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HomeMy WebLinkAbout05-26-1992 Adopted CC MinutesREGULAR MEETING - M&¥ 26~ 2992 A regular meeting of the City CounCil of the City of Dublin was held on Tuesday, May 26, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:40 p.m., by Mayor Snyder. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Jeffery, Moffatt and Mayor Snyder. Councilmember Howard. * * * PLEDGE OF ALLEGIANCE (610-9-0) Life Scout Bret Locus, from Troop 905 led the Council, Staff and those present in the pledge of allegiance to the flag. Bret stated he started out as a Cub Scout 4 years ago. He is trying to earn his Eagle rank and has been to a great number of summer camps. He has earned a lot of merit badges. Ballot Measure G (630-30) Guy Houston, 7611 San Sabana Road, introduced himself as Chairman of the Citizens Committee for Measure G. He thanked the City Council for having the vision of putting the question of a directly elected mayor on the ballot before the voters. The surrounding areas are all for this and the Valley Times and Tri-ValleY Herald have also come out this week in support of Measure G. Most importantly, however, the citizens of Dublin are in favor of having a directly elected mayor° CONSENT CALENDAR On motion of Cm. Burtons seconded by Cm. Jeffery, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved Minutes of Regular Meeting of May 11~ 1992; Received the Winter Quarter 1992 Recreation Programs Report (950-30); Adopted RESOLUTION NO. 56 - 92 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) and CM - VOL 11 - 203 Regular Meeting May 26, 1992 RESOLUTION NO. 57- 9Z APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Approved Warrant Register in the amount of $258,358.79 '(300-40). Cm. Moffatt requested that the sign report be pulled from the Consent Calendar for discussion. He felt that some folks seem to be having a hard time complying. He asked if it would be possible to request the landowner to make the changes or solicit his or her cooperation in getting these things done. Planning Director Tong advised that typically the person who owns the sign is contacted and the second person would be the landowner. If the City ultimately needs to abate the sign, we would contact both by registered letter. City Attorney Silver advised that under both the City's provisions and the State Code, we would be required to contact the property owner as shown on the last Assessor Roll and the property owner could be assessed. The property owner is an integral part of this process. Cm. Moffatt asked if there had been discussion in all cases. Mr. Tong responded that in some cases, there has been discussions with the property owners. Cmo Moffatt stated he felt the City is doing a great job in trying to bring signs into conformity. He understands reluctance on the part of a small business owner in changing a $3,000 or $10,000 sign. Cm. Burton questioned what the process would be after the July deadline. Mr. Tong advised that there is a fairly rigorous procedure set forth in the State Law that we will be following. The item will ultimately be brought to the City Council if Staff cannot resolve it. On motion of Cmo Moffatt~ seconded by Cm. Burton, and by unanimous vote (Cmo Howard absent), the Council received a monthly status report of existing Non-Conforming Signs identified on the Non-Conforming Sign Summary List (400-30). PUBLIC HEARING ORDINANCE AMENDING THE CITY'S CONFLICT OF INTEREST CODE (640-40) Mayor Snyder opened the public hearing. City Clerk Kay Keck advised that the City's Conflict of Interest Code requires that no public official at any level of local government shall make, participate in making or in any way attempt to use his/her official position to influence a governmental decision in which he/she [] [] [] · I · · · [] · · · · [] · · .I [] · · · I · · · · · · [] · [] · · · · CM - VOL 11 - 204 Regular Meeting May 26, 1992 knoWs or has reason to know he/she has a financial interest. Local agencies are required by State Law to review their Conflict of Interest Code on a biennial basis in order to identify changes which may need to be made. Ms. Keck advised that following a review by the City Attorney's Office and the City Clerk, staff recommended that several positions be added to the list of positions required to complete annual Statements of Economic Interest. These positions include: Administrative Services/Finance Director; Recreation Director and Assistant City Manager. In addition, the title City Engineer will be amended to Public Works DireCtor/City Engineer. Ms. Keck advised that the Fair Political Practices Commission, the state agency charged with enforcing the Political Reform Act, also requires that the position of Consultant be listed as a designated employee. Staff reviewed the filing requirements for a list of 30 Consultants. The City Manager may make determinations, based on criteria provided by FPPC as to which of the City's Consultants must file Statements of Economic Interest. Cmo Moffatt asked if the City Attorney is on the list. Ms. Keck responded that the CitY.Attorney's position is on the designated list to complete annual Statements of Economic Interest. Cm. Burton clarified that nothing was being done except adding names. MSo Keck responded that this was correct. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the Council waived the reading and INTRODUCED the Ordinance° PUBLIC HEARING - ORDINANCE ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM (1030-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that recent amendments to the Federal Clean Water Act and the California Regional Water Quality Control Board have made it necessary to adopt plans and programs to meet specific requirements: 1) effective prohibition of non-storm water discharges into the storm sewer; and 2) establishment of controls to reduce the discharge of pollutants from storm water systems to waters of the United States. Mr.~Thompson stated the City entered into an agreement to implement the Alameda County Urban Runoff Clean Water Program in order to obtain the required National Pollution Discharge Elimination System Permit to discharge storm water into the San Francisco Bay. The proposed Storm CM - VOL ~1 ~ 205 Regular Meeting May 26, 1992 Water Management and Discharge Control Ordinance will empower the City to implement pollution control measures that satisfy the program's requirements. The Ordinance also provides for authorized enforcement officials, including the Fire Chief, the Public Works Director/City Engineer, the Building Official, and their designated associates. Penalties range from misdemeanors, which carry a fine of not more than $1,000 or 6 months imprisonment or both, to infractions, which are punishable by a $100 fine for the first violation, $200 for the second violation in the same year, and $500 for each additional violation in the same year. Cm. Moffatt questioned with regard to enforcement, the relationship between the Alameda County Flood Control & Water Conservation District (ACFC&WCD) and the City. He asked if this had gone into effect and how we fit into the picture. Mr. Thompson advised that they own some of the creeks and issue Permits if anyone wants to work in there. We would respond if we see some illegal dumping going on. Cm. Burton stated he did not see any appeal process in the Ordinance. If someone is cited and arrested, does this go to the court system? Ms. Silver responded that it would be in the court system. Cm. Burton stateH this bothered him as there is a lot of subjective judgment° He could see people having a bad reaction to this. This Ordinance is very comprehensive and gives a tremendous amount of discretionary latitude to a representative of the City Manager. He is nervous about this large amount of discretionary power being given to one person. Also, they could close a business down if they think a business is likely to cause a discharge° Some individual who has the ability to assume that something is going to happen makes him nervous. Mr. Thompson advised that they would have to take samples during an investigation. Cmo Burton felt it should be modified in some way. A lot hangs on a Presumption. Mr° Thompson stated they would be concerned about people dumping things down the storm system. Some people cut their grass and dump it all down the system. Cm. Burton felt this could cause some tough times with our businesses. He requested that we start out being very gentle with these situations. It could affect a major business or homeowners in the community° Enforcement and fines were discussed° CM ~ VOL 11 - 206 Regular Meeting May 26, 1992 Ms. Silver advised that a person could be charged with a misdemeanor or could be cited as an infraction. Any right to appeal is through the court system. Violations could also be charged as a civil action. The City Council would decide this. It would then come before the City Council before a civil action is initiated. It is not possible to bring the City Council in as arbitrator because the Criminal Justice System is set up to process those types of violations and the State Penal Code would pre-empt the City from establishing a different type of appeal process. An enforcement officer would have to have some reasonable basis to issue Cease and Desist and reasonable evidence to inveStigate. The requirement for monitoring is not mandatory. Mr. Ambrose stated if someone has a hazardous spill on private property, the violation occurs when it goes into the storm drain system. This would give us the ability to prevent it from going into the storm drain system. There must be some built in protection for keeping these things out of the storm drains. Mayor Snyder closed the public hearing. Mayor Snyder pointed out that most of the terminology used is standard to NPDES~ If there is a violation, the City is responsible. It behooves us to do everything possible to prevent this from occurring° The City has to assure self-monitoringo We are a County permittee with all the other agencies. Ms. Silver advised that this Ordinance was prepared for all the cities in the COunty° The Ordinance will be adopted in pretty much the same format by all the cities. Cm. Burton stated he just feels there is a lot of loose ends. If a person was not doing his job the right way, it could cause a lot of problems° He was sPeaking from a businessman's perspective. Mayor Snyder stated he understood what Cm. Burton was saying, but if we are not doing this~ the State would probably be doing it. The thought was that it would be much easier to handle on a local basis. Cm. Burton stated he saw no reference to recycled water and asked if this should be included. Mr. Thompson stated the January, 1993 requirement says you have to have a total water policy to try and reuse water and reduce consumption° It is actually more of a policy issue° Cm. Burton questioned if people are responsible for what goes down the stream if a creek goes through their back yard. If a large storm occurs, a lot of debris could come down. Mr. Thompson advised that.this has occUrred before in the City and the answer is yes. There are some property owners who have