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HomeMy WebLinkAbout3.1 Approve 10-10-1983 Minutes 1.i REGULAR MEETING - OCTOBER 10, 1983 A regular meeting of the City Council of the City of Dublin was held on Monday, October 10 , 1983 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 35 p.m. by Mayor 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. Jeffery, and by unanimous vote, the Council approved the minutes of the regular meetings of August 8 , 1983 and August 22 , 1983 ; Warrant Register in the amount of $78 , 523 . 89 ; RESOLUTION NO. 54-83 APPROVING THE MODIFICATION OF THE CITY ' S EMERGENCY AMBULANCE PROGRAM AGREEMENT WITH ALAMEDA COUNTY; awarded bid for city office partitions to Dublin Office Supply; RESOLUTION NO. 55-83 APPROVING NATIONAL FLOOD INSURANCE PROGRAM DOCUMENTS ; accepted improvements under Contract 83-1 (Dublin Boulevard/Silvergate Drive Intersection and Village Parkway Median Improvements) ; RESOLUTION NO. 56-83 APPROVING AN AGREEMENT WITH ALAMEDA COUNTY FOR THE COST SHARING OF THE DUBLIN BOULEVARD/SILVERGATE DRIVE INTERSECTION IMPROVEMENTS ; authorized additional appropriation and utilization of County Gas Tax funds for both projects . CM-2-180 -'1L� J ✓I ��. October 10, 1983 INTRODUCTION OF NEW STAFF MEMBER The City Manager introduced the City ' s newest employee, Cecelia Farias, who will be performing as Secretary in the Building Inspection Department. VILLAGE PARKWAY NOISE Mr . George DeLaCruz , 7515 Sutton Lane addressed the Council with concerns related to the continual racing that goes on on Village Parkway : Mr . DeLaCruz indicated he had contacted the police department on several occasions and had received no satisfaction. He complained that the AM/PM Mini-Mart sells beer until all hours of the night, and each time someone leaves this Mini-Mart, they. burn rubber and squeal out onto the street. Lt . Shores indicated his department would meet with management of AM/PM Mini-Mart in an effort to resolve this situation. He also would try to arrange for extra patrol checks of this area. He felt the ideal would be to have a marked car in the area as much as possible . Staff was directed to talk with owners of AM/PM Mini-Mart to determine if a security officer could be provided or hours of operation could be limited, and also to determine whether any zoning approval had been given for the ARCO station at this site . LIBRARY Beth Grant DeRoos addressed the City Council, stating she wished to publicly thank them for funding the opening of an additional library day. She stated this was the first time since the passage of Proposition 13 that a City has funded a County library . CURFEW ORDINANCE - PUBLIC HEARING Mayor Snyder opened the public hearing. Liz Schmitt indicated she felt her son would be in violation of the proposed ordinance every day, as he delivers papers . The City Attorney clarified that it was a common understanding that loitering has a well known definition that is known by the average person, i .e. , sitting or standing around. Individuals such as Mrs . Schmitt ' s son, who is on his way to or from employment, obviously is not loitering if he is walking along the street on his route, or on his way home . CM-2-181 Regular Meeting October 10, 1983 The City Attorney read the Supreme Court ' s understanding of what loitering is : "Loitering, taken in its ordinary sense, prohibits tarrying and remain- ing in place . It does not prohibit merely being present on a sidewalk. " The purpose of this ordinance as read f-rom the Supreme Court Decision, in this state, which upheld the Sacramento Ordinance ( identical to the one proposed in Dublin) , "the evil to be prevented is danger to children and the incidents of juvenile crime during night time hours . To forbid juveniles loitering in the streets during night time hours has real and substantial relationship to the dual goal of protection of children and the community" . The ordinance in questions does not unduly restrict the rights of minors in view of these interests . The City Attorney stated that the wording should be added at the end of Section 2 "or on the way to or from employment" . Cm. Moffatt indicated he would like the ordinance referred to as anti- loitering rather than curfew. Liz Schmitt indicated she would urge the Council to urge the police department to deal with this situation in a manner that doesn ' t create more problems for the youth. Eileen Henderson questioned what would happen to someone who gets picked up for loitering . She further stated that everything is so expensive, the