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HomeMy WebLinkAbout06-24-1985REGULAR MEETING - June 21, 1985 A regular meeting of the City Council of the City of Dublin was held on Monday, June 24, 1985 in the meeting room of the Dublin Library. The meeting was called to order at 7:32 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Vonheeder and Mayor Snyder. ABSENT: Councilmember Moffatt. PLED(~E OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alleg- iance to the flag. REQUEST FOR RE?~T CONTROL Mr. Joe Goode, 7585 Amador Valley Boulevard, addressed the Council and advised that due to the fact that rents were going up and up, he requested some sort of rent control measures be adopted within DUblin. Mayor Snyder indicated that this issue had never been brought before the Council and advised Mr. Goode that if there is a demonstrated, concern, the Council would consider it. Mr. Goode was advised to generate support for the concept. COI~SENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council took the following actions: Approved Minutes of Regular Meeting of June 10, ~985; Approved Financial Report for Period Ending May 31, 1985; Accepted J~mprovements as being complete pursuant to the specifications of Contract 84-7, Village Parkway Wall; Authorized final payment to Printex/Sierra Precast, Inc., in amount of $26,707.80; Authorized a budget change from the Street improvement Reserve in the amount of $3,880 to provide final funding for the project; Denied clsim of Bette Jean De La Fuente and directed Staff to notify Claimant and City's Insurance Broker; Denied claim of Dale Eugene Spencer and directed Staff to notify Claimant and City's Insurance Broker; De~ied claim of Anthony Buccola and directed Staff to notify Claimant and City's Insurance Broker; ~ CM-4-125 Regular Meeting June 21, 1985 Adopted RESOLUTION NO. 53 - 85 ACCEPTING FOR THE PUBLIC A TRAFFIC SIGNAL EASEMENT AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND CLARK AVENUE Approved Warrant Register in the amount of $228,890.83. PUBLIC HEARING ALL SEASONS RIDING ACADEMY CONDITIONAL USE PERMIT APPEAL OF PLANNING COMMISSION ACTION DENYING CUP Mayor Snyder opened the public hearing. On June 6, 1985, Stel Papadopoulos, the applicant/appellant, requested the City Council to continue his appeal until June 24, 1985 because of school finals. On June 10, 1985, the City Council opened the public hearing, heard several comments in opposition to the application, and continued the public hearing until June 24, 1985. On June 19, 1985, Stel Papadopoulos requested a second continuance in order to try to develop a compromise regarding his bingo operation. He indicated he would attend the June 24, 1985 City Council meeting to discuss his request. The two major proposed uses are 1) therapy center for disabled and non- disabled athletes and 2) a place for public gathering, including classes, potluck dinners, meetings, and bingo. The Planning Commission unanimously denied the appli'cation, finding that 1) the use would be detrimental to the economic v%tality of the existing commercial tenants and the center at large; 2)~the use would be inconsistent with the C-1 District intent to prOvide areas £or comparison retail shopping and office uses' and 3) the use would be inconsistent with the General Plan policy which calls for strengthening existing shopping centers. Robert Grassmyer, a member of the Board of Directors of Ail Seasons Riding Academy, addressed the Council and stated that Ail Seasons Riding Academy was withdrawing their application for a Conditional Use Permit. Mayor Snyder closed the public hearing. The Council accepted the request to withdraw the application. An unidentified member of the audience asked how soon a new Conditional. Use Permit could be requested. Staff explained that if a CUP application is denied, the applicant must wait one year; however, if an application is withdrawn, it could be resubmitted the next day. CM-4-126 Regular Meeting June 24, 1985 INTRODUCTION City Engineer, Lee Thompson, introduced John Lisinko. Mr. Lisinko will be filling in at City Offices for the next few weeks while Mr. Thompson will be away on vacation. PUBLIC HEARING JAMES LANGE REQUEST FOR FOUR VARIANCES APPEAL OF PLANNING COMMISSION DENIAL Mayor Snyder opened the public hearing. Mr. Lange has submitted an application for an auto glass replacement facility with four variances to the C-2-B-40 District regulations: 1) to allow construction of a 6,435 sq ft lot, rather than the 40,000 sq ft lot required by Zoning; 2) to allow construction on a 55 ft wide lot, rather than the 150 ft median lot width required; 3) to allow zero sideyard setback rather than the 20 ft required sideyard setback; 4) to allow parking in the 30 ft front yard, rather than keeping the required front yard clear of parking. On April 30, 1985, the Zoning Administrator held a public hearing and denied Mr. Lange's application. Mr. Lange appealed. On May 20, 1985, the Planning Commission unanimously upheld the action of the Zoning Administrator. In denying the appeal, the Planning Commission found that 1) the proposed use, an auto glass replacement facility, is not