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HomeMy WebLinkAbout10-27-1986 Adopted CC MinREGULAR MEETING - October 27, 1986 A regular meeting of the City Council .of the City of Dublin was held on Monday, October 27, 1986 in the meeting room of the Dublin Library. The meeting was Called to order at 7:43 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. * * * PROCLAMATION Mayor Snyder read a proclamation declaring October 27-November 3, 1986 as "Red Ribbon Week" in the City of Dublin, and encouraged citizens to wear or display red ribbons, thereby making a visible statement that we are strongly committed to win the war on drugs. The proclamation was presented to April Hunter, President of the Dublin 4-H. Red ribbons were then passed oUt to the audience. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of October 13, 1986; Approved the Finance Report for Period Ending September 30, 1986 (Pro-Forma); Adopted RESOLUTION NO. 114 - 86 RESCINDING RESOLUTION NO. 22-86 AND ESTABLISHING LIABILITY CLAIMS SETTLEMENT AUTHORITY LIMITS AND AUTHORIZING PAYMENT OF SETTLED CLAIMS Adopted RESOLUTION NO. 115 - 86 ACCEPTING FOR THE PUBLIc · GRANT DEEDS FOR ROADWAY PURPOSES (Dougherty Rd/Dublin Blvd) CM-5-218 Regular Meeting October 27, 1986 Adopted RESOLUTION NO. 116 - 86 APPROVING ANNEXATION NO. 6 KAUFMAN& BROAD MULTI-FAMILY PLANNED DEVELOPMENT Approved 1985-86 budget transfers and additional appropriations; Approved Warrant Register in the amount of $354,743.30. PUBLIC HEARING DAVONA DRIVE STOP SIGN INSTALLATION Mayor Snyder opened the public hearing. At its October 13, 1986 meeting, the City Council approved the installation of stop signs on Davona Drive at Wicklow Lane (north) and at Briarwood Lane and approved painting of yellow school crosswalks. TJKM has discussed the painting of yellow schol crosswalks at the Wicklow Lane intersection and the principal of Murray School agreed that this would be helpful to children using the Edenberry Place access to the school. The truck weight limit sign on Davona Drive has been moved closer to Alcosta Boulevard; however, installation of a sign on Alcosta Boulevard requires permission from the City of San Ramon. The trees obscuring the existing signage on Davona Drive have been trimmed. Larry Hendricks questioned if the City would be trimming the trees that block signs. City Engineer Thompson indicated that City maintenance crews had trimmed several trees and will follow up on completing. Mayor Snyder suggested that Mr. Hendricks contact Public Works related to any specific concerns in the future. They can respond immediately. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 17 - 86 ESTABLISHING TRAFFIC REGULATIONS (Stop Signs on Davona Drive at Wicklow Lane and at Briarwood Lane) CM-5-219 Regular Meeting October 27, 1986 PUBLIC HEARING 7964 GUNSHOT COURT, HUBERT W. GANN ABATEMENT OF A NUISANCE CONDITION Mayor Snyder opened the public hearing. Vic Taugher, Chief Building Official was sworn in by City Attorney Nave. Mr. Taugher advised that a fire occurred in the house located at 7964 Gunshot Court on October 4th. Photos taken of the interior of the building by the Fire Department indicated an accumulation of garbage, debris and dog feces. According to the Fire Department, there were 7 dogs living in the house and there was dog feces throughout. Mr. Hubert W. Gann, the owner was contacted and advised on October 9th that it would be'necessary to clean up.the premises. Mr. Gann stated he planned to have the property cleaned up by October 13th, and was advised that if the property was not cleaned up, the matter would be presented to the City Council. Photographs were taken on October 16th, during an inspection with the owner. Several rooms had been cleaned up, but the material was stored in plastic bags in the garage where a large pile of dirty clothes, linen and debris was also present. On October 21st, the property was reinspected with the owner, but again, the material that was removed from the bedrooms was stored in a heap in the garage. In spite of the clean up efforts, there remains a very strong odor of decaying garbage. The subfloor has been soaked with dog urine and the premises is infested with fleas and vermin. The owner stated he intends to have the premises cleaned up by October 27th. Because of the serious health hazard resulting from the condition of this property, Staff advised that the City should be in a position to abate the nuisance, in the event the premises are not cleaned. The cost for the abatement may be recovered by the City in the form of an assessment or tax on the property. ~ Cm. Jeffery questioned if the City had received complaints regarding this property in'the past. Staff responded it had not. MayOr Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 117 - 86 ORDER TO ABATE A NUISANCE AT 7964 GUNSHOT COURT and Mee~ingt CM- 5 - 220 Regular October 27, 1986 RESOLUTION NO. 118-86 APPROPRIATE FUNDS FOR ABATEMENT OF A NUISANCE AT 7964 GUNSHOT COURT PUBLIC HEARING EAGLE'S NEST CHRISTIAN FELLOWSHIP CONDITIONAL USE PERMIT APPEAL OF PLANNING COMMISSION