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HomeMy WebLinkAbout08-11-1986 REGULAR MEETING - August 11, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, August 11, 1986, in the meeting room of the Dublin Library. The meeting was called to order at 7:35 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 alle- giance to the flag. CLOSED SESSION Mayor Snyder announced that the closed session to discuss property negotiations with Amador Valley jOint Union High School District re the Valley High School site which was scheduled for the end of the meeting had been cancelled. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of July 22, 1986 and Regular Meeting of July 28, 1986; Approved City Treasurer's Investment Report for Period Ending July 31, 1986; Denied claim submitted by George Filstead on July 3, 1986 and directed Staff to notify claimant; Adopted RESOLUTION NO. 77 - 86 and ORDERING THE ANNEXATION OF APPROXIMATELY 11.65 ACRES TO THE CITY OF DUBLIN ANNEXATION NO. 4 HATFIELD DEVELOPMENT CORPORATION - INVESTEC, INC. RESOLUTION NO. 78 - 86 ORDERING THE ANNEXATION OF APPROXIMATELY 36.35 ACRES TO THE CITY OF DUBLIN ANNEXATION NO. 5 HATFIELD DEVELOPMENT CORPORATION - INVESTEC, INC. CM-5-168 Regular Meeting August 11, 1986 Approved the installation of a banner from August 25 through September 7, 1986 on the San Ramon Road banner poles by the Rotary Club announcing their Arts & Crafts Fair; Approved the installation of a banner from August 25 through September 7, 1986 on the shannon Community Center fence by Soroptimist International announcing the Founder's Day Run; Authorized Staff to implement a revision to the striping and signal phasing of the Amador Valley Boulevard/Village Parkway intersection; Approved the request of Soroptimist International of Dublin for a parade application related to timed 10K and 5K runs on September 7, 1986; Authorized the Mayor to sign an Insurance Agreement for Alameda County Contract Services; Adopted RESOLUTION NO. 79 - 86 Adopted DESIGNATING AND AUTHORIZING AN OFFICER FOR THE ACCEPTANCE OF SEIZED PROPERTY RESOLUTION NO. 80 - 86 AMENDING RESOLUTION NO. 69-86 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN PROVIDING FOR AN EXCHANGE OF PROPERTY TAX REVENUES FOR THE PROPERTIES IN THE CITY OF DUBLIN EXTENDED PLANNING AREA EAST OF CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES and RESOLUTION NO. 81 - 86 AMENDING RESOLUTION NO. 70-86 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES AND APPROVING AN EXCHANGE OF PROPERTY TAX REVENUES THEREFOR and authorized the Mayor to execute the revised agreement; Adopted RESOLUTION NO. 82 - 86 and AMENDING THE CLASSIFICATION PLAN (Recreation Coordinator) RESOLUTION NO. 83 - 86 AMENDING THE SALARY & BENEFIT PLAN (Recreation Coordinator) CM-5-169 Regular Meeting August 11, 1986 and RESOLUTION NO. 84 - 86 AMENDING THE PERSONNEL SYSTEM RULES (Employees working less than 40 hours) Approved a Pro-Forma Financial Report for Period Ending June 30, 1986; Adopted RESOLUTION NO. 85 - 86 and ACCEPTANCE OF FINAL MAP - KAUFMAN & BROAD TRACT NO. 5410 RESOLUTION NO. 86 - 86 ACCEPTING DEPOSIT IN LIEU - KAUFMAN & BROAD TRACT NO. 5410 Approved Warrant Register in the amount of $265,839.27. Mayor Snyder stated that due to a conflict of interest, he would abstain from discussing or voting on the item related to awarding a bid to Oliver de Silva, Inc. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote (Mayor Snyder abstained), the Council awarded bid for Contract No. 86-2, Amador Valley Boulevard (Village Parkway to Dougherty Road) Street Reconstruction, Street Lighting and Landscaping to Oliver de Silva, Inc. ($878,848.00); PUBLIC HEARING SMOKING POLLUTION CONTROL ORDINANCE Mayor Snyder opened the public hearing. Staff explained that the City Council has conducted three public hearings on the proposed ordinance. The ordinance was introduced at the regular City Council meeting on July 28, 1986. No public comments were made. Mayor Snyder closed the public hearing. Cm. Hegarty stated that he did not agree with the introduction of this ordinance at the last meeting, and that this issue does not warrant a law. The business community input would indicate that there should be a resolution rather than an ordinance. The private faction did not come out strongly either for or against this ordinance. Even though smoking is definitely a health hazard, Cm. Hegarty did not feel comfortable telling businesses how they can and can't run their businesses. CM-5-170 Regular Meeting August 