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HomeMy WebLinkAbout3.1 Approve 04-11-1983 Mintes REGULAR MEETING - APRIL 11, 1983 A regular meeting of the City Council of the City of Dublin was held on Monday, April 11 , 1983 in the meeting room, Dublin Library. The meeting was called to order at 7 : 45 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Hegarty , and by unanimous vote , the following were approved: Minutes of regular meeting of March 14, 1983 and adjourned regular meeting of March 15 , 1983; Warrant register in the amount of $36 , 759 . 51 ; RESOLUTION NO. 17 - 83 AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1983-84 PROCLAMATION - NATIONAL LIBRARY WEEK Mayor Snyder read proclamation declaring the week of April 17-23 , 1983 as "National Library Week" and presented proclamation to Eleanor Tandowsky, Branch Manager of the Dublin Library. PROCLAMATION - FAIR HOUSING MONTH Mayor Snyder read proclamation declaring April , 1983 as "Fair Housing Month" . CM-2-49 April 11 , 1983 CRIME PREVENTION PRESENTATION Sgt . Donna Cain from the Alameda County Sheriff ' s Department made a presentation re the upcoming promotion on crime prevention. Sgt . Cain explained that the best crime prevention device is the neighborhood watch program which enlists the active participation of citizens in cooperation with law enforcement to reduce crime in their communities and urged citizens to take part in the watch programs in their neighborhoods . The program is being put on in cooperation with the Cities of Pleasanton and Livermore and radio station KKIQ. Beginning May 14, a promotion will run at Stoneridge Shopping Center utilizing "Herbie the Talking Patrol Car" , and "McGrath the Crime Dog" . Various information will be available re the Sheriff ' s Department and the Dublin Police Services . On May 19 , at 8 : 00 p.m. at the Shannon Community Center, a community meeting will be held detailing the crime prevention program. A request was made for a resolution declaring the month of May as "Crime Prevention Month" . POLICE SERVICES HANDLING OF INCIDENTS OCCURRING ON BONNIEWOOD The City has received correspondence from Elmer & Diane Hanus , 7701 Bonniewood Court requesting a juvenile curfew in Dublin, and that stop signs be placed at Ardmore and Bonniewood and at Sharon and Bonniewood. Both Elmer and Diane Hanus addressed the Council , stating that in addition, on the evenings of March 27 , 28 and 29 , they were upset with the way in which the Dublin Police Services responded to complaints arising from parties that were held by one 18-20 year old individual in their neighborhood, whose mother was apparently out of town. Mr . Hanus reported that this minor is supplying alcohol and drugs to minors . Mr . Hanus stated further that he felt Dublin should have their own police department and that a curfew should be adopted. The City Attorney stated that loitering was held unconstitutional in California as a restraint on freedom of association, freedom of speech. Diane Hanus questioned how this state could allow these things to be passed as unconstitutional , when they are damaging her property, others ' property, store property, etc . The City Attorney explained that he felt the attitude of the courts is that if your property is being damaged by other private people , you should regress your grievances in a private lawsuit against the other people . You do have a right in this state to file a nuisance action. Other residents of this neighborhood who addressed the City Council were : Antonio & Kathleen Montemayor , Paul Hamilton, Alice Pitchford and Mary Raballo. The residents were unhappy with the methods used by the Dublin Police Services in breaking up the parties and complained of the drunk and disorderly conduct of 100+ people , some as young as 12 and 13 years of age . The residents felt that arrests should have been made , and a stronger effort made to disburse the crowds that gathered on 3 consecutive evenings . Cm. Burton stated that he very much sympathized with the residents , but felt in looking at the overall situation, the police handled a very delicate, and CM-2-50 Regular Meeting April 11, 1983 potentially volatile situation in an acceptable manner without confronta- tions . Antonio Montemayor addressed the Council stating he was very much concerned with the police services in Dublin, and his neighborhood in particular. He had noticed groups of youths hanging out at various locations in Dublin, i .e . Showbiz Pizza , and he no longer goes there . He stated it is common to see juveniles , clearly under 21 years of age , drinking beer in public parks , vehicles , sidewalks throughout the City, without any apparent fear of being talked with or arrested, etc . Mr . Montemayor felt that the low key approach taken by the police , resulting in no confrontation; the same results could have been accomplished by ignoring the problem. He felt the feeling of the partiers was that laws don' t apply to them in Dublin. He stated there was a serious problem in the police services being provided by the Sheriff ' s Department and the apparent lack of concern shown by the City Council . Lt . Tom Shores informed the Council and the Bonniewood residents that arrests would have had to been made as "citizen' s arrests" , and that he in no way recommended this as a solution; and further felt that a more aggressive approach on the part of the police would have escalated the tensions between the partiers and the neighborhood residents . Lt . Shores stated he felt a curfew would be a good idea , but seriously doubted whether it would be considered constitutional . His department forwarded charges in this case to the district attorney, but had learned that it was not considered a high priority item and had been dropped. After lengthy discussion, Council stated they sympathized with the Bonniewood residents and directed the City Manager, City Attorney and Lt . Shores to work together to identify the alternatives available to the