APPROVAL ON SEPTEMBER 15, 1986 Mayor Snyder opened the public hearing. On September 15, 1986', the Dublin Planning commission adopted a Resolution approving the Eagle's Nest Christian Fellowship Conditional Use Permit request to operate a Church and Ministry Center at 6680 Sierra Lane. The Conditional Use Permit request involves a proposal to use approximately 1/2 of a 24,250+ square foot single story concrete tilt-up building. The balance of the building is presently occupied by the Zendex Corporation. In addition to the proposal to use the tenant space for worship services, the Applicants are proposing to use a portion for video tape duplication/ distributioh and for literature printing/copying. Staff advised the Planning Commission within the September 2, 1986 Staff Report of its position that a Church and Ministry Center would more appropriately be located in a residential or other non-industrial distriCt. Staff believes that those districts have ranges of allowable uses that are more compatible with a Church and Ministry Center than would be the case in a Light Industrial District. Staff felt that there is an inherent potential. for land use conflicts between permitted industrial uses and the proposed Church and Ministry Center use. There would be a strong potential for conflicts between'the character of the light industrial uses and the proposed Church use. The industrial uses would tend to be noisier, less aesthetic and more intensive in terms of delivery of raw materials and supplies and shipment of finished goods. The proposed Church uses typically need a cleaner, quieter environment to operate as a sanctuary and place of worship. Staff further noted that the proposed Church use may conflict with existing and future industrial uses by introducing pedestrian and vehicular traffic that interferes with the industrial traffic. The 75+ acre Sierra Court/Sierra Lane/Trinity Court area is presently 98% built out. A proposal is currently pending to construct a Light Industrial building on the final vacant property in the area. The structures occupying the 29 properties accessed by these three streets are clearly committed to Light Industrial-Business Park type land uses. A field survey of the 38 buildings revealed the presence of over 200 truck access-loading areas each with a corresponding metal roll-up access door. The Staff field survey also revealed the presence of large moving vans in the area, large trucks and various service trucks/vans. CM-5-221 Regular Meeting October 27,' 1986 A review of the parking details was made. Based on an overall yield of 105 parking spaces at this site, the maximum seating capacity for the assembly room for the Church and Ministry Center 'would be 284 seats. Based on direction from the Planning Commission a draft resolution was prepared reflecting controls on the hours and days of the operation of the proposed Church and Ministry Center, and limited the period of the permit to three years. The remaining conditions of approval served either to establish operational limits to the proposed land use activity or to detail on-site improvements related to the proposed tenant occupancy recommended by Staff to be imposed on the CUP request. The Planning Commission approved the application subject to conditions on September 15, 1986. Staff noted that the Applicant submitted a letter dated October 21, 1986, requesting that the hours .of operation be increased to any weekday evening and unlimited use on Saturdays as well as Sundays. Cm. Hegarty questioned Staff if the originally requested timing on Wednesdays were any other day of the week;would it make any difference in Staff's recommendation. Planning Director Tong indicated it would not, as "weekday" is the key. Pastor Gary West indicated he has been a Dublin resident and homeowner for almost 10 years. Because of rising building costs, many communities have made provisions for churches to operate in unusual locations. Pastor West relayed several instances where other cities allow churches to be located in light industrial zones. During the normal workday hours of 8:00 a.m. - 5:00 p.m., their activities are very limited. Their primary activities take place on Sunday mornings and evenings, Wednesday nights and Saturday nights. Pastor West passed out pictures that were taken on a Sunday afternoon which depicted no'activity in the park on a Sunday afternoon. There will be no pedestrian activity in the front of the building. Most trucking firms are unionized and therefore, weekend activity is kept to a minimum. They feel they are a benefit to the Community. The building has been for lease for more than a year. Pastor West summarized that their lease will be for only 3 years and they are asking for a CUP to cover 3 years only. There will be an evaluation after one year. They asked that the Council give them a chance to show that the proposal can work. Mr. Len DiGivanni, a member of the congregation, relayed that in 1980 he left his family after 13 years of marriage. Through the ministry of The Eagle's Nest, God healed his marriage. He challenged the