11, 1986 Cm. Hegarty also indicated that he takes exception with outsiders coming into the City and telling the City what is best for the City of Dublin. If Dublin residents had shown greater support, then he would be more in favor of supporting this type of an ordinance. In addition, he didn't feel that this ordinance has much teeth. Cm. Hegarty reiterated his feeling that he would rather direct the City's legal counsel to change the necessary language to make this a resolution rather than an ordinance which becomes law. Cm. Vonheeder agreed with Cm. Hegarty and stated she feels that the business community has responded quite well with voluntary comPliance in providing non-smoking areas to patrons. We don't need another law to do something that is apparently working quite well already. Elizabeth Silver, Assistant City Attorney, clarified that an ordinance can make something illegal; it makes it an infraction to violate the ordinance. A resolution would merely be a statement of what the Council would like to see. Cm. Moffatt felt that this whole issue deals not with trying to legislate ethics as has been suggested, but rather it deals with a health problem. If someone wants to destroy their own health, that is their business, but other people should not have to be subjected to the same hazards. A businesses main motivation is to make money. A restaurant that does not have a non- smoking area would probably do a better business if they provided and promoted a non-smoking section. Cm. Hegarty felt that OSHA can deal with the health safety issues. Cm. Vonheeder indicated she had a problem with setting a percentage and that restaurants should be able to set their own percentages based on their own particular needs° Cm. Jeffery felt the percentages are workable as the ordinance sets a maximum of 50% which can be given to smokers. Three-fourths of the population are non-smokers. Cm. Hegarty questioned if, since the auto manufacturers are polluting the air, are we next going to make a law to stop them. Discussion was held with regard to enforcement of the ordinance. Enforcement responsibilities rest with the City Manager. Cm. Hegarty did not feel that the City should be put into this type of a position. Cm. Hegarty made a motion, seconded by Cm. Vonheeder, to change the ordinance to a resolution. ' The motion was defeated by a majority of NO votes cast by Cm. Jeffery, Moffatt and Mayor Snyder. Cm. Jeffery indicated that as a former smoker she understands the feelings of bias and discrimination. She referred to a good article which appeared a few days ago in the Herald which dealt with this. Mayor Snyder felt this was a good examPle that community response on these types of issues is very important. CM-5-171 Regular Meeting August 11, 1986 On motion of Cm. Moffatt, seconded by , and by majority vote, the Council waived the reading and o ORDINANCE NO. 13 - 86 RELATED TO SMOKING POLLUTION CONTROL Cm. Hegarty and Cmo Vonheeder voted NO on this motion. PUBLIC HEARING ORDINANCE CONSOLIDATING CITY MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION Mayor Snyder opened the public hearing. At its regular meeting on July 28, 1986, the City Council introduced this ordinance which amends Ordinance No. 11-84 which consolidates the City Municipal Election with the Statewide General Election. This amendment extends the terms of 3 City Councilmembers until no later than the fourth Tuesday after the day of the election and until their successors are elected and qualified. No public comments were made. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 14 - 86 AMENDING ORDINANCE NO. 11-84 CONSOLIDATING THE CITY MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION and authorized a budget transfer of $1,800 from the Contingent Reserve to cover the costs of a required mailing to all registered voters within the City of Dublin. PUBLIC HEARING FORTUNETELLING ORDINANCE - ZONING ORDINANCE AMENDMENT Mayor Snyder opened the public hearing. On July 28, 1986, the City Council introduced an Ordinance regarding fortunetelling and adopted a Resolution for the associated Negative Declaration. The Ordinance proposes to amend the City Zoning Ordinance to define Fortunetelling, permit Fortunetelling in the C-1 District subject to the approval of a CUP and prohibit Fortunetelling as a home occupation. CM-5-172 Regular Meeting August 11, 1986 Mayor Snyder closed the public hearing. Staff reported that Police Services is working on an ordinance setting forth regulations regarding