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HomeMy WebLinkAbout11-10-1986REGULAR MEETING - November 10, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, November 10, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7:31 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. WINTER STORM PREPAREDNESS WEEK Mayor Snyder read a resolution which will be sent to Tom P. Shores, Chief, Office of Emergency Services, related to Dublin supporting the statewide Winter Storm Preparedness Campaign on November 17-22, 1986. The State of California, in conjunction with Alameda County has prepared camera-ready artwork with Dublin's name and telephone number and printed copies of the "Be Winter Wise" pamphlets. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 121-86 DECLARING WINTER STORM PREPAREDNESS WEEK NOVEMBER 17-22, 1986 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 October 27, 1986; Adopted RESOLUTION NO. 122 - 86 ACCEPTING GRANT DEEDS FOR EAST DOUGHERTY HILLS PARK AND DOUGHERTY HILLS OPEN SPACE PARCELS %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-229 Regular Meeting November 10, 1986 Adopted RESOLUTION NO. 123 - 86 ACCEPTING DEED OF DEDICATION FROM DUBLIN SAN RAMON SERVICES DISTRICT FOR RIGHT-OF-WAY ON DOUGHERTY ROAD Approved City Treasurer's Investment Report for Period Ending October 31, 1986; Adopted RESOLUTION NO. 124 - 86 Adopted APPOINTING CITY TREASURER (PHILLIP MOLINA) AND DEPUTY CITY TREASURER (RICHARD AMBROSE) RESOLUTION NO. 125 - 86 APPROVING AN AGREEMENT FOR LEASE OF THE FALLON SCHOOL MULTI-PURPOSE FACILITY and authorized the Mayor to execute said agreement and authorized a budget transfer from the Contingent Reserve in the amount of $800 to the Recreation Rental account; Adopted RESOLUTION NO. 126 - 86 APPROVING AGREEMENT WITH ALAMEDA COUNTY FOR ESTABLISHMENT OF A BAIL INCREASE ON DELINQUENT PARKING CITATIONS AND DISTRIBUTION OF FUNDS COLLECTED Approved a Joint Facility Use Agreement for portable classroom use at Nielsen School and authorized the City Manager to execute said agreement; Retained the firm of Grossmann, Stoller & Associates to provide architectural services for the renovation'of the Fallon School Multi-Purpose facility for senior citizen use and authorized the Mayor to execute said agreement; Approved Warrant Register in the amount of $626,506.01; Cm. Jeffery requested that the item related to a Tree Lighting Ceremony at Shannon Center be removed from the Consent Calendar for discussion. Cm. Jeffery expressed concern that if the ceremony is moved, the City'will lose its focal point at the Library. Staff explained that it 'was planned to light 2 trees simultaneously. Because of weather conditions, it would be better to hold ceremonies inside. City Manager Ambrose questioned if the Council also wanted to hold ceremonies at the Library. The Council agreed that the December 8th Council meeting should be held at Shannon Center and would immediately follow the tree lighting ceremonies. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-230 Regular Meeting November-10, 1986 On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council approved expenditure of between $422-$482 for the tree lighting ceremony at Shannon Center and directed that the Park & Recreation Commission should work out the logistics. PUBLIC HEARING SILVERGATE DRIVE - INSTALLATION OF STOP SIGNS @ PEPPERTREE ROAD Mayor Snyder opened the public hearing. On October 27, 1986, the City Council received a report, heard public testimony and approVed the installation of stop signs on Silvergate Drive at the intersection of Peppertree Road. 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 waived the reading and on an urgency basis, adopted ORDINANCE NO. 19 - 86 ESTABLISHING TRAFFIC REGULATIONS (STOP SIGNS AT SILVERGATE DRIVE @ PEPPERTREE ROAD) PUBLIC HEARING RIDOUT ROOFING COMPANY, INC. REQUEST FOR VARIANCE TO TABLE 32-B OF 1982 UNIFORM BUILDING CODE Mayor Snyder opened the public hearing. Chief Building Official Taugher explained that Section 11.13 of Ordinance 2- 84 provides that the City Council may grant variances to the Building Code where the Council finds that the variance is consistent with the purposes of this ordinance and the variance'will not lessen the protection to the people and property situated in the City of Dublin. Ridout Roofing Company is installing concrete roof tiles in the Hatfield Development, Tracts 5072 and 5703. Staff has been advised that the tile is not being nailed as specified in Table 32-B of the 1982 UBC which requires 1 nail per tile, but rather in accordance with the manufacturer's recommendation of 1 nail per tile in every other row. A revision which would allow this and which will appear in the 1988 UBC, was made recently. Cm. Jeffery asked for clarification, as she wasn't sure how the tiles were put together. Mr. Taugher demonstrated how the tiles would be put in. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-231 Regular Meeting November 10, 1986 Cm. Moffatt questioned if the tiles were interlocking. Mr. Taugher responded that they were. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 127 - 86 . GRANTING VARIANCE TO TABLE 32-B OF THE UNIFORM BUILDING CODE TO RIDOUT ROOFING COMPANY, INC. PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 1986-1 (TRACT 5511) Mayor Snyder opened the public hearing. Staff explained that the property owners within Tract 5511 (The Villages @ Alamo Creek), Rafanelli & Nahas and Ahmanson Developments, have submitted a petition requesting and consenting to the formation of a landscaping and lighting assessment district for purposes of maintaining certain improvements within this tract. Ahmanson Developments is the owner of Lots 1 through 145 (Village VI). Rafanelli & Nahas own Lots 146 through 151. Villages IV and V will not be included in the District at this time, but will be annexed when developed. The figure of $58,460 was formulated from the costs asSociated with those in District 1983-2 and estimates of manpower required to maintain the improvements. This assessment amount is being set for Fiscal Year 1987-88. The improvements to be maintained include landscaping, irrigation, fencing and associated structures along Dougherty Road, Amador Valley Boulevard, Alamo Creek Drive, Shady Creek Road and the slopes above Lots 119 to 145, and any earth slide problems associated with the two open space parcels. No public comments were made. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 128 86 INITIATING PROCEEDINGS FOR CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1986-1 (TRACT 5511) and %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-232 Regular Meeting November 10, 1986 RESOLUTION NO. 129 - 86 ORDERING FORMATION OF CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1986-1 TRI-VALLEY PLANNING TASK STUDY GROUP - FINAL REPORT The Tri-Valley Planning Task Study Group reviewed major Tri-Valley area planning issues and prepared a Final Report. The Study Group has requested that the City review the Final Report and make recommendations. Comments were requested for: 1) Agency Roles and Responsibilities; 2) Population; 3) Housing Condition; 4) Housing Opportunity; 5) Employment Opportunities; 6) Commercial/Industrial/Office Development; 7) Public Facilities and Services; 8) Transportation 9) Environmental Resources; 10) Hazards/Public Health and Safety. Cm. Jeffery questioned if there were any policy makers on the committee. Planning Director Tong responded that the committee consisted of commissions and staff members. Cm. Vonheeder questioned if there would be a data base maintained on a computer. Mr. Tong explained that Alameda County would act as a central clearing house with some type of method developed to reimburse the County for this function. Cm. Jeffery questioned if this wouldn't be somewhat of a duplication of efforts as ABAG provides this type of service. Also, what would be their role in the future. At the Tri-Valley City Council meetings, many of the transportation related issues are already being discussed. Also, committees already exist that are studying traffic issues. Consensus of the Council was that the Counties seem to be the only ones who do not know what is being done. The Cities are already dealing with the issues. Cm. Jeffery felt Staff should forward Council comments made at this meeting to the Alameda County Planning Staff, in addition to the comments that Staff has prepared. PUBLIC HEARING HALL-FRASER VARIANCE FROM REQUIRED SETBACKS FOR ACCESSORY BUILDINGs APPEAL OF PLANNING COMMISSION ACTION DENYING PA 86-026 Mayor Snyder opened the public hearing. Planning Director Tong explained that Keith Fraser, an attorney representing Ralph Hall, .is applying for a variance to allow a shed in the sideyard at 11791 Bloomington Way. The applicant is requesting approval of a variance to %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-233 Regular Meeting November 10, 1986 allow an existing shed in the sideyard setback to vary from 3 provisions of the City's Zoning Ordinance: 1) Accessory structures must maintain a required 6' minimum setback from existing structures on the site; 2) Accessory structures must maintain a required 6' minimum setback from the sideline of the front half of an abutting lot; 3) Accessory structure shall not occupy the front half of a lot. Staff explained that the Building Department issued a Stop work Order on the project requiring the structure to be removed or a variance applied for. The applicant completed the shed in violation of the Stop Work Order and subse- quently applied for a variance. The variance request was denied by the Zoning Administrator, appealed by