City Council to share in a vision of a'community free from alcohol and drug abuse, child abuse, etc., and as stated in the flag salute, return to traditional values and truly be "one nation under God". Dick Hopkins, who reported no connection with this church, urged the Council to approve the church's request and asked that the Council not be over zealous with regard to zOning issues. CM-5-222 Regular Meeting October 27, 1986 Greg Curry indicated he had lived here for 23 years, and had, in the past, been on welfare. He started taking drugs when he was 14 years old. He felt it would take more than a red ribbon to set people free from drugs. They need God in their lives. Through the ministry of The Eagle's Nest, he had been freed of his drug dependency and was able to get off welfare and lead a productive life. Bob Vigil, a Dublin resident reported that he had experimented with drugs at age 14. By the age of 28, he served as a bad example and found through Pastor West's church ministry, the support to turn his life around. Charlie Ryan who reported that he was not a member of this church, expressed concern that the City is deciding what these people need to conduct their worship. The congregation did not pick a place without carefully checking out all the considerations. He felt the City was dragging its feet and there was no reason to delay a decision. Beth Grant DeRoos, not a congregation member, indicated that she had queried some of the local restaurants and her findings were that business is good on Sundays after church and at other times when people come to Dublin to attend church related functions. She expressed surprise that with the way Dublin is growing, no.new churches have been built. She asked that the Council give this congregation a break and allow them to locate in an industrial area. Don Martin indicated that he had lived here for over 20 years and requested the COuncil's approval. He has viewed the site for many weeks and does not see any cOnflicts. He indicated he has given his testimony at churches all over the United States and Britain and in all types of facilities. Steve Kerwin, the Singles Minister for The Eagle's Nest, indicated they offer an alternative for singles on Saturday nights. Viacom has been very cooperative and several emploYees of Viacom have indicated they are anxious for the chUrch to locate next door. Nancy Takaki indicated she had been a single parent for 14 years. Her children are raised with 1 boy at home and 1 boy living with them who was awarded by the court. As a counselor, she sees many people who are looking for some kind of direction to their lives. As a part of the ministry of the Eagle's Nest, they are shown the way of the Lord. DiCk Howard, Commercial Broker indicated he has been desperately trying to find a location for the Eagle's Nest to locate. The Council has an opportunity tonight to approve this request, and he urged this action. Mayor Snyder closed the public hearing. Cm. Jeffery clarified that the issue was not the value of the church. She indicated that she appreciated the people coming forward and felt that everyone recognizes that the needs are there. Cm. Jeffery also indicated that what other cities do is not necessarily pertinent to Dublin. Several things bothered her about this situation. The parking issue is one. Because of where the building is located, restrictions would preclude some uses during the day. CM-5-223 Regular Meeting October 27, 1986 Since the area is designated as an industrial area, Cm. Jeffery was not sure the ambiance of the area would be appropriate for a church. The access is not the easiest for the community. Utilization of the area is limited. When the vacant buildings are filled, there will be an impact on the area. Cm. Vonheeder indicated that this has been Dublin's first opportunity to review a proposal of this sort in an industrial area. This allows an innovative means to smooth out some of the traffic on the streets. The City needs to look carefully at potential non-traditional uses. Cm. Hegarty felt that Cm. Jeffery was well within her rights to appeal this issue. Hadlthe issue been denied by the Planning Commission, the church could have appealed it to the City Council. The appeal was not filed to cause delayS, but in order for the City Council to hear and consider the issue. Cm. Hegarty felt the issue boiled down to whether they should be allowed to do the good things that they do in the location they are proposing. No matter where they locate, they need a Conditional Use Permit. The City must determine if it will be harmful to the City if a church operates in the hours proposed. Deliveries in an industrial .area can occur 24 hours a day, 7 days a week. He has reviewed various loading/shipping/ delivery receipts and does not notice a lot of deliveries at this time. He questioned what really is the harm in letting the church operate here. They should be allowed to operate during the week after 7:00 p.m. Cm. Moffatt felt that as long as the church realizes the problems of being in a light industrial area, they should be allowed