutions were adopted: RESOLUTION NO. 19 RESOLUTION OF INTENTION TO GRANT ELECTRIC FRANCHISE RESOLUTION NO. 20 RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE * * * * REPORT - CITY ATTORNEY - Business Regulations Mr. Nave explained that the item should be deleted, an ordinance had been prepared for revenue raising purposes not regulations, and it was discovered that Alameda County's ordinance had not been adopted prior to Prop: 13 passage therefore we would be creating a special tax. This matter could be discussed at a later time. * * * * REPORTS FROM COUNCILMEMBERS (Spring) Cm. Moffatt expressed concern re the.Alammelia Spring, located at Dublin Blvd. and San Ramon Road, suggesting that the City take over the property which is being filled with debris. It is an historical location, set aside by Blackwell the former owner, for a small park-like area. Concern was expressed as to who actually owns the property, the water is polluted, it should be investi- gated as to what can be done in the future. (Police Services) Cm. Moffatt also expressed concern re the police services for Dublin, if the County is selected it may be best to obtain an extension of current services • in the interim. Mr. Gaekle reported that the figures had been promised for this week, but had not been received. The County had been asked to submit draft figures based on what was being provided now, then the City Council could make a decision. * * * * ACTEB/ACAP Representative Cm. Moffatt was designated as the City's representative to this Board. * * * * CM-1-67 ADJOURNMENT There being no further business to come before the meeting it was adjourned at 11 :05. APPROVED Mayor • ATTEST City Clerk * * * * - Regular Meeting - May 10, 1982 A regular meeting of the City Council , City of Dublin was held on May 10, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:35 p.m. by Mayor Snyder. ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. * * * * PROCLAMATIONS Boston Marathon Runners Two participants in the Boston Marathon, Mary Weaver and Dick Cochran, were presented with proclamations honoring them on their achievement and thanking them for representing Dublin in the event. Both expressed their appreciation and indicated their pride in participating in the marathon. It was most amazing how everyone reached out to the runners, it was most inspiring. * * * * ALAMEDA CO. LIBRARIAN i Ginnie Cooper Ms. Cooper, County Librarian, explained their hope that now that Dublin is a City it will continue to have library services provided by the County, as is now the case in. the District which is County wide. If Dublin wishes to continue services they should express that wish officially. Also, the City should appoint a representative to the Advisory Committee, which acts as an advisory body to the Librarian and to the Board of Supervisors. On motion of Cm. Burton, seconded by Cm. Jeffery, the Council voted unanimously to request preparation of a resolution to establish the procedures for continuing the County Library services, including a method indicated for increasing the services, there is to be a certain time, five years in length, but it can be reviewed any time prior to that period. * * * * CM 1-68 C ORAL COMMUNICATIONS (Request for Banner) Mike Kyle, representing the Pleasanton Rotary Club, stated that their 7th annual Arts and Crafts Fair is being held in October. They would like to have a banner advertising the fair installed in Dublin, possibly across - Dublin Blvd. for a week or two prior to the event. Does the City have a provision for such an installation, and the Mayor asked the City Attorney to review the current ordinances to see if there is any permit necessary, just an encroachment permit, or permission from PG&E to use their poles. Cm. Burton indicated that he believes the County does have a provision for such an installation, with a $15 permit necessary. Mr. Nave also reported that he had seen banners advertising organizations which were charitable or non-profit, the Council may wish to limit the use of banners to those purposes. Also, a time limit should be part of any regulation. (Mosquito Abatement District Representative) The City's representative to the District reported on the meeting attended, and stated that a measure will be on the ballot soliciting funds for the District, a representative will make a presentation to the Council soon. Due to the heavy infestation of mosquitos in the area this year resulting from the rainy season, with water standing in ponds, the District is having difficulty with their programs. Further reports will be given as meetings are attended. * * * * WARRANT REGISTER There were 16 claims presented in the amount of $15,921.46, approved for payment by the City Manager, and on motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the warrant register dated May 10, 1982, was approved. * * * * PROPOSED ORDINANCE (Drug Paraphernalia) The City Attorney has prepared two ordinances're this matter as requested by the Council for review and discussion. One would regulate the sale of drug paraphernalia, the second bans the sale, distribution and display of drug paraphernalia. In general the ban is based on the Sacramento County ordinance, which was challenged, with the County prevailing, no appeal was made. In this proposed ordinance, the sections re Intent and Finding should be read for the benefit of the Council and audience, since they would be those adopted by the Council CM 1-69 tio The regulating ordinance is based on the Lakewood ordinance, which was upheld on several levels in California, and is generally the regulation adopted by the State in the Health and Safety Code. This ordinance requires the purchaser of any paraphernalia to register their name at the time of purchase, said records open at all times to law enforcement officers, which might be a deterrant to purchasers. There is no question that the regulation ordinance would