youth of Dublin really need a place to gather, a recreation center. Chief Shores indicated that the penalty for loitering is a misdemeanor, but explained that the purpose of this ordinance and the way it would be handled in Dublin would be for the officer to contact the parent and have them come after the child, or in the event that was not necessary, simply sending the child on home. Diane Hanus, Bonniewood Court, stated she disagreed with the 10 : 00 p.m. time and felt midnight would be more suitable on Friday and Saturday nights and , 10 : 30 p .m. on weeknights . Diane Tenery, Tamarack Drive, questioned whether the proposed recreation center would be considered against the law under this proposed ordinance. Clarification was made that it would not, as the recreation center would be a supervised place . Ms . Tenery felt it would be beneficial to have an officer talk with the students at Dublin High. Chief Shores indicated that very shortly an officer is being assigned and part of his duties will be to meet with Ms . King and Mr . Sorenson and others at Dublin High, with an objective of making himself available to talk with the Civics/Government classes and to explain arty new laws that might affect students . This should occur in about a week and hopefully this officer will be able to open up and create a rapport with Dublin High students . CM-2-182 Regular Meeting October 10, 1983 Brian Henderson, an 18 year old, indicated he was in favor of the ordinance and preferred 10 : 30 p .m. on weeknights and midnight on weekends . Mr . Henderson conveyed that he felt it was a good thing for the police to inter- vene in those situations where groups are hanging around as he himself had experienced this and stated there were times when the group is indeed looking for trouble . Beth Grant DeRoos indicated she had often seen young people out at 1 : 00 a.m. When she sees them out at this hour, she wonders if the parents know where their children are . She felt this was a good opportunity for the City Council to go on record that they are concerned about the kids and have supported this ordinance, but the ultimate major responsibility must be put on the parents . Nancy Tenery stated she supported the proposed ordinance with a time of 10 : 30 p.m. on weeknights and midnight on weekends . She felt the ordinance would help parents relay to the children that there is now a law against hanging around. Mr . Pat Henderson indicated support for the ordinance. He stated he was re- cently stopped by an officer while on his way home from work around 2 o ' clock in the morning. He stated it made him feel a little safer, and felt it would affect those teenagers who are doing nothing wrong the same way. Those that are doing something wrong, it will tend to keep them off the streets . Molly Henderson stated that when she came to the meeting, she was against the whole issue, but after having listened to both sides, felt it was a good ordinance . Julie Henderson indicated support for the ordinance . Mayor Snyder closed the public hearing. Discussion was held related to merits of changing the times stated in the ordinance. Lt. Shores explained that 10 : 00 p.m. is recognized as the accepted time that most people go to sleep, and further stated that he would hate to see the time changed due to enforcement problems . Cm. Jeffery made motion to adopt ordinance with changes discussed, leaving time at 10 : 00 p.m. The motion was seconded by Mayor Snyder, but was defeated due to no votes cast by Cm. Moffatt, Burton and Hegarty. Cm. Hegarty felt there should be more public input and was uncomfortable with adopting the ordinance on an urgency basis without additional public hearings . Cm. Burton made motion that time be changed Sunday through Thursday to 10 : 30 p.m. , and midnight on Friday and Saturday nights and additional wording be added as discussed, and that the section related to "immediate effect" be eliminated. The ordinance would therefore be introduced, with the reading waived. Cm. Burton did not wish to discuss the times for holidays, but rather this should be left to police discretion. The motion died for lack of a second. CM-2-183 Regular Meeting October 10, 1983 Cm. Burton made motion changing the time to 11 : 00 p .m. , each night. The motion was seconded by Cm. Moffatt . The motion was defeated by no votes cast by Cm. Jeffery, Hegarty and Mayor Snyder. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the ordinance was introduced, as written, with additions discussed, with immediate effect clause deleted, and reading waived. NOISE ORDINANCE At the request of Council the City Attorney prepared a draft ordinance for Council consideration. The City Manager read the draft ordinance . Mayor Snyder opened the public hearing. George DeLaCruz , 7515 Sutton Lane, questioned whether this ordinance covered automobile radios , and how this could possibly be enforced by the police department. George Zika, 8046 Peppertree, asked the City Manager and City Attorney what is "reasonable" . Mr . Zika stated the ordinance didn ' t address the person who runs their chain saw at late hours . The City Attorney indicated that if any part of the ordinance created any difficulty, it would be "reasonable" . The City Attorney indicated this ordinance has not been tested, but was basically devised by the City Attorney in Moraga, and whether or not it would ever be challenged remains to be seen . Cm. Burton felt this ordinance only addressed televisions, stereos, radios, etc . , but not other types of noise . Lt. Shores stated that the penal code ordinance wording that makes it so difficult to enforce is the wording "maliciously and willfully disturbs the peace of another person" . Lt. Shores stated that a police officer should not be put in the position of enforcing something that is not a prosecutable law. Scott Thompson, 6725 Elm Court, felt the law should be more specific, and should state all noise between the specified hours and that decibel meters be utilized. Beth Grant DeRoos felt concern related to barking dogs, and the garbage trucks that come around very early, and tree trimming crews that make a lot of noise . John Payton, Ironwood Drive expressed concern with other noises, i .e. boats and motorcycles . Mayor Snyder closed the public hearing. Cm. Moffatt questioned the loudness of home alarms and bells at religious ceremonies . CM-2-184 Regular Meeting October 10, 1983 Cm. Jeffery felt this was an unenforceable law and expressed concern with the fact that not all people work the shifts normally associated with the majority. She felt that since Dublin already has a law to deal with loud motor vehicle noises , this area should be left alone . Cm. Hegarty stated he agreed. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council agreed to table this ordinance until further problems arise. PET VACCINATION CLINICS The City has received a letter from the Dublin Chamber of Commerce protesting the City ' s approval of a conditional use permit to allow pet vaccination clinics . The Chamber requests that the City Council reconsider permitting weekend businesses to operate within the City. Scott Thompson addressed the Council stating that -the Chamber of Commerce expected no response , but rather just wanted to go on record that the Chamber did not support this decision. Cm. Burton clarified that local veterinarians have had opportunity to hold these clinics . SHELL OIL COMPANY REQUEST FOR DRIVEWAY OPENING ON SAN RAMON ROAD The City has received a letter from Shell Oil Company requesting reconsid- eration of reopening of the driveway at the Shell Station on San Ramon Road. Previously, as part of the adoption of the San Ramon Road plan line, the requested access was denied. Mr. Ben Maghsoudi addressed the Council and stated he is coming back before the Council with the same request of an opening into his station off San Ramon Road, as well as removal of the median on Dublin Boulevard. Mr. Will Urban, Shell Oil Company Real Estate Representative, indicated Shell Oil will go on record as supporting the San Ramon Road opening, and if there is a problem, they will put the curb back in, and pay for all the costs . Cm. Hegarty felt he would like to see the engineers sit down and try to come up with a safe plan for this request. Cm. Moffatt felt consideration should be given to somehow gaining southerly access . The City Traffic Engineer stated it was his understanding that the access rights were acquired by CalTrans upon the improvement of the I-580 freeway interchange . There was an actual payment for those access rights at that time, for the closure of the driveway. CM-2-185 Regular Meeting October 10, 1983 Cm. Jeffery felt this request creates a definite traffic hazard. Cm. Burton felt the Council could consider the median cut if the engineers could come up with an acceptable alternative . Mr . Urban indicated he would withdraw the request and come back at a later date . The City Traffic Engineer was directed to work with them when preparing the traffic study for Dublin Boulevard. PARKS & RECREATION COMMISSION