City in order to prevent such occurrences in the future . Staff was also directed to look into speed mitigation measures on the streets of Ardmore and Sharon. REQUEST FROM VALLEY MEMORIAL HOSPITAL Valley Memorial Hospital is requesting the City to support its Certificate of Need application. After discussion, on motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote , the Council agreed to table this request until such time as other hospital facilities in the area can make presentation with regard to future plans . PROPOSED ANNEXATION OF EAST CONTRA COSTA BY EBMUD The City has received a letter from John George , Chairman of the Alameda County Board of Supervisors , regarding the proposed annexation of Contra CM-2-51 Regular Meeting April 11, 1983 Costa Water District by East Bay Municipal Utility District . The Board has requested that the City of Dublin, along with other jurisdictions in Southern Alameda County, indicate its interest in being annexed to EBMUD in the future . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote , the Council directed Staff to indicate that the City is interested in being included in the study. RECESS A short recess was called. All Councilmembers were present when meeting reconvened at 9 : 35 p.m. REQUEST FOR MEDIAN BREAK ON DUBLIN BOULEVARD At a previous City Council meeting, Daniel Summers , representing Bedford Properties , requested that the City consider construction of a median break on Dublin Boulevard in front of the Orchard Supply Hardware Store , to provide better access to the property presently occupied by Orchard Supply Hardware Store and Ross Department Store . The City Council asked the City Enginer to determine if this request could be reviewed apart from an overall study of Dublin Boulevard. The City Engineer indicated that this request can be studied separately and that such a study could be completed in approximately three weeks . Mr. Summers indicated that Bedford Properties would pay the cost of the study, approximately $1 , 300, and also the cost of contructing a median break, if the study indicated that such construction would be desirable . On motion of Cm. Jeffery, seconded by Cm. Burton, and by- unanimous vote , the Council authorized the City Traffic Engineer to undertake such a study, provided that Bedford Properties deposits sufficient funds with the City to cover the cost of the study. Council also directed Staff to look at the feasibility of removing the entire median along this section of Dublin Boulevard. ADDITIONAL LIBRARY SERVICE In response to an inquiry by the City Council in the fall of last year regarding whether the City could have increased hours at the Dublin Library, the County Librarian prepared a report which identified the cost of opening the Dublin Library additional hours . If the City is interested in increasing the number of hours which the Dublin Library is open, the Librarian suggested opening the Library an additional 8 hours on Monday from 10 a.m. to 6 p.m. The cost of adding these hours would total $37 ,590 per year , plus any salary increase negotiated for County Library employees on July 1 , 1983. CM-2-52 Regular Meeting April 11, 1983 On motion of Cm. Moffatt , seconded by Cm. Jeffery, and by unanimous vote the Council agreed to suppport the concept of providing financial support to provide additional hours of service at the Dublin Library. The Council further gave direction to Staff to include this service in the preliminary budget for consideration during the City ' s budget hearings in June . STREET VACATION - EXTENSION OF HANSEN DRIVE A 60 ft roadway easement was offered for dedication as a part of a Parcel Map filed in 1973 . An eight lot subdivision is now proposed over one of the two lots in the original Final Parcel Map and the alignment and width of the street has been changed. The City' s vacation of the original right-of-way will allow the new street alignment to be platted as the ultimate layout . This vacation shall be effective concurrent with the filing of the Final Map, thus maintaining access to the adjacent property. A motion was made by Cm. Jeffery and seconded by Cm. Hegarty to approve the resolution as written. Following discussion, the motion and second were withdrawn and Staff was directed to contact the land owner for approval and also to request a title report from Valley Christian Center, the adjoining property owner. Staff was directed to come back at a future date with the additional information. ORDINANCE AMENDING ZONING ORDINANCE TO PERMIT REZONING OF REAL PROPERTY An ordinance regarding PA 83-002 Motor Lodge Associates was introduced at the City Council meeting of March 28, 1983. On motion of Cm. Jeffery, seconded by Cm. Moffatt , the reading was waived and the ordinance was adopted. << ORDINANCE NO. 3 - 83 AN ORDINANCE AMENDING ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN ORDINANCE AMENDING CONFLICT OF INTEREST CODE FOR ADMINISTRATIVE STAFF The designation of Lee Thompson of Santina & Thompson as City Engineer was effective on February 1 , 1983 . The City Attorney has ruled that although the City Engineer is an independent contractor, he is still an official of the City and must be subject to the City ' s Conflict of Interest Code . CM-2-53 Regular Meeting April 11, 1983 On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote , the reading was waived and the following ordinance introduced: ORDINANCE AMENDING CONFLICT OF INTEREST CODE FOR ADMINISTRATIVE STAFF STREET NAMING & NAME CHANGING PROCEDURE On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote , the reading was waived and an ordinanance introduced establishing the procedure for changing of street names . ORDINANCE FOR THE ESTABLISHMENT & CHANGING OF STREET NAMES On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote , the wording in section 5-28. 