stand a test if one were filed, the ban ordinance has not been tested at the appellant level . Upon a question re sale of magazines, Mr. Nave explained that such a regulation would run afoul of the first amendment guarantees to publishers. The ordinances do not address the "look alike" drugs; also fees for regulation can be adopted, not for revenue. Also discussed was the wording of "Intent" and "Finding" in the ordinance; fixed location, which is required wording; should the definition of mis- demeanor be a part of the ordinance. Cm. Jeffery expressed the feeling that requiring registering upon purchase as a deterrant, however, the Council generally felt that false identification was extremely easy to obtain and the register would not be of much validity over the life of the ordinance. On motion of Cm. Burton, seconded by Cm. Moffatt, the Council voted unanimously to add a section titled Misdemeanor, utilizing the standard language. On motion of Cm. Hegarty, seconded by Cm. Burton, the Council voted as follows to introduce and read the ordinance on a ban the distribution and display of drug paraphernalia: Ayes: Burton, Hegarty, Moffatt and Mayor Snyder; Noes: none; Abstain: Cm. Jeffery. Further discussion was held re the language in Section 8. Finding and it was decided to eliminate the wording re "damage to the youth" and in Section 9. eliminate the wording re "thinly staffed" and "intolerable" and "by adults" . On motion of Cm. Burton, seconded by Cm. Hegarty, the Council voted to introduce the ordinance as modified and read, by unanimous vote. Mayor Snyder also indicated that the Chamber of Commerce has expressed support of the ban on drug paraphernalia. * * * * REPORT FROM CITY MANAGER (County Contracts) Mr. Ambrose reported that he had received the figures for public works contracts,. the Sheriff's contracts, Animal Control figures shortly; the Sheriff's figures approximately 1.1 million; the public works $650,000. A number of issues have to be determined, further reports will be forthcoming re the various components. Some discussion was also held re comparisons between the County and other entities who have submitted a proposal or expressed interest; should the. City extend the contracts for a six month period, or will the County push for a one year period. * * * * CM 1-70 OTHER BUSINESS (Tree Trimming) Cm. Jeffery questioned who is doing the tree trimming in Dublin, she has had some citizen complaints. Mr. Ambrose will inquire. (Dialogue re Recreation with DSRSD, Murray School District, Sports Groups) Cm. Moffatt expressed the possibility of studying recreations with the above groups, the City should be thinking about various parks, each entity seems to feel it is the others responsibility. Cm. Moffatt volunteered to be on the group and the Council had various ideas re other parks, possible school closures as that would relate to existing parks. Mayor Snyder suggested that Mr. Ambrose contact the School District, DSRSD and ask them to establish representatives to the group, establish a meeting time and start the discussions off, it can be expanded as necessary. Any conclusions can be referred to the Council for any action. Cm. Hegarty also expressed his desire to also serve as a member of the group. (Vehicle Abandonment) A citizen has also complained re abandoned vehicles, the Sheriff tags, the owner moves the vehicles and nothing is done. Our ordinance probably covers the matter and Mr. Ambrose swill investigate. Also street lighting is a problem, this is a matter of discussion already, it will be part of the ongoing public works discussion. (Summer Youth Work Program) Cm. Burton suggested at some time in the future a work program with street sections assigned to various young workers, the current street sweeping is not satisfactory. This is an opportunity to provide work for youth in the summer. He would like to see the matter pursued as a potential program. Mr. Ambrose expressed the concern of liability, some serious reservations exist in such a program. Cm. Jeffery has a contact which will be given to the City Manager. * * * * (Cm. Hegarty had several complaints re animal control ; the scavenger company does not replace lids and debris is left, possibly this should be referred to DSRSD) . * * * * (ACAP/ACTEB Board) Cm. Moffatt has been designated as the City's representative, they also need to have an alternate designated, the Council should be thinking about an appointment. CM 1-71 4 (PG&E Franchise) . Mr. Ambrose reported that the PG&E has asked that the City indicate prior to the public hearing what term the City might be interested in designating rather than the indeterminate status suggested by the Company. The concern expressed by the Company is for long term invest- ments in the community. It was felt that they could live with a 25-30 year term, it seems to bother them that 600 other cities are all indeterminate, and Dublin is different, however they can live with a long term franchise. * * * * (Oppose AB 3011) Mayor Snyder requested permission to oppose AB 3011 re if a fireman contracts cancer during his employment it is presumed to be caused by job related activities. The Council agreed to take a stand against this proposed legislation and to notify the proper legislators. (Appointment - Cm. Jeffery) • Mayor Snyder announced that Cm. Jeffery had been appointed to the Alameda County Commission on the Status of Women, and congratulated her on the appointment. RECESS A recess was declared at this time. The City Council meeting reconvened, with all Councilmembers present, and on motion. of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote the following resolution was adopted: RESOLUTION NO. 21 RESOLUTION ESTABLISHING THE POSITION OF SECRETARY TO THE CITY MANAGER/DEPUTY CITY CLERK * * * * ADJOURNMENT There being no further business to come before the Council the meeting adjourned at 11:35 p.m. APPROVED Mayor ATTEST rM 1-72