the applicant and subsequently denied by the Planning Commission. Keith Fraser, Attorney representing Mr. and Mrs. Hall pointed out some things to the Council that he felt might help resolve the situation. This issue has gone on for sometime and has created a volume of paperwork for staff. He felt it was obvious early on that the findings could be made. Much confusion existed when Mr. Hall started the project. Mr. Hall and his neighbor, Mr. Wiley, came'to the City to get all the necessary permits to do what he wanted to do. They were told they didn't need a permit for a shed like they proposed to'build. Mr. Hall did not get the Stop Work Order, as it was handed to his wife. They were advised 3 times that they must obtain a variance. Two different plans exist. One set of the plans indicated a spot for a shed. Mr. Fraser felt that someone from the City should have questioned this. If the Council grants the variance at this meeting, Mr. Fraser stated that they would try to comply with the building code. It was difficult for them to testify against Bob White, the City,s Building Inspector, as their contractor has moved away. Mr. Hall stated he felt this issue must seem pretty ridiculous to all. He stated he moved into his house on June 24, 1984 and prior to hiring a contractor, he went down to City Hall to question where to put his shed. He asked specifically what the requirements were for putting in a shed. Mr. Ron Wiley stated he lives down in the next block from Mr. Hall. He stated they were told that if a shed will be under 100 sq ft, they would not need a building permit. Mr. Hall's shed looks extremely nice and it would be a shame to have to tear it down. Mr. Charlie Ryan questioned the fact that the Planning Commission overturned their own approval. Planning Director Tong explained the chronology of events. The Planning Commission directed Staff to prepare a resolution of approval and bring it back to the Commission. Mr. Fraser felt there was a 3/1 vote approving the variance by the Planning Commission. Mr. Tong again explained the Planning Commission's direction and advised that the minutes are a public record and are available at City Hall. Mr. Tong repeated the 3 findings that must be made. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-234 Regular Meeting November 10, 1986 Mr. Ryan returned to his seat stating he was thoroughly confused. Mr. Fraser reported that there has not been one neighborhood complaint against the shed. Mayor Snyder closed the public hearing. Cm. Jeffery questioned what the cOntractor's responsibility is with regard to permits. Also, shouldn't a contractor know the codes in an area where he is doing business. Mr. Tong stated that it generally would be the responsibility of the contractor. Mr. Tong explained that a contractor is required to be state licensed, but there is a special provision that allows homeowners to do the work themselves. Cm. Jeffery questioned who Mr. Hall's contractor was. Mr. Hall responded that it was Eric Hansen, but it was clarified that Mr. Hansen was his landscaping contractor. Randy Construction built the shed and has moved out of the area. Mr. Hall stated he did not know whether or not Mr. Randy was state licensed. Cm. Hegarty stated that he thought that drawings which are submitted are customarily stamped with some kind of approval indicating they've been accepted. No such stamp was present on Mr. Hall's second drawing. Cm. Vonheeder questioned why, after being told by 3 different people, Mr. Hall didn't apply for a variance. Mr. Hall stated he went down to the Planning Department and picked up papers but it was confusing to him. He went down another time and was directed to Tom DeLuca, Associate Planner. Mr. DeLuca sat down with him when he asked for assistance in filling out the necessary forms. Mr. DeLuca advised him that the City has never granted a variance and he was wasting his time. The District Attorney then told him to apply for a variance, but he did not because of what he had gone through in the past with City Staff. At this point he sought help from Mr. Fraser. Cm. Hegarty questioned how much work had been done when Bob White issued the Stop Work Order. Mr. White stated that the builder told him, when questioned as to why he finished the shed after a Stop Work Order had been issued, "I won't get paid until I finish it". Mayor Snyder questioned City Attorney Nave regarding the 3 findings. If the Council granted a special privilege to Mr. Hall, would the City in any way find that the opposite of this jeopardizes the City. Mro Nave stated it was his interpretation that if the Council granted Mr. Hall the variance it could be granting him a privilege that a neighbor would not be able to have if he walked in to apply for a permit. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-235 Regular Meeting November 10, 1986 Cm. Jeffery indicated that Mr. Hall has ignored instruction to get a variance 3 times and actually has 3 violations. Cm. Hegarty felt that what Mr. DeLuca advised was probably correct and not what Mr. Hall wanted to hear, so they decided not to apply for the variance. People will risk violations when dealing with an unlicensed contractor. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 130 - 86 UPHOLDING THE PLANNING COMMISSION ACTION DENYING PA 86-026 HALL-FRASER VARIANCE REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA DUBLIN SAN RAMON SERVICES DISTRICT STUDY The City of San Ramon City Council has taken a position regarding the ultimate disposition of the Dublin San Ramon Services District. The San Ramon sub-committee submitted a report containing conclusions and recommendations regarding the transfer of park and fire services only, to the two cities. Cm. Hegarty questioned when the Liaison Committee met with San Ramon in July, what response came back from San Ramon regarding Dublin's recommendation for total dissolution. Mayor Snyder indicated there was no response from the San Ramon City Council. Cm. Vonheeder indicated she had Spoken with some of the San Ramon people last week and they hoped the Cities could reach some decision prior to December 15th. There needs to be some kind of wording in the document that insures if the fire services JPA goes to the north, that we don't drop off in the south. Alamo, park and recreation issues need clarification, particularly park ownership impact on the Dublin Sports Grounds in lieu of the fact that it is leased from the Federal Government. Cm. Vonheeder suggested the meeting could include representatives from DSRSD. Cm. Jeffery questioned the Hughes, Heiss figures. City Manager Ambrose advised that Staff has several questions also and will need to question Hughes, Heiss. Vice Mayor John Meakin from San Ramon requested that Dublin act on this as soon as possible. The study report was analyzed in depth last summer. San Ramon had a meeting last Monday and the vote was to ask Dublin to approve in concept a division of services and direct the Liaison Committee to work out the details. Mr. Meakin stated he requested no further delay. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-236 Regular Meeting November 10, 1986 Mr. Rick Harmon, Chairman of San Ramon's Redevelopment Agency felt that it is not practical to seek a total dissolution and this is a compromise solution. From a redevelopment standpoint, action at this time is critical. He requested that the Council commit to the concept. City Attorney Nave questioned Mr. Harmon with regard to the impact of funding regarding a JPA fire district. Cm. Jeffery did not feel it would be appropriate to make a decision tonight. Some issues still need to be decided. Mayor Snyder reminded everyone that the Dublin City Council had taken action in July when they reCommended total dissolution. A tentative date of November 17th was selected for the Liaison Committee to meet. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Dublin's Liaison Committee to meet with representatives from the City of San Ramon to obtain clarification regarding their proposal. OTHER BUSINESS ~.i.ty.h.o.od .Bi.rthday Party cm. Vonheeder reported that there was a meeting last Thursday evening to discuss some of the possibilities related to the celebration in honor of the City's 5th birthday. One of the major things discussed was that the event should take place over a 3-4 day period. Several suggestions were discussed, including possibly having a tent set up at the Civic Center site, have wine tasting, have a "taste of DUblin'', with local restaurants supplying snacks, etc., a giant balloon at the Civic Center site saying "Happy Birthday Dublin". Joan King suggested breaking some kind of a Guinness Record. Friday night there should be a reception to honor volunteers and present the citizen of the year aWard. Criteria was never developed for awarding the City lapel pins. Cm. Jeffery felt the pins were developed to be presented to those who serve on a Commission or do a specific job for the Council. Other volunteers should be recognized in some other manner. CLOSED SESSION At 9:37 p.m. the Council recessed to a closed executive session to discuss Southern Pacific Right-of-Way, property negotiations. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%°%°%%%%%%%%%%%%%%%°%%%%%%%%%%%%%%%% CM-5-237 Regular Meeting November 10, 1986 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m, The meeting was adjourned to a special meeting on November 18, 1986, 7:00 p.m., at Shannon Community Center, to receive a status report regarding the Civic Center Project. ATTEST: City Cl~rk %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% CM-5-238 Regular Meeting November 10, 1986