BYLAWS AND RULES OF PROCEDURE At its meeting of September 21 , 1983 , the City Council agreed to establish a Parks & Recreation Commission for the City of Dublin. At that meeting, it was agreed that each Councilmember would appoint one representative to sit on the Commission . It was further agreed that the Commission would work at developing a Parks & Recreation Program and provide input to the City Manager on the selection of a Parks & Recreation Director or Contractor. Staff prepared and presented a set of draft bylaws and rules of procedure for Council adoption. The term the Commissioners would serve was discussed. Since the Commission serves at the pleasure of the City Councilmember who appoints them, the Commissioner should serve the same term as the Councilmember who appoints them. On motion of Cm. Hegarty, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 57-83 CREATING A PARKS & RECREATION COMMISSION AND ADOPTING BYLI�WS AND RULES OF PROCEDURE FOR THE COMMISSION PARKS & RECREATION COMMISSION APPOINTMENTS The City Council made the following appointments to the Parks & Recreation Commission: Councilmember Burton appointed Tom McCormick Councilmember Hegarty appointed Mae Hernandez Councilmember Jeffery appointed Barbara Donnell Councilmember Moffatt appointed Elizabeth Schmitt Mayor Snyder appointed George Zika Cm. Jeffery suggested that each Commissioner be given a copy of the Brown Act. CM-2-186 Regular Meeting October 10, 1983 AUTHORIZATION FOR BID - TRAFFIC SIGNAL INTERSECTION OF DUBLIN BOULEVARD & AMADOR PLAZA ROAD This project was approved by the City Council as part of the 1983-84 Capital Improvement Program. The total estimated project cost is $100, 000 . The developer of the Enea office complex was required to fund 25% of the cost of the signal as a condition of development. The timing of this project is such that the underground work will be completed prior to the proposed street overlay on Dublin Boulevard. On motion of Cm . Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized request for bids for the project to construct a four-way traffic signal with bid opening date of Monday, November 14 , 1983 at 10 . 00 a.m. STATUS REPORT ON POTENTIAL BART IMPACTS ON DUBLIN BOULEVARD A status report was given by the City Traffic Engineer due to several events that are underway which affect traffic and transportation in central Dublin. The Council discussed and provided guidance for input with which to begin formulating a response to BART. BART locations were discussed. Cm. Jeffery felt that underground parking should be considered. Staff was directed to come back at the next Council meeting with a draft response to BART, including those specifics discussed. OTHER BUSINESS Adjourned Regular Meeting - General Plan Discussion Cm. Jeffery questioned the date of the upcoming special general plan discussion meeting. The City Manager indicated the meeting would be on October 20tr ir, the Murray School District Board Meeting Room. Resignation - Councilmember Burton Cm. Burton read a letter which indicated that during the last few weeks he had found himself in the uncomfortable position of representing clients who have real estate projects in the City of Dublin. Because he had disqualified himself . from making any decisions on zoning even remotely connected to the projects, it had caused the Council to be one member short on some other key issues and since he could not foresee any substantial change in his respon- sibilities to his clients over the next few weeks, he wished to submit his resignation from the City Council, effective October 11, 1983 . CM-2-187 Regular Meeting October 10, 1983 Cm. Burton stated that it had been an honor and privilege to serve on Dublin ' s first City Council and assured the Council that he would continue to serve the community in any position the Council felt appropriate . Mayor Snyder indicated the Council certainly understood Cm. Burton ' s commitment to his profession. Various committee assignments were discussed and Staff indicated that a complete list would be presented at a future meeting for reassignment as appropriate . The City Manager explained that the Council has 30 days in which to appoint a replacement or call a special election. If an appointment is to take place, it must occur at a public meeting. Options were discussed with relation to appointment. Staff was directed to advertise that an opening exists . The cutoff date for acceptance of applications was discussed. The Council agreed to hold a special meeting on Tuesday, November