to locate there. He felt the Council should approve the Eagle's Nest request to operate a church in this area and the requested additional hours should be accommodated. Mayor Snyder indicated he could support the request and further felt that 6:00 p.m., is a reasonable time in that the church needs flexibility for the entire week. Mayor Snyder expressed concern related to Saturday traffic in that Saturdays are fairly traditional for weddings. He also indicated the needed flexibility for funerals. Perimeter safety lighting around the building was discussed. Planning Director Tong indicated that there is a minimum of lighting at the present time and he was not sure if the applicant is ready to bring in lighting as is found in other church areas. The City will need to insert a condition related to lighting. City Attorney Nave felt the requirements should be tied in with what's reasonable., City Engineer Thompson indicated that the International Engineering Society sets forth what the standards should be. Cm. Hegarty~questioned if the approval is granted, when does the clock start. Planning Director Tong indicated that the approval would be effective immediately and the CUP expires January 31, 1990. The action at this meeting is final. ~ CM-5-224 Regular Meeting October 27,' 1986 On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by majority vote, the Council approved the Eagle's Nests' application to locate a church in a light industrial zone. The weeknight hours of operation allowed will be 6:00 p.m. to midnight and unlimited hours on Saturdays and Sundays. A new condition shall be added to the Conditions of Approval. Condition #20 shall be "add lighting for safety purposes for meet I.E.S. requirements. Cm. Jeffery voted against this motion as she felt the approval sets a precedent and will make it difficult for the City to adhere to zoning rules in other parts of the City. She also felt it was unfair to the church to be located in an industrial area. The Council adopted RESOLUTION NO. 119 - 86 APPROVING ON APPEAL PA 86-074 THE'iEAGLE'S NEST CHRISTIAN FELLOWSHIP OF NORTHERN CALIFORNIA CONDITIONAL USE PERMIT TO OPERATE A CHURCH AND MINISTRY CENTER AT 6680 SIERRA LANE RECESS A short recess was called. Ail Councilmembers were present when the meeting reconvened. PUBLIC HEARING LANDSCAPING& LIGHTING ASSESSMENT DISTRICT 86-1 (TRACT 5511) Mayor Snyder opened the public hearing. Staff advised that the property owners, Rafanelli & Nahas and Ahmanson Developments, The Villages @ Alamo Creek, have submitted a petition requesting and consenting to the formation ~of a Landscaping and'Lighting Assessment District for purposes of maintaining certain improvements within the Tract. Staff noticed this public hearing in anticipation that the details to be included in ~the Engineer's Report would be complete. As of this date, the report is incomplete. On motion cf Cm. Hegarty, seconded by Cm. VOnheeder, and by unanimous vote, the Council continued this public hearing to the meeting of November 10, 1986. SILVERGATE DRIVE TRAFFIC STUDY At its SePtember 22, 1986 meeting, the City Council received a preliminary presentation from TJKM regarding traffic problems on Silvergate Drive and heard comments from many residents of that area. The issues of speeding, stop signs and the provision of an adult crossing guard for Nielsen School students were discussed and Staff was directed to continue their study of the problems. CM-5-225 Regular Meeting October 27, 1986 TJKM prepared a report with recommendations related to an adult crossing guard, stop sign investigation, student bicyclists, speed survey, Betlen Drive intersection and the Dublin Boulevard intersection. It was recommended that an adult crossing guard be placed at the intersection of Silvergate Drive and Amarillo Road. An additional suggestion was the placement of a crosswalk on the north leg of Peppertree Road at Silvergate in order to direct children toward the crossing guard at Amarillo Road. It was felt that a four-way stop intersection would benefit northbound traffic and'also student bicyclists. The recommended route for bicyclists is different from that for pedestrians. Because the 85th percentile speed is 36 mph, TJKM suggested consideration be given to changing the speed limit to 30 mph. This would not increase speeds, but merely decrease the percentage of motorists who are not in compliance with the speed limit. The Police Chief and City Manager recommended that the speed limit be left at 25 mph, at this time. Regarding the Betlen Drive intersection, as discussed at the September 22nd meeting, the left turn pocket was not repainted, following slurry seal. The City maintenance department will correct this. The modification of the median mentioned in relation to southbound traffic would require further Staff study in relation to cost and design. TJKM recommended maintaining the Dublin Boulevard two-way stop at the present time. This intersection will receive further study in relation to the Hansen Ranch Development and other recommendations may be appropriate in the future. Cm. Moffatt