HomeMy WebLinkAbout3.0 Approve 04-26-1982 & 05-10-1982 Minutes • r
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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.
* * * *
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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.
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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.
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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.
* * * *
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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.
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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
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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.
* * * *
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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.
* * * *
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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
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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.
* * * *
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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.
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(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
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