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HomeMy WebLinkAbout3.1 Approve 05-14-1984 Minutes REGULAR MEETING - May 14 , 1984 A regular meeting of the City Council of the City of Dublin was held on Monday, May 14 , 1984 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 36 p.m. by Mayor Peter Snyder . ROLL CALL PRESENT : Councilmembers Hegarty, Jeffery, Moffatt , Vonheeder and Mayor Snyder . PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of alleg- iance to the flag . CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Moffatt , and by unanimous vote , the following were approved : Minutes of Regular Meeting of December '12 , 1984 ; Minutes of Adjourned Regular Meeting of April 17 and Regular Meeting of April 23 , 1984 ; Warrant Register in the amount of $216 , 904 . 61 ; Financial Report for Period Ending March 31 , 1984 ; denial of claim of Lynay Boykin, a minor , John Boykin and Kanda Boykin, and directed Staff to notify claimant and City ' s insurance carrier . PROCLAMATION HONORING McCHELL PIAllA Mayor Snyder read and presented a proclamation honoring McChell Piazza for her participation in and selection as third runner-up in the 1984 Miss T . E . E . N . Pageant , where she competed with young ladies from San Mateo and Alameda Counties . PUBLIC HEARING - APPEAL MARG-ETT ARTS & CRAFT SHOW CONDITIONAL USE PERMIT On April 16 , 1984 , the Planning Commission granted a Conditional Use Permit to Marietta Lewis to allow the outside sale of arts & crafts on 12 dates in 1984 , at the Dublin Plaza Shopping Center . The shows would be conducted on four dates in May, four dates in November and four dates in December . The arts & crafts would be displayed in the sidewalk area between Mervyns & Albertsons On April 23 , 1984 , CouncilmeMber Hegarty appealed the Planning Commission action, requesting that the City Council have the opportunity to review the_ application and make its own decision . _ CM-3-99 c� Flay 14, 1984 Staff recommended that the City Council establish a policy regarding arts & crafts shows and consider them either as 1 ) outdoor retail sales, which are prohibited by City policy and the Zoning Ordinance, or 2 ) neighborhood festivals, with individual events handled through the ACUP process and multiple events of up to 4 in one year handled through the CUP process . Cm. Hegarty questioned if any one of these businesses could apply for a Conditional Use Permit and if it wouldn ' t be better for them to be located at an available site ( Shannon Center/Heritage Park ) , rather than in a business district . There are many areas in Dublin specifically set up for communit1 activities . Cm. Jeffery questioned the need for permits related to the Murray School District Flea Market . Mayor Snyder opened the public hearing . Mar"ietta Lewis explained the purpose of her sales and the fact that she was very upset regarding this delay. She explained that all the items sold are handmade, and only artists participate in these sales . Cm. Jeffery questioned Ms . Lewis with regard to the way in which she chose who would be allowed to sell in her shows . Cm. Hegarty asked the applicant if they had ever tried to run their shows at Shannon Center or Heritage Park . Ms . Lewis indicated she had not, but would not be opposed to running them from one of these locations . Mayor Snyder questioned how the sales tax is handled. Mr . Lewis explained that each artist reports their own sales tax and each artist must have a license from the State Board of Equalization and that sales tax is reported based on the location of the sale, rather than the home location of the seller . Josephine Davidson indicated she has been participating in these types of sales for about 5 years and many people look forward to the sales as they carry merchandise that can ' t be purchased from local retailers . Mayor Snyder closed the public hearing . Cm. Hegarty indicated problems with past requests and felt very strongly that these shows should be run from an appropriate place . Mr . Lewis stated he felt the Council was trying to deprive them of their free enterprise system rights . Cm. Vonheeder explained the discussion that led to the approval of this application by the Planning Commission . She indicated the Planning Commission had discussed, at length, the differences between this and previous applications that were denied. Mayor Snyder read the Planning Commission minutes related to the approval of this application. CM-3-100 Regular Meeting May 14, 1984 On motion of Cm. Moffatt , seconded by Cm. Vonheeder , and by majority vote, the Council adopted RESOLUTION NO. 44 - 84 MODIFYING THE APPROVAL OF PA 84-014 , MARG-ETT ARTS AND CRAFTS SHOWS CONDITIONAL USE PERMIT Voting NO on this motion were Cm. Hegarty and Mayor Snyder . The. Council directed Staff to look at the possibility of drafting an ordinance that is understandable and which would obviate the need for the Council to review each application. BLANCARTE REZONING On April 23 , 1984 , the City Council adopted a resolution approving the Blancarte Rezoning and introduced an Ordinance amending the Zoning Ordinance . The rezoning involves a 40 , 000 sq ft parcel at Dublin Boulevard and Regional Street being rezoned from H-1 ( Highway Frontage) District to C-1 (Retail Business ) District . Mayor Snyder opened the public hearing . Mark Blancarte, the applicant, explained their intent for this property. They hope to complete by Christmas . Mayor Snyder questioned the proposed square footage of the building and whether their would be enough parking spaces in relation to the size of the project . Planning Director Tong explained that there was only a preliminary application for site development review pending, . which contained no specifications . Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 10 - 84 AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN CONSOLIDATION OF ELECTION WITH STATEWIDE GENERAL ELECTIO14 This ordinance was prepared by the City Attorney at the request of the City Council . The ordinance was introduced at the City Council meeting of April 23 , 1984 . CM-3-101 Regular Meeting Mla'y 14, 1984 This ordinance would have the effect of changing the City ' s Municipal Election from the second Tuesday in April of even numbered years to the first Tuesday after the first Monday in November in even numbered years . The ordinance would extend the terms of present City Councilmembers from 4 years and 2 years to 4 years, 7 months and 2 years, 7 months respectively. This ordinance would also result in municipal elections being administered by the County Registrar instead of the City Clerk . Cm. Jeffery questioned if this meant that the County would essentially be handling the election . City Manager explained that certain things would still be handled locally, but the majority would be handled by the Registrar of Voters . Dublin ' s issues would simply be added to any others contained on the ballot . There would be no specific local identity. Mayor Snyder opened the public hearing . No public comments were made . Mayor Snyder closed the public hearing . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 11 - 84 CONSOLIDATING THE CITY MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION AMENDMENT TO ORDINANCE ESTABLISHING A PLANNING AGENCY At its meeting of April 23 , 1984 , the City Council directed the City Attorney to prepare an amendment to Ordinance No'. 5 which would change the method of appointment and removal of Planning Commissioners to the Planning Commission. The City Attorney has prepared such a draft which was presented to the City Council . The City Attorney also indicated that the City Council may adopt this ordinance so that it will take immediate effect . Cm. Jeffery questioned if the aspect of residency requirement could be handled with this amendment . The City Attorney responded that it would be preferable to handle any changes the Council should desire to make with one amendment . Mayor Snyder opened the public hearing . Mrs . Heller expressed concern about what the overall plan was for Dublin. She felt concerns should be addressed with regard to Amador Valley Boulevard problems . CM-3-102 Regular Meeting May 14, 1984 Mayor Snyder explained to Mrs . Heller that there would be a Council meeting on the following night for discussion with regard to the General Plan, and here comments could be voiced at that meeting . Mayor Snyder closed the public hearing . Mayor Snyder felt concern that there is no vehicle for the City Council to know who is sitting on the Planning Commission at any given time . He felt the Council should at least be aware of any new appointment . Consensus of the Council was that any Councilmember who desired to replace their appointment would do so after notifying the Council in a Council meeting that they planned to do so. Discussion was held with regard to residency requirements of potential Commissioners . Cm. Jeffery felt preference should be given to Dublin residents . Cm. Moffatt felt perhaps a statement could be made allowing for one Commissioner to be a non-resident, but a Dublin business owner . Cm. Hegarty felt Commissioners should all be Dublin residents . John Corallo, owner of The Boat House, a Dublin business felt each Councilmember should be given the- choice of a resident or non-resident . Following discussion, Council consensus was that only Dublin residents could serve on the Planning Commission . On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by majority vote, the City Attorney read the amended version of the Ordinance and the Council adopted ORDINANCE NO. 12 - 84 AMENDING ORDINANCE NO. 5 ESTABLISHING A PLANNING AGENCY BY PROVIDING THE METHOD FOR APPOINTMENT AND REMOVAL OF PLANNING COMMISSIONERS Voting NO on this motion was Cm. Vonheeder . SEWAGE EXPORT EXPANSION FACILITIES The City has received a letter from Mayor Ken Mercer , City of Pleasanton, requesting that the Dublin City Council adopt a resolution supporting the expansion of the LAVWMA wastewater export facility and pipeline . CM-3-103 Regular Meeting May 14, 1984 Since the City of Dublin is not a member of LAVWMA, it does not seem appropriate that the City should adopt the same resolution that the City of Pleasanton adopted . Therefore , Staff has drafted a resolution that would express the City ' s support for the expansion of the LAVWMA wastewater export facility and pipeline . The City Council considered the request by the City of Pleasanton . On motion of Cm. Jeffery, seconded by Cm. Vonheeder , and by unanimous vote, the Council adopted RESOLUTION NO. 45 - 84 EXPRESSING SUPPORT FOR THE EXPANSION OF THE LIVERMORE-AMADO.R VALLEY WATER MANAGEMENT AGENCY WASTEWATER EXPORT FACILITY AND PIPELINE PLANNING