questioned if pedestrians in a crosswalk have the right-of-way. Staff responded that once a pedestrian steps off the curb, they have the right-of-waY. Barbara Michardi, President of the Safety Committee indicated she was pleased with Staff's recomendations. She felt the addition of speed bumps would also help. The existing signs are not properly displayed. She has noticed some improvements with regard to speeding with the increased patrol. Diane Griffiths, Principal of Nielsen School indicated that the hours needed for the new crossing guard would be similar hours to the one at Shannon Avenue and San Ramon Road. Zev Kahn questioned how the speeds were determined for the survey. Chris Kinzel indicated that their primary interest in doing the speed check was where the proposed crossing guard locations were to be. It was not a comprehensive study of the entire area. Mr. Kahn felt that speeds were much higher coming off the hill heading east. This makes the speed coming around the curve tOward Amarillo Road excessive. Bicyclists should be instructed to get off their bikes and walk them across the streets. CM-5-226 Regular Meeting October 27, 1986 Linda Carter requested that the Council consider her request for the placement of stop signs in front of Nielsen School. Mayor Snyder felt this is a separate issue at this time, but that Staff could look into this possibility. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council approved the provision of an adult crossing guard on Silvergate Drive at Amarillo Road, installation of stop signs and related pavement markings on Silvergate Drive at Peppertree Road, and an additional crosswalk on Peppertree Road. The Council also authorized a budget transfer of $6,300 from the Contingent Reserve to cover the cost of an adult crossing guard for the remainder of Fiscal Year 1986-87. The CoUncil also directed that the request made by Linda Carter be reviewed by Chris Kinzel and Lee Thompson. CITYHOOD BIRTHDAY PARTY The Park & Recreation Commission has suggested that the City sponsor a CityhoOd Birthday Party to commemorate the 5 year anniversary of the City's incorporation. Suggested activities included a poster contest fOr children, photo contest for teens & adults, a 5k and 10k fun run, dance, Shannon Center open house. Commissioners Zika and Hernandez have volunteered to serve on a Committee. Cm. Jeffery~reviewed the list of possible activities and felt that 5k and 10k runs were too hard to put on and she suggested dropping this from the list. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the CoUnCil approved the Cityhood Birthday Party and appointed Cm. Moffatt and Cm. Vonheeder to serve on a Steering Committee. OTHER BUSINESS Kolb. ?ark Purchase........Agreement At the~regular City Council meeting on August 25, 1986, the City Council authorized Staff to apply for a grant under the California Parkland Recreational Facilities Act of 1984. The grant totalled $116,280 and applications were due by October 1, 1986. It is anticipated that the total purchase and development of the park will be approximately $913,120. Staff has been notified that the application cannot be considered complete without the City holding title to the property. A draft agreement for the purchase and sale of the Kolb Park site has been provided to the School District officials, who have informed Staff that it is necessary to have the document reviewed by legal counsel and the State Board of Education. CM-5-227 Regular Meeting October 27, 1986 Cm. Jeffery questioned if the School District is aware that the community might lose $116,000 because of their delay. In order that the City may continue to be considered for the competitive grant, on motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council' adopted RESOLUTION NO. 120 - 86 AUTHORIZATION TO EXECUTE THE KOLB PARK PURCHASE AGREEMENT T~ Fairfield/T~aSfic.Study Request City Manager Ambrose reported that the City had recently been a meeting with Ted Fairfield & Associates, property owners in Dublin's eastern sphere of influence. 'This group has requested TJKM to do a traffic engineering study for their project. Mr. Fairfield did not feel there would be any conflict and they have requested the City's authorization to allow TJKM to proceed with a study. Cm. Jeffery indicated the City could always hire someone else to check the study. Cm. Hegarty questioned if Mr. Fairfield would be paying for the study. Staff responded the he would. Cm. Hegarty then questioned if the developer is paying for the study, how does the City insure that it gets an unbiased report. Chris Kinzel indicated his firm would build upon the existing data and pointed out that there is no exclusion in their contract. A comprehensive analysis of the entire area would be the best way to approach the study. The sphere of 3 cities comes together at one location so all this needs to be reviewed. The study would be subject to an independent review at a future date. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:24 p.m. . . . . ///~/~ CM-5-228 Regular Meeting October 27, 1986