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HomeMy WebLinkAbout10-13-1986 Adopted CC Min REGULAR MEETING - October 13, 1986 · A regular meeting of the City CounCil of the City of Dublin was held on Monday, October, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7:33 p.m. by Mayor Peter 8nyder. . 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. WHITE CANE SAFETY DAY MaYor Snyder read a proclamation declaring October 15, 1'986 ast'Wh~-te Cane Safety Day in the City of Dublin. The Proclamation was then presented to Ms. Donna Sexton, a blind resident of Dublin who was present with her guide dog.. INTR, OD..UCT..ION OF NEW ADMINISTRATIVE SERVICES/FINANCE DIRECTOR City Manager Ambrose introduced the City's new Administrative Services/ Finance Director, Phillip Molina. Mr. Molina came to the City from the City of Paso Robles. The Mayor and Council welcomed Mr. Molina aboard. EAGLES NEST CHRISTIAN FELLOWSHIP' Pastor Gary West, representing the'Eagles Nest Church congregation, reported that last month they received approval of the Planning Commission to occupy a vacant building on Sierra Lane. This approval was appealed by Cm. Jeffery, who felt the Council should hold a public hearing to make this determination. Pastor West appealed to the City Council to waive the public notice requirements and allow this issue to be placed on the agenda and be heard at this meeting. They are there to benefit the community and the delay in a decision creates a hardship for both them and the Zendex Corporation who wants to lease them space. City Attorney Nave explained that the noticing requirements are set forth in the Government Code and there are no provisions for the Council to waive this notice. Pastor West indicated they would like to expedite the matter in any way possible. They requested to be placed on the October 27th City COuncil agenda.. Pastor West relayed documented conversations held with various other cities in the area that allow churches to be located in industrial areas with no apparent problems. Mayor Snyder asked Pastor West to supply the information to the City Staff. *************************************************************************** CM-5-205 Regular Meeting October 13, 1986 Mayor SnYder questioned Staff with regard to noticing deadlines for placing this item on the October 27th agenda. Staff reported that the notice would have to be to the newspaper no later than noon on Tuesday in order to make the deadline for publication. City Attorney Nave indicated that due to his extremely heavy schedule in the next two weeks he could not guarantee that he would be able to research the legal aspect of the issue. The Council concluded that the item should be noticed for the October 27th meeting and at that time, if the City Attorney has been unable to complete his report, then the public'hearing will be continued to the next meeting. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Staff to notice the public hearing of the Eagles Nest issue for the City Council meeting of October 27th. The Council indicated that if the legal information is not available, the item wauld not be heard. Robert Vigil, a real estate broker felt that it was not the City's intention to keep churches out of Dublin, but there is no specific zoning for churches. Zoning ordinances have been held invalid and unreasonable where attempts have been made to exclude certain uses. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of September 22, 1986; Approved the City Treasurer's Investment Report for Period Ending September 30, 1986; Received a repOrt related to the Summer Youth Employment Program; Received a report related to the Summer Quarter Recreation Program; Adopted RESOLUTION NO. 103 - 86 AUTHORIZING THE ~DESTRUCTION OF CITY RECORDS RELATED TO THE APRIL 1984 ELECTION Adopted RESOLUTION NO. 104 - 86 AMENDING RESOLUTION NO. 6-82 RE POSTING OF CITY ORDINANCES Adopted RESOLUTION NO. 105 - 86 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4943 *************************************************************************** CM-5-206 Regular Meeting October 13, 1986 Adopted RESOLUTION NO. 106 - 86 AUTHORIZING A FUEL-EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION and declared this study program as categorically exempt under CEQA; Adopted RESOLUTION NO. 107 - 86 AMENDING THE SALARY & BENEFIT PLAN ADOPTED BY RESOLUTION NO. 96-86 Authorized the City Manager to secure traffic control services for soccer tournament at the Dublin Sports Grounds on October 25 & 26th if paving of the Sierra Court extension is not complete; Approved Warrant Register in the amount of $386,674.34. Cm. Jeffery requested that the item related to the Civic Center progress report be removed from the consent-calendar for discussion. She questioned dates for the anticipated meetings and advised that she would be unable to attend a meeting on October 29th as she will be out of town. The meeting date was changed from October 29th to October 31st and the November 5th date was changed to November 7th. Following this discussion, on motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the establishment of Civic 'Center Advisory Committee (CCAC), confirmed meeting dates and reviewed the progress to date. LETTER FROM THE HENDRICKS FAMILY RE DAVONA DRIVE TRAFFIC Mr. Larry Hendricks, 8670 Davona Drive, has contacted the City