ditches and they are required to keep the ditches clean. They are responsible for the part that is on their land. ~M - VOL ~1 - 207 Regular Meeting May 26~ 1992 Cm. Burton questioned who was responsible for the open space° Mr. Ambrose advised that they are all privately owned and each of the property owners are responsible for cleaning their portion. Cmo Burton asked when the City becomes responsible. Mr. Thompson stated on the big creeks, we don't have any rights to go onto the property. If it is dedicated to the City, we then become responsible. MSo Silver clarified that if you own property where a creek runs, you have an obligation to keep the stream free and not obstruct down stream users from getting water. Cmo Burton requested that the City Attorney investigate whether infractions can be appealed to the City CounCil rather than having to go through the court system. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by majority vote (Cm° Howard absent) f the Council waived the reading and INTRODUCED the Ordinance° Cmo Burton voted against this motion. ENCROACHMENT PERMIT ALMOND PLAZA DRIVEWAY ON SAN RAMON ROAD (670-40) Public Works Director Thompson advised that the owner of the Almond Plaza Shopping Center on Regional Street has submitted an application for a ConditiOnal Use Permit/Site Development Review for a new shopping center entrance off San Ramon Road. Mr. Thompson explained that because of a deed restriction on the property which relinquishes the property owner's rightS to access San Ramon Road, the property owner must obtain an encroachment permit from the City Council in order to obtain driveway access to San Ramon ROad. A Zoning Administrator hearing for this project is tentatively scheduled for June 3, 1992, and in order for the Zoning Administrator to act on the application, prior Council approval must be obtained. Mr° Thompson advised that Public Works Staff has reviewed the proposed location of the driveway and feels that such access would not adversely affect traffic on San Ramon Road° Staff is recommending that the new driveway be "in-only", because of its proximity to the San Ramon Road/Amador Valley Boulevard intersection. The City Attorney advised that the encroachment permit approval is not assignable and is proposed to be revocable at the desire of the City upon 3 months' advance written notice. CM - VOL 11 - 208 - Regular Meeting May 26, 1992 Mr. Thompson advised that David Malcolm apologized for being unable to attend this meeting due to a conflict in his schedule. Cm. Burton questiOned if the road behind the back of the building could be used for parking. Mr. Thompson stated he thought there was one-way parking there now. Cm. Burton asked if they will be able to put signs on the other side as a storefront. He also questioned circulation° Mr. Thompson advised that there will be signs showing this as a one- way road. He assumed that they would want to orient it toward San Ramon Road. It will go through a Site Development Review and Conditional Use Permit process. Cm- Moffatt questioned if the reason for ingress only with no egress was because there is not enough land there° Mro Thompson stated the problem is that some people might get out onto San Ramon Road and try to make a u-turn at Amador Valley Boulevard and there isn't enough space to safely cross all the lanes of traffic. Also~ the property owner is mainly concerned with getting people into the center. On motion of Cm. Jeffery~ seconded by Cm. Burton~ and by unanimous vote (Cm. Howard absent)~ the Council adopted RESOLUTION NO. 58 - 92 GI~%NTING AN ENCROACHMENT PER~IT TO DAVID NALCOLM FOR DRIVEWAY ACCESS FROM SAN RAMON ROAD BETWEEN ANADOR VALLEY BOULEVARD & DUBLIN BOULEVARD TO PROPERTY LOCATED AT 7150-7222 REGIONAL STREET OTHER BUSINESS Historical Preservation (910-40) Cm. Burton indicated he had received a copy of a letter sent to Diane Lowart from the City Attorney regarding the cemetery and the difficulties facing us regarding the use of that property. He requested that this be placed on the next City Council agenda so that we can drop the cemetery and school from the Measure AA grant application. There is no use spending Staff time on this until it can be resolved~ particularly since it can't be resolved before the June 15th deadline. He suggested that Measure AA dollars be put toward the church alone° Cm. Moffatt clarified that the meeting would be to give Staff direction to not put any more time toward acquisition of the cemetery property. CM - VOL 11 - 209 RegUlar Meeting May 26, 1992 Cme Burton stated it could be the church only~ the historical building. Cm. Burton asked Ms. Lowart if there was a meeting planned for the Task Force~ as he was anxious to move forward. Ms. Lowart advised that~she would discuss this with Cm. Burton after the Council meeting. Inquiry Regarding Resolution of Court System Complaint (580-75) Mayor Snyder asked if any information had been obtained regarding the different amounts for parking citations at Dublin High School. Ms. Joyce Alcamo~ 7605 Knollwood Place inquired at the May llth Council meeting~ She felt she was getting the run around from the Court. Lte Norm Gomes advised that the Court Clerk is supposed to be drafting a response and getting back to him. He spoke with Mike Alexander~ the Court Clerk and he advised that it has to do with a person receiving a prior citation and that was the reason for the different amounts. ADJOURNMENT There being no further business to come before the Council, the meeting was,adjourned at 8:30 p.m. ATTEST: CM - VOL 11 - 210 Regular Meeting May 26~ 1992