consistent with the Dublin General Plan which designates the site for retail or office development; 2) the proposed use would be more appropriately located in one of the industrial or auto related commercial-areas of the City; 3) the proposed use is not consistent with other office and retail projects approved on Dublin Boulevard; and 4) the size of. the site is inadequate for the proposed use. An auto glass replacement facility would operate more attractively and efficiently on a site larger than 6,435 sq ft. Cm. Hegarty requested clarification that if the vote were to be a 2/2 vote, the appeal would be denied. This was explained to Mr. Lange and he was asked if he wished to continue the appeal until such time that a full Council would be present to hear the appeal. Mr. Lange stated he wished to have the matter decided upon at this meeting, as it had drug on for a long time. He stated the zoning on this parcel has been incorrect all along. The use they are proposing, they feel, is the best use of the property for them, as well as for the City of Dublin. Mr. Lange introduced Mr. Steve Cummings, a representative from Satelite Auto Glass Corporation, Wichita, Kansas. Mr. Cummings stated they have 219 retail outlets in the United States, and they prefer to locate in areas away from automotive establishments as they consider themselves to be a retail store. They felt their store'could be properly located in a C-2-B-40 zoned area. The average size of their facilities run about 1,500 sq ft and in Dublin they are proposing an 1,800 sq ft facility. CM-4-127 Regular Meeting June 24, 1985 Cm. Vonheeder stated she considered this to be a retail use rather than service oriented. She felt~ it would be a proper use of the property. Cm. Jeffery voiced serious reservations related to the small number of parking spaces which would be available. Cm. Hegarty questioned how many of their stores sat on 6,000 sq ft sites, and had only 4 parking spaces. Mr. Cumming said that they have some stores in shopping centers or in strip centers. Mayor Snyder questioned if their other stores use reciprocal parking arrangements or have their own parking. Mr. Cummings indicated that they use common parking. Rick Harris, District Manager of Satelite Auto Glass Corporation, stated that their sites are always inspected and%hey run a very clean operation, and he felt it would be a benefit to the community to have their store be a part of this community. Mayor Snyder questioned how their facilities were different from Aamco Transmission as an example. Mr. Cummings stated they generated no where near the debris, oil or grease that other auto service shops produce. Cm. Vonheeder felt that perhaps considerations needed to be made, due to the small size of the lot and that was what variances were for. She felt the definition of various zoning areas was questionable. They have a unique situation in that they do business on an appointment basis. Cm. Hegarty felt the variances being requested were significant variances and that this site doesn't lend itself to the proposed development. Cm. Hegarty stated that Mr. Lange was aware of the problems when he purchased the former well site. He felt a better use of the property would be to remove the fence and make it part of the adjourning parking area. Cm. Hegarty felt it critical for the Council to follow existing policy of the General Plan. The proposed use would be inappropriate. Mr. Lange again stated that the property is miszoned. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by majority vote (Cm. Moffatt absent), the Council adopted RESOLUTION NO. 5g - 85 DENYING JIM LANGE's APPEAL & UPHOLDING THE PLANNING COMMISSION ACTION DENYING 4 VARIANCES AT 6997 DUBLIN BLVD CM-~-128 Regular Meeting June 2~, 1985 PUBLIC HEARING ADOPTION OF THE 198~ NATIONAL ELECTRICAL CODE Mayor Snyder opened the public hearing. State law requires cities to adopt model codes within 1 year after adoption by the State Department of Housing and Community Development. The proposed code reflects technological changes and clarifies developments in the field. No public comments were made. City Manager Ambrose reported that one written letter of support had been received. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council waived the reading and introduced an ordinance amending Chapter 3, Article 1, Section 31.2 of Ordinance No. 02-$~, relating to the adoption of the National Electrical Code. PUBLIC HEARING AMENDMENT TO BUILDING CODE RELATING TO ACCESS TO BUILDING FOR THE HANDICAPPED Mayor Snyder opened the public hearing. State law requires cities to adopt regulations approved by the State Department of Housing and Community Development. The requirement has resulted in the need for the City to adopt standards for accessibility to buildings for the handicapped. The proposed ordinance will also clarify conflicts between the Uniform Building Code and the State Administrative Code. No public comments were made. Mayor Snyder closed the public 'hearing. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the CoUncil waived the reading and introduced an ordinance amending Chapter 2, Article 2, of Ordinance No. 02-8g, by