regarding traffic problems on Davona Drive and asked that this situation be brought before the City Council for consideration. City Engineer Lee Thompson provided various traffic statistics and indicated that they show that speeding is still occurring on this street. They felt that heavy enforcement is the best deterent. City Traffic Engineer Chris Kinzel indicated that they have conducted 24 hour counts and speed studies. Approximately 3,000-4,000 vehicles per day travel on this street. A lot of the traffic is generated by the greater neighborhood itself. Approximately 30%-40% of the traffic is through traffic. Larry Hendricks felt that this street seems to be a prime place for a tragedy to occur. Stop signs that were installed in the past have been very effective in stopping accidents. CM-5-207 Regular Meeting October 1'3, 1986 They are requesting that another '2 sets of stop signs be placed on Davona Drive; one set at Wicklow and one set at Briarwood Lane. Mr. Hendricks also .reported that the current stop Signs are partially covered by foliage that needs'to be trimmed. Many comments were taken from members of the audience who were unidentified. Someone suggested that the fines for truckers traveling through residential streets should be greater. Also, it was felt that buses should not be allowed on Davona Drive. School crosswalks were discussed and Mayor Snyder indicated that a recent joint study between the School District and the City, identified the preferred route to school and where the school children should be crossing. Mr. Hendricks indicated he had spent several hours with the City's traffic enforcement officer and commended the department; however he felt that since this officer only works 11:00 a.m. to 7:00 p.m., 5 days .per week, the rest of the time sPeeders go whizzing by. Mr. Hendricks felt that the police department is using a double standard in enforcing the speed limit in this area. Lt. Severini explained that the department is not using a double standard and explained that even though the area is posted at 25 mph, the survey showed that 85% of the cars travel at 35 mph. When someone is traveling at between 25 and 35 mph, it is very difficult for a citation~to stand if it is challenged. There are 4 patrol cars on the streets at any given time and traffic enforcement is done not only by the full time traffic-unit, but by all officers. The police department proposes to follow through with enforcement as well as to educate the public. Beth Grant DeRoos indicated that she wished to speak up in favor of the people in this area as 1 1/2 years ago, her 19 year old 'son was hit by a drunk driver. He would be a senior at Stanford this'year, and he received permanent brain damage as a result of this accident. She voiced concern for the safety of the children of the people in the audience. David Souther indicated he had been a resident of Davona Drive since 1963. He felt the City shoUld encourage people coming off 1-680 to go on down to Kimball. He felt that stop signs and a crosswalk at Wicklow would create a safer situation. Mr. McCullough who lives across the street from St. Philip Lutheran Church indicated that peoPle entering and leaving the church enter through the exit and exit through the entrance. When the driveway leading to the new condominiums is put in, things are going to get worse. Wheels are continually squeeling. He also felt that since buses exceed the 3 ton limit they shouldn't be allowed on the street. Mayor Snyder explained that buses are a public service to the community and the 3 ton weight restriction was placed for and applies to commercial vehicles. CM-5-208 Regular Meeting October 13, 1986 Mr. Ralph Ramirez complained that the traffic congestion is getting worse in Dublin and growth needs to be addressed. Davona Drive is being used as a thoroughfare and this use is threatening residents health and causing property values to go down. Mayor Snyder pointed out potential problems with the City of San Ramon related to routing traffic onto Kimball Avenue. Cm. Moffatt felt that trees blocking signs should be looked at and possibly trimmed. He felt he could go along with the stop sign requestS. City Traffic Engineer Kinzel indicated that his firm could discuss the appropriate location for crosswalks with the School District. Cm. Hegarty commended the Davona Drive neighborhood for attending the City Council meeting in large numbers, but advised them that comments related to the Council not responding to residents needs was inappropriate. He felt that the Council had demonstrated its willingness to listen and residents should'not feel they have to approach the Council with a defensive attitude. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council agreed to have 2 sets of stop signs installed; Davona Drive @ Wicklow Lane (north),~and Davona Drive @ Briarwood Lane. PROPOSITION 64/LAROUCHE/AIDS INITIATIVE Mayor Snyder requested that correspondence received from the "No on 64 Stop LaRouche" Campaign be agendized for discussion of the Council. They have requested that the City adopted a resolution making a strong statement in opposition to Proposition 64. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 108 --86 OPPOSING PROPOSITION 64 AIDS INITIATIVE (LAROUCHE) PUBLIC HEARING DOUGHERTY ROAD WIDENING - EMINENT DOMAIN PROCEEDINGS Mayor Snyder opened the public hearing. Cm. Hegarty announced that her was abstaining from any participation related to this particular item due to a Conflict of interest. *************************************************************************** CM-5-209 Regular Meeting October 13, 1986 The City is attempting to acquire right-of-way from Southern Pacific for the future widening of Dougherty Road. This right-of-way is to be purchased with both HUD funds and General Funds. The deadline for using the HUD funds is December, 1986. The Alameda County Right-of-Way Department is doing the acquisition work for the City and has submitted an offer to Southern Pacific, but to date, has not received a response. The purpose of this Resolution is to encourage Southern Pacific to respond. Widening of the west side of Dougherty Road is planned for next year by theVillages development. The easterly side would be widened in a future year. ~, This right-of-way acquisition is budgeted for this fiscal year. City Attorney Nave reported that the County has been advised by Southern Pacific that they are willing to discuss the issue and it appears to be a matter that will resolve itself. No public comments were made. Mayor Snyder closed the public hearing. Cm. Moffatt questioned if Southern Pacific were agreeable, would it still be necessary to go into eminent domain proceedings. City Attorney Nave advised that it would not. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by'majority vote, (Cm. Hegarty abstained) the Council adopted RESOLUTION NO. 109 - 86 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS PUBLIC HEARING THE FISHERY IN DUBLIN-PLANNED DEVELOPMENT REZONING & SITE DEVELOPMENT REVIEW Mayor Snyder opened the' public hearing. On September 22, 1986, the City Council adopted a Resolution approving PA86- 053 for the Rezoning and Site Development Review application and introduced an Ordinance amending the Zoning Ordinance. The application involves a 225+ seat restaurant on 1.5+ acres at 7400 San Ramon Road. No public comments were made. Mayor Snyder closed the public hearing. CM-5-210 Regular Meeting October 13, 1986 , On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 17 - 86 AMENDING ZONING ORDINANCE REZONING REAL PROPERTY LOCATED IN THE SOUTHWEST PORTION OF THE CITY OF DUBLIN (The Fishery) PUBLIC HEARING ANNEXATION NO. 2 PUBLIC LANDS (CAMP PARKS) Mayor Snyder opened the public hearing. On September 11, 1986, LAFCO approved the proposed Public Lands (Camp Parks) Annexation finding that 1) the proposed annexation is consistent with procedures and policies of LAFCO and 2) the annexation will permit the provision of municipal services by Dublin to the annexation area. LAFCO approved the annexation subject to the following conditions: 1) that correction of the maps be made as may be required 2) that the City of Dublin is designated the conducting authority and authorized to initiate proceedings 3) that LAFCO recommends that the City of Dublin study the property to determine if there are areas within the property which may :be benefited by freeway improvements and, if such benefits are found, to support the creation of an assessment district or similar vehicle for the financing of the cost of construction of that portion of the freeway improvements which confer special benefits on areas within the property 4) that LAFCO recommends that the City of Dublin participate jointly with the City of Pleasanton and any other public agencies having jurisdiction within the property in formation of a joint powers or other special purpose entity or commission, for the purpose of defining a "scope of work" for the freeway improvements, determining the cost thereof, and retaining an "engineer of work" to determine the boundaries of the benefited area. The object of the City of Dublin's participation with other public agencies shall be to attain an official determination of the extent of improvements, cost of improve- ments, and proportion of costs to be borne by the benefited area. The City Council must conduct a public hearing to hear and consider written or oral protests or evidence made concerning the annexation. Protests are limited to land owners or registered voters within the proposed annexation area. The City Council must also adopt a Resolution making findings concerning the value of the protest and take action on the annexation. CM-5-211 Regular Meeting October 13, 1986 No public comments were made.' Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 110 -86 APPROVING CITY OF DUBLIN ANNEXATION 92 PUBLIC LANDS (CAMP PARKS) HANSEN RANCH GENERAL PLAN AMENDMENT STUDY - POTENTIAL EXPANSION On August 11, 1986, the City Council authorized the Hansen Ranch General Plan Amendment Study to include the 147 acre Hansen Ranch and an overall circulation study for the Western Extended Planning Area. The City Council also directed Staff to'contact other adjoining property owners that could form a contiguous area with the City and determine their interest in participating in an expanded study. Staff sent letters to all 16 groups of private property owners and responses were provided to the Council. Work study program proposals have been received and the estimated cost for the Hansen Ranch General Plan Amendment Study totals approximately $60,000. The estimated cost for consultant services for each additional acre is $110. · .... Cm. Jeffery felt