the permit process which will be involved. On motion of Cm. Vonheeder,' seconded by Cm. Moffatt~ and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15 - 86 AMENDING THE CITY ZONING ORDINANCE REGARDING FORTUNETELLING SIERRA COURT SIGNAL PROJECT MEDIAN BREAK ON DUBLIN BOULEVARD POTENTIAL CHANGE ORDER - GREG KENT & JERRY ESCHEN Mr. Greg Kent has met with the City Engineer to discuss his request to keep open a driveway facing Dublin Boulevard west of Sierra Court when the new medians were installed with the Sierra Court signal. Mr. Kent has made a proposal which requests an in-only left turn in exchange for the necessary dedication of right-of-way for the future widening of Dublin Boulevard. Staff indicated that it would review the feasibility of the change if Mr. Kent and his next-door neighbor made the same dedication offer, subject to review and approval of the City Council. The proposed change would cost approximately $11~000-$13,000. The land area that the City would receive is approximately 4,600 square feet and would complete all necessary right-of-way acquisition between Dougherty Road and the Alamo Creek channel. Since there are easements across this property, the realistic value would probably be approximately 50% of the property owners' valuation of $69,000, or $34,500. Mr. Greg Kent addressed the Council and indicated he has been doing business at his current location for 15 years. He has been very vocal and supports signalizing this intersection, however, he is not for anything that creates safety problems. He did not feel that a safety issue exists with regard to his request. Jack Martinson, Dublin Investments, indicated he was in agreement with Mr. Kent and that he would strongly recommend that this proposal be adopted. Mayor Snyder questioned if the letters submitted would suffice as an agreement. Assistant City Attorney Silver suggested that something more than the letters should be obtained. City Engineer Thompson indicated that deeds could be obtained rapidly. CM-5-173 Regular Meeting August 11, 1986 Cm. Jeffery questioned if this would, in any wayt create a safety problem. Mr. Thompson indicated there was no conflict with people turning out of the driveway. On motion of Cm. Vonheeder, seconded by Cm. Moffattt and by unanimous vote, the Council approved the proposal subject to Staff obtaining deeds from the property owners. GENERAL PLAN AMENDMENT STUDY REQUEST HANSEN RANCH PA 86-075 Hansen Hill Development Corporation~ an affilitate development company of Venture Corporation, is requesting the City Council to authorize a General Plan Amendment Study. The proposal involves approximately 147 acres in the unincorporated area along the western boundary of the City. The applicant would like to gain City approval for residential development on the site. A portion of the site is located in the Primary Planning Area and the other portion is in the Extended Planning Area of the General Plan. State law limits General Plan Amendments to a maximum of 4 per calendar year. The current proposal is the'first request since the City adopted the General Plan in February, 1985. Staff indicated that it sees potential for other amendment requests in the near future. Mayor Snyder questioned what the cost would be to the City if the study were to be authorized. Planning Director Tong indicated that if other property owners would participate in the study, they would participate financially to the extent that their properties are involved. If only this area is studied, the applicant would bear all costs. Cm. Vonheeder qUestioned how many property owners were involved. Bud Nielsen reported that there are about 5 or 6. Mr. Tong advised that Staff could contact the other property owners to determine if there is an interest and then when responses are received, the Council could consider whether or not to expand the study area. Kay Wilson, Vice President of Hansen Hill Development advised that they are under contract to purchase 147 acres. They would like to provide a high quality development on the site. The study would be the first step in a series of steps that would allow them to proceed. They recognize the fact that the site has a very special character and they are willing to cooperate with surrounding large land owners. They also want to conduct several neighborhood and community meetings, They are ready to go forward with the study now. CM-5-174 Regular Meeting August 11, 1986 Cm. Hegarty questioned the timing of this process. Ms. Wilson indicated they