COMMISSION APPOINTMENTS In accordance with City Council direction at its meeting of April 17 , 1984 , Staff advertised vacancies on the Dublin Planning Commission. The City received a total of 9 applications and letters of interest from persons interested in serving on the Planning Commission. The names of these applicants are : Richard A. Coleman, John S . Corallo, Harry W. Demmel, Arnold Durrer , Alex L. McCulloch, John S . Maloney, Brian P . Raley, William Michael Tenery and Jerome L . Weakland. Copies of the Planning Commission applications and letters of interest were presented to the Council for review. In accordance with City Council agreement at the meeting of April 17 , 1984 , Staff facilitated the. random drawing of the names of the 3 incumbent Planning Commissioners by those Councilmembers who were elected for 2 year terms . Cm. Hegarty' s appointment is Dave Petty Cm. Vonheeder ' s appointment is Eddie Jo Mack. Cm. Moffatt ' s appointment is John Alexander New appointments to the Planning Commission were to be made by those Councilmembers who were elected for 4 year terms , as was discussed and agreed to at the April 17 , 1984 meeting . Both Cm. Jeffery and Mayor Snyder indicated they were not yet prepared to make their appointments as they had not had sufficient time to review the information presented by each applicant . CM-3-104 Regular Meeting May 14, 1984 PARK & RECREATION COMMISSION APPOINTMENTS On April 17 , 1984 , the terms of the members of the Park & Recreation Commission expired . At the City Council meeting of April 17 , 1984 , the City Council rescinded the Bylaws in order that the Park & Recreation Commission would continue in office until May 14 , 1984 , at which time the City Councilmembers would announce their individual appointments to the Park & Recreation Commission . The City Council also authorized Staff to advertise for interested applicants to the Park & Recreation Commission. Since that meeting, the City has received 6 letters of interest from the following individuals : David Gullet, Richard Lange, Robert C. Lettis, Vincent Cacanindin-Meyer , Eric B . Ovlen, Norman H. Pitchford. In accordance with the Park & Recreation Commission Bylaws, each City Councilmember has the option of reappointing a Park & Recreation Commissioner or making a new appointment . Appointments to the Park & Recreation Commission were : Mayor Snyder appointed George Zika Cm. Hegarty appointed Mae Hernandez Cm. Jeffery appointed Barbara Donnell Cm. Moffatt appointed Elizabeth Schmitt Cm. Vonheeder deferred her appointment until such time as she could review the applicant list in more depth . Discussion was held with regard to whether or not Tom McCormick should continue in the capacity of a Park & Recreation Commissioner until Cm. Vonheeder is prepared to make her appointment . Cm. Hegarty made a motion which was seconded by Cm. Moffatt to have Mr . McCormick remain on the Commission until Cm. Vonheeder makes her appointment . This motion failed due to NO votes cast by Cm. Jeffery, Moffatt, Vonheeder and Mayor Snyder . Council consensus was that the Park & Recreation Commission would function with 4 Commissioners until Cm. Vonheeder makes her appointment . The fifth seat will remain vacant until the appointment . SHANNON CENTER LEASE AGREEMENT At its meeting of March 12 , 1984 , the City Council authorized Staff to present a proposal to the Dublin San Ramon Services District to lease and manage the Shannon Community Center . Staff was also authorized to negotiate the specific terms of the lease in accordance with the report presented to the Council on March 12 , 1984 . Since that meeting, Staff has met with the Dublin San Ramon Services District Staff to negotiate the terms of the lease . A draft lease agreement was prepared and distributed to the City Council on April 17 , 1984 for comment . CM-3-105 Regular Meeting May 14, 1984 On May 1 , 1984 , the Dublin San Ramon Services District Board of Directors approved the lease agreement with minor modifications . The changes were discussed . Questions were raised related to a glossary of terms; specifically, "normal wear and tear" and "adequate security" . Discussion was held with regard to the impact on the City ' s insurance policy by adding Shannon . Staff reported that they had been advised that adding Shannon would cause no drastic change in rates . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council approved the agreement as drafted; authorized a budget transfer from the Contingent Reserve to the Recreation Account in the amount of $3 , 000 ; and authorized Staff to take those steps necessary to move the Recreation Department to the Shannon Community Center. effective July 1, 1984 . SHANNON CENTER BID FOR JANITORIAL SERVICES In order to satisfy the City ' s lease agreement with the Dublin San Ramon Services District , provide an adequate level of building sanitation and cleanliness, as well as provide for user safety, it is necessary to secure a janitorial service :to maintain the Shannon Center facility on a regular basis . Staff felt that bids should be requested for the performance of janitorial services which could be easily performed during non-use hours . Contractor will provide proof of Janitorial Service Bond, Worker ' s Compensation coverage for employees , Certificates of Insurance for General Liability and Automobile Liability. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized Staff to solicit bids for janitorial service . BICYCLE SAFETY PROGRAM The Police Department has developed a summer bicycle safety program in response to a growing number of bicycle thefts and bicycle accidents within the City of Dublin. The program is set for Saturday, June 2, 1984 at Dublin High School . It is hoped that this program can be presented to the young people of Dublin before summer vacation. Chief Tom Shores briefly gave some background information and statistics, presented the program and answered questioned related to the program. Mayor Snyder questioned where the license would be applied. Chief Shores indicated the sticker would be placed underneath the, seat , and_ the program is strictly voluntary. CM-3-106 Regular Meeting May 14, 1984 Cm. Moffatt felt the program was a good one and would further the good rapport of the police department with young people . Discussion was held with regard to cooperation with other cities in this program. Cm. Jeffery asked Staff to look into the possibility of licensing mopeds and small motorized vehicles . REVIEW OF CONTRACT EVALUATION CRITERIA. Staff developed and presented a set of evaluation criteria for Council review to be used when reviewing police services , animal control services and engineering services . Council was requested to make any comments regarding changes in the evaluation criteria in order that the list could be finalized in time for the study session special meeting on May 21 , 1984 for review of the contracts Cm. Jeffery felt comments from the City Manager should be incorporated into the review. OTHER BUSINESS Weeding Program Comments were made related to the weeding program now underway. Most of the median areas have been completed and a substantial improvement in appearance has been noticed . League of CA Cities - State Board Representation Cm. Vonheeder reported that the East Bay Division of the League of CA Cities has not had representation on the State Board for many years . - Mayor Lionel Wilson from Oakland has been nominated, and they were asking the East Bay Division to support this nomination. Cable Television Advisory Committee Cm. Hegarty indicated that no one had yet been appointed to the Cable TV Committee , and felt this was an important appointment . Cm. Hegarty indicated he had spoken with Mr . Ed Chase who indicated his willingness to serve on this Committee . On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to proceed - with the appointment of Mr . Chase . Cm. Jeffery asked Staff to obtain a copy of the Pinole Cable TV Franchise. CM-3-107 Regular Meeting May 14, 1984 Amador Valley Boulevard Crosswalks Cm. Hegarty indicated he had received several reports that motorists are not adhering to crosswalks and allowing pedestrians to cross the streets , particularly on Amador Valley Boulevard. Countywide Transportation Committee Appointment Cm. Jeffery questioned if Staff had received any word regarding the Board of Supervisors appointments on the Countywide Transportation Committee. Staff responded they had not . Pleasanton/Dublin Transportation Committee Meeting Cm. Jeffery indicated the Pleasanton/Dublin Transportation Committee had recently met and appointed Barbara Shaw in Livermore as the interim manager to oversee putting together of the JPA. Mayor Snyder stated he felt the Council was going to have a chance to approve the appointment prior to it being made and expressed concern that the Committee go back and review this action. Cm. Jeffery felt this was a first step toward developing some mutual trust among the 'j cities . Cm. Jeffery further indicated she would provide the Council with copies of the minutes of the Committee meetings . Benches along San Ramon Road Bike Path Cm. Moffatt indicated people had approached him requesting that benches be placed along the San Ramon Road bike path . Parking of Recreational Vehicles & Trailers on City Streets Cm. Moffatt questioned if there could be an ordinance prepared which would prevent the parking of large vehicles, trailers, etc. , on public streets because they tend to block motorist ' s view and create a safety hazard. Staff was directed to review the County Code and also to research the Vehicle Code for possible ordinances already in effect which would address this situation. CM-3-108 Regular Meeting May 14, 1984 ACTEB Lawsuit City Attorney Nave gave an update on the outcome of the lawsuit involving ACTEB . Berkeley and ACTEB will each pay their own attorney fees . Dublin incurs no legal responsibility for any portion of the fees in this case. AB 2281 Mayor Snyder felt the Council should, at some future time, discuss AB 2281 which relates to compensation of City Councilmembers . They should decide what they feel is appropriate . Cm. Jeffery asked for clarification on certain points . Mayor Snyder felt it appropriate to consider an adjustment and asked Staff to determine how soon this could become effective . City Manager Ambrose indicated he would check with the League and agendize the item for the next regular meeting . ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 11 : 03 p.m. , to an Adjourned Regular Meeting on Tuesday, May 15 , 1984 , 7 : 30 p.m. , for continuation of the General Plan Hearing . Mayor ATTEST: City Clerk CM-3-109 Regular Meeting May 14., 19:114