lst to interview candidates and to make selection. ADJOURNMENT There being no further business to come before the Council, at 10 : 50 p.m. the meeting was adjourned to an adjourned regular meeting on October 20 , 1983 . Mayor ATTEST: City Clerk CM-2-188 Regular Meeting October 10, 1983 ADJOURNED REGULAR MEETING - OCTOBER 20, 1983 An adjourned regular meeting of the City Council of the City of Dublin was held on Thursday, October 20 , 1983 in the Murray Schol District Board Room. The meeting was called to order at 7 : 38 p.m. by Mayor Peter Snyder . ROLL ("ALL PRESENT: Cotincilmembers Jeffery , Hegarty, Moffatt and Mayor Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of alleg- iance to the flag. GENERAL PLAN PROGRAM REVIEW OF WORKING PAPER NO. 2 Mr . Tong explained that as part of the Dublin General Plan Program, Staff and the General Plan Consultant, Mr . John Blayney, have prepared the Working Paper No. 2 : Analysis of Planning Options . The planning options atemptE!d to address the issues identified in Working Paper No. 1 . The planning options which the City Council selected would give Staff and the General Plan Consultant direction for preparing the alternative sketch plans . The planning options were presented in two categories: 1) policy options that expressed the City ' s goals for the future 2 ) implementation options which showed what steps the City would take to achieve its goals . On September 15, 1983 , the Planning Commission selected planning options to recommend to the City Council . Staff prepared an annotated copy of Working Paper No. 2 with Planning Commission comments and recommendations . Mr . Blayney explained the method of proceeding through Working Pape_ No. 2 on an option by option basis . The City Council proceeded to make: changes to the annotated Working Paper No. 2 . Jobs/Housing Balance, Po-licy Options 1 and 2 , Council directed that "insist" be modified, and that projects be clarified to mean projects that may have effects on Dublin. CM-2-189 Adjourned Regular Meeting October 20, 1983 Housing, Policy Option 3 , Council directed the text to be reworded to maintain economic balance throughout the City . Housing, Implementation Options 1 and 2 , Council directed that the options be combined to have mixed density under a Planned Development type approach. Housing, Implementation Option 3 to be revised to permit single family to medium density (up to 9 dwelling units per acre) housing . Housing, Implementation Option 5 to be revised so that "require" is modified to "encourage" . Housing, Implementation Option 6 to be revised so that "limit" is modified to "regulate" . Housing, Implementation Option 7 to be held for further review. Housing, Implementation Option 8 to be held for more information and numbers regarding affordable housing definitions . Housing, Implementation Option 10 to be revised so that "require" is modified to "encourage" . Housing, Implementation Option 13 to be revised so that Council has option to increase density bonus . Commercial and Industrial Development, Implementation Option 2 to be revised so that "adding" is modified to "encouraging additional" . Commercial and Industrial Development, Implementation Option 3 to be revised- so that "mid-rise ( 4 to 10 story) " is modified to "multi-story" . Parks and Open Space, Implementation Option 1 to be held until later time and to be revised to add "if finacially feasible" . Parks and Open Space, Implementation Option 6, Council directed Staff to review conditions of approved subdivision. Public Lands, Policy Option 1 to be further considered in the alternative sketch plans . Public Lands, Policy Option 3 , Council directed that access to the east be provided but not necessarily by Dublin Boulevard extension. Circulation, Implementation Option 8 , Council stated its opposition to the option. Public Services , Policy Option 2 to be revised to allow alternative methods of expanding sewage treatment capacity . CM-2-190 Adjourned Regular Meeting October 20, 1983 Public Services , Sewage Treatment and Disposal , Policy Option 4 , Council stated its opposition to the option of individual septic systems . Staff and the General Plan Consultant stated that the alternative sketch plans would include those options supported by the City Council which could be designated in plan form. The alternative sketch plans would be prepared and ready for hearings next month. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12 : 15 a.m. Mayor ATTEST : City Clerk CM-2-191 Adjourned Regular Meeting October 20, 1983