had been thinking in terms of 8-10 months for the various aspects of the study. All agreed that 1 year sounded reasonable. Tom Schuitemaker, a Dublin resident questioned when all of the building in Dublin was going to stop. He indicated he had been a resident for 20 years and questioned what was the ultimate goal of the City. He questioned if all the vacant land was going to be housing and if all the beautiful trees would be chopped down. He indicated he would like to stop any further building of houses. Bill Kearns, 7403 Hansen Drive indicated he has only been in Dublin for 5 years and he hates to see the beautiful hills disappear. Dublin should leave some of the hills green. Bud Nielsen indicated he is one of the property owners and felt that some sort of study of the complete area needs to be done to make anything feasible. Cm. Jeffery questioned Mr. Nielsen if he felt that other property owners would be willing to go into a study. Mr. Nielsen indicated he would be willing to participate, but would need more particulars. The ridge issues would be very important. Clarke Wells representing the 335 acre Schaffer Ranch property indicated they would participate in the study. They have a quarter of a mile frontage on 1-580 freeway. Florence Scudder, a Hansen Drive resident indicated she had lived in Dublin for 19 years. She questioned if someone would be building a house behind hers which would ruin their view. Cm. Moffatt advised Ms. Scudder that it would be advantageous to talk to the developers. Planning Director Tong advised that the study itself would be a series of hearings at both the Planning Commission and the City Council level. Following discussion, on motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized a General Plan Amendment Study. The Council authorized the scope of the study to determine residential land use conformance with existing General Plan policies and will allow procedure to continue with one property if the City can't get other property owners to agree. The Council defined the size of the study area to be the Hansen Property and Circulation System only for the western Extended Planning Area with potential for expansion to include additional properties, and authorized Staff to select General Plan consultant~ with applicant paying for such costs and having right to approve of consultant selection. Cm. Hegarty reiterated to the people in the audience that it is extremely important to work with the developers from the ground stage up. CM-5-175 Regular Meeting August 11, 1986 OTHER BUSINESS League Conference Staff reported that the Council needed to make a decision related to a voting delegate and alternate at the upcoming League of CA Cities annual conference in Los Angeles on October 19-22, 1986. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council appointed Mayor Snyder as the voting delegate and Vice Mayor Hegarty as the alternate. Donahue Drive Speed Study Cm. Vonheeder indicated she had been contacted by a property owner who owns a rental house on Donahue Drive near Vomac Road, who is requesting that the City again look at the possibility of installing some stop signs along Donahue Drive near Ironwood. The speeding problems still exist. Cm. Vonheeder suggested agendizing this item for further consideration and bringing back the information that was considered earlier. The Council determined that additional monies should not be expended. Cm. Hegarty suggested that the City publicize the date when the Council~ would again discuss this issue and then the Council should listen to what the people say. Citizen of the Year Award Mayor SnYder indicated he had received a letter from Bill Foster, President of the Board of Directors of the Chamber of Commerce in which the Chamber suggested turning over the selection of the Dublin 'Citizen of the Year Award to the Mayor. The Chamber would allocate time at its annual installation celebration for the Mayor's office to make the announcement and present the award. The Council felt it might be a good idea to do something jointly. Cm. Vonheeder and Cm. Moffatt were directed to meet with the Chamber to discuss this issue and come back to the Council with suggestions. CM-5-176 Regular Meeting August 11, 1986 Dublin Housing Authority City Manager Ambrose indicated that it will be necessary for the Dublin Housing Authority to meet at the next City Council meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:07 p.m. " ~' ATTEST: · ~ City .~lerk CM-5-177 Regular Meeting August 11, 1986