she had a problem with the City paying for those who refused to pay. City Manager Ambrose indicated that Staff had come up with a dilemna in that those willing to pay for the study are the ones who want to develop right now. Planning Director Tong indicated that the overall circulation system for the weSt extended planning area would be addressed. Land use issues were being addressed on the Hansen property only. Cm. Moffatt felt the City should do a Hansen Ranch tan~'d use study but with circulation issues looked at for the entire area. Cm. Hegarty felt the City had offered other property owners an opportunity to participate. The existing residential.streets below these areas are at capacity. Cm. Jeffery felt the study should be limited to the Hansen Ranch property, but let others share if they are willing to share in costs. The Williamson Act requirements were discussed. CM-5-212 Regular Meeting October 13, 1986 On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized an expanded study area that could form a contiguous area with the City, subject to the property owners paying for the cost of including their property in the study. SCHEDULE FOR TIMELY REMOVAL OF ILLEGAL SIGNS 'Cm. Moffatt indicated a'conflict of interest and did not participate in the discussion related to this item. In June, 1986, the Sign Ordinance adopted by the City Council went into effect. The intent of the Sign Ordinance is to provide effective and attractive identification. As part of the implementation of the Ordinance, Staff undertook a Citywide sign survey. The-survey has identified some signs which are illegal. Generally, there are 2 types of illegal signs: 1) those that were prohibited or that were installed without appropriate permits and did not comply with the Sign Ordinance then in effect and 2) those that were originally installed .with appropriate permits, but then became non-conforming and subject to an amortization period. With the end of the amortization period, the signs became illegal. Cm. Jeffery questioned if the different time allocations were due basically to the cost of the signs and dollars necessary for removal. ~ Planning Director Tong answered in the affirmative and explained that Staff would be giving sign owners the benefit of the doubt about whether they knew their signs were illegal. Staff explained that the Zoning Enforcement Officer has been working on identifying the current inventory of illegal signs for approximately 3 months and expects to have the list completed sometime within the next month or so. Cm. Jeffery felt that the City.should notify all those with illegal signs that they have 3 months to comply and if there is a particular problem, they can contact the City for special consideration. Cm. Hegarty indicated he would prefer to wait to see the list of how many signs are being discussed. All sign owners should be given a reasonable amount of time to comply. The amortization period has already run out in many cases. Cm. Vonheeder questioned who would receive the notification, if it would be the land owner or the tenant. Staff advised that if the City can determine who the owner is, the notice would be sent to them. If we are unable to determine this information, then it would go to the property owner. Cm. Vonheeder felt that everyone should be given 6 months to remove the illegal signs. Cm. Jeffery indicated she would like to see everyone in conformance by St. Patrick's Day. CM-5-213 Regular Meeting October 13, 1986 Cm. Vonheeder made a motion, which was seconded by Cm. Hegarty, to change the resolution to state all illegal signs should be removed within a 6 month time period. The motion failed to pass due to dissenting votes cast by Cm. Jeffery and Mayor Snyder. Cm. Moffatt abstained. The question.was raised as to why the City should allow illegal A-frame signs to stand an additional 6 months. Cm. Vonheeder felt that this would simplify the administration. Various changes were discussed relating to the wording of the Resolution. Section A was corrected to read "For~illegal signs that were illegal when originally installed, 'or which are prohibited (such as A-frame signs)." Section B was corrected to read "For illegal wall signs that were originally legal prior to 2/4/78." Section C was corrected to read "For illegal freestanding signs that were originally legal prior to 2/4/78." The removal time for Section C signs was changed to read "Within 3 to 6 months, as specified below." Section C-2 was corrected to read "For said signs 8 feet or over." Section C-3 was deleted. The bottom paragraph should read "Removal time shall start from the time of mailing notification (by certified mail) to the owner of the sign, or the property owner if the owner of the sign cannot be determined." On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote, the Council adopted, with the changes discussed RESOLUTION NO. 111 - 86 ESTABLISHING A SCHEDULE FOR TIMELY REMOVAL OF ILLEGAL SIGNS Cm. Hegarty voted against~this motion. Cm. Moffatt abstained. Cm. Jeffery questioned the timing of sending out the notifications. Cm. Hegarty felt that City Staff should complete the survey and then send all the. notifications out at the same time. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by majority vote, the Council agreed that all letters should be sent out at the same time. Moffatt abstained. Cm. PROPOSITION 61 City Manager Ambrose prepared an indepth report related to the impacts that Proposition 61, if passed at the November 4, 1986 election, would have on the City of Dublin. The report covered the impacts related to: CM-5-214 Regular Meeting October 13, 1986 1) Salaries & Fringe Benefits 2) Contracts Taugher & Associates (Building & Safety) Santina & Thompson (Engineering) TJKM (Traffic Engineering) MCE Corporation (Public Works) Miscellaneous Contracts 3) Leave Benefits 4) Retirement In summary, it was felt that the passage of Proposition 61 would in all likelihood, lower the quality of services provided by the City and at the same time increase the costs of providing those services. This will be particularly true in the case of the City of Dublin if it is found that Proposition 61 will inhibit the City's ability to continUe to enter into contracts for various services. Richard Mendling, 7194 Elk Court, requested that the City Council not take a position on this item or the next item, dealing with Measure B. They had made no recommendation on the AIDS initiative issue and Mr. Mendling felt they should instead simply suggest that people read the initiatives in detail. The Council clarified the fact that they had indeed taken a stand in opposition to the AIDS initiative. Cm. Jeffery stated she felt it is the duty of the Council to make sure that people know exactly what they are voting for, and that was why the Council requested the City Manager to prepare a detailed report of how this proposition would affect Dublin. The report indicates that it will definitely be detrimental to the City of Dublin, if adopted. Cm. Vonheeder also felt it to be the responsibility of the Council to take stands on issues. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 112 - 86 OPPOSING BALLOT PROPOSITION 61 RESOLUTION SUPPORTING MEASURE B - 1/2¢ TRANSPORTATION TAX On July 28, 1986, the City Council approved a Transportation Expenditure Plan. The approval by local cities was required prior to consideration by the Board of Supervisors andplacement on the November ballot. The measure will be presented t© the voters of Alameda ~County as Measure B. The proposal would increase the sales tax collected in Alameda County from 6 1/2¢ to 7¢. The additional 1/2¢ tax Will be utilized for transportation CM-5-215 Regular Meeting October 13, 1986 improvements throughout the County. The funding will be administered by a new County Transportation Authority. The supplemental tax will be in effect for a 15 year period and is estimated to generate $990 million for street improvements. Cm. Moffatt felt the measure was too hastily conceived. The concept is good but the money will not go far enough. Cm. Jeffery reported that many concessions had been made in developing the list. All the projects will compliment each other. The dollar figures were developed in a conservative manner. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote, the Council adopted RESOLUTION NO. 113 - 86 SUPPORTING ALAMEDA COUNTY MEASURE B Cm. Moffatt voted against this motion. OTHER BUSINESS Proposition 62 City Manager Ambrose reported that Pat RusSell, President of the League of CA Cities indicated that Proposition 62 establishes a retroactive date of August 1985. Depending on how the courts interpret it, the City of Dublin could lose about $104,000 unless a validation election was held. ~_eeting Re 1-580 Interchange Improvements City Manager Ambrose advised that a meeting is being hosted jointly by the Cities of Dublin and Pleasanton at the Pleasanton Hilton on November 5th, from 9:30 a.m. to 1:30 p.m. The Cities will be splitting the cost for lunch, and property owners on both the north and south sides of 1-580 will be invited, as well as Burch Bachtold from CalTrans and State Elected Officials. The purpose of the meeting will be to generate some discussion with regard to the proposed improvements and problems that have come up as a result of these improvements. The impacts on the various properties will also be discussed. San Ramon Val!.ey Black Community Association Mayor Snyder reported that he had received an invitation for a member of the City Council to speak at a civic event being sponsored by the San Ramon ~ Valley Black Community Association. The event will be held on November 7th at 8:30 p.m., at Twin Creeks. They expect approximately 75 families. CM-5-216 Regular Meeting October 13, 1986- Cm. Vonheeder indicated she would attend the function. Mayor Snyder indicated that Cm. Vonheeder should advise Diane Schinnerer or Carlos Alexander that she would be attending. San Ram~0n ProPerty cm. Hegarty reported that there was to be a meeting in San Ramon this evening related to the development of the property at Alcosta Boulevard and San Ramon Valley Boulevard in San Ramon. A General Plan Amendment is being requested to allow for a broad mix. As the intersection of Alcosta Boulevard/San Ramon Road/San Ramon Valley Boulevard would certainly be impacted by development at this corner, Cm. Hegarty requested that Staff inquire as to the outcome of tonights meeting. CLOSED SESSION At 11:08 p.m., the Council recessed to a closed executive session to discuss pending litigation, City of DUblin vs. Filstead. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:25 p.m. Mayor ~ ATTEST: ~ ~ C city Cle~ CM-5-217 Regular Meeting October 13, 1986