14 will include "notify property owners within the affected area" . STREET NAME CHANGE - VOMAC ROAD to WEST VOMAC ROAD When Vomac Road was extended west of San Ramon Road, street numbers were assigned for an east west street rather than continuing the north south numbering system of the existing street . To ease the confusion of finding house adresses it would be prudent to change the name of one of the two segments of Vomac Road. On motion of Cm. Moffatt , seconded by Cm. Jeffery, and by unanimous vote , the Council approved the initiation of a street name change study. OTHER BUSINESS ,t. Delivery of City Council Packets Cm. Burton requested that Staff deliver City Council packets on Thursday rather than Friday in order that Council has sufficient time to review contents . League of California Cities Conference Cm. Burton and Cm. Moffatt each gave a synopsis of the recent seminar they had attended put on by the League of California Cities in Fresno. Each gained many many ideas for possible consideration and future use in Dublin. CM-2-54 Regular Meeting April 11, 1983 Revenue & Taxation Committee Meeting Cm. Jeffery indicated she had attended the one-day committee meeting in Los Angeles last week and gave Council a brief report on several pending issues . Cm. Jeffery mentioned that there was a presentation made by a company who wished to have a state lottery. Three different lottery bills are currently pending in the state . City Base Map - Request for DSRSD to Share Cost Cm. Jeffery questioned whether the City had had any response from DSRSD with relation to mapping issue? The City Engineer indicated he had been advised that the matter would be going before their committee next week. Senate Bill 142 Cm. Jeffery questioned status of this senate bill? The Council asked that Staff follow up on this bill and advise . J. J. No Right Turn on Red Cm. Hegarty informed the Council that he had spoken with the City Engineer with regard to request for "No Right Turn on Red" on two of Dublin' s streets (Amador Valley Boulevard at Donahue and at San Ramon Road) . He requested that this item be agendized for the next meeting. Cable Television Seminar The City Manager asked that any Gouncilmember planning to attend the Cable Television Workshop seminar on April 30th, please advise Staff so registration can be completed. Police Services Contract Review The City Manager asked the Council ' s preference with regard to the review of the police contract . Consensus of Council was to hold a special meeting, tentatively on Wednesday, April 20th at 7 : 30 p.m. , in the Library meeting room, if it is available . Discussion was held relative to whether or not this would be an appropriate item for discussion in a closed executive session. The City Attorney was directed to investigate and report back. CM-2-55 Regular Meeting April 11 , 1983 Lawsuit - Daniel Reyes The City Manager advised the Council that the City received earlier this week, a lawsuit filed by Daniel Reyes , claiming false arrest . It has been turned over to the City Attorney. J- Los Positas Project The City Manager indicated that there will be a meeting on the Los Positas project on April 22 , 1983 at 1 : 00 p.m. in the County Public Works Building. The revised Draft EIR will be discussed. The Planning Director indicated the City has received a copy of the revised Draft EIR. BART Study The City Manager reported that he had been advised today that the BART interim report is available and will probably be distributed next week. They are requesting that this report get out to as much of the community as possible . Possible ideas would be to contact the Chamber and also some of the major employers in the community and provide them with a copy of the report . Cm. Jeffery suggested placing a copy in the library. J. .V Parks &Recreation Advisory Committee The City Manager advised that the Parks & Recreation Advisory Committee has met and developed a survey, which would be distributed through the schools . One of the questions brought up by the committee was the concern over the expiration of the contract on June 30 , 1983 for Shannon Center. Mr. Ambrose spoke with representatives from DSRSD who advised that if the City wishes something done other than renewing the contract with the San Ramon Valley Community Center, they should provide DSRSD with a report or request very quickly. Cm. Burton questioned the City ' s options . Mr. Ambrose indicated that DSRSD had advised that the facility was booked with events for the rest of the year. Were the City to become involved at this point , we would not only take over the scheduling of events for Dublin, but for San Ramon as well . Mr . Ambrose stated he felt the committee wanted to keep the option of being involved open this fiscal year. Consensus of Council was that singling out the Shannon Center was inappropriate , when overall parks & recreation activities are being discussed. Mayor Snyder felt that the renewal for an additional year would give Dublin time enough to prepare for some type of proposal and decision, and also time to work with the new City of San Ramon as far as what their wishes are . J. J. CM-2-56 Regular Meeting April 11, 1983 Proposed Toll Increase The City Manager presented a letter received from Floyd Sparks , publisher of the Sparks Newspapers , regarding a proposed toll increase . He is asking that the City write a letter to MTC opposing this increase . Consensus of the Council was to back Mr. Sparks ' position, and direction was given to Staff to send a letter to MTC with a copy to Supervisor Bort and Mayor Val Gill , San Leandro. Santa Rita Jail Advisory Committee Cm. Burton advised the Council that he has been appointed to the Santa Rita Jail Advisory Committee . They will be studying 2 basic issues : 1 ) location of jail , and 2 ) the kind of jail and how long it will take , the financing , etc. Cm. Burton stated any ideas or suggestions along these lines would be welcome as he would be attending his first staff level meeting the next day. ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 11 :40 p.m. _4 Mayor ATTEST: City Clerk CM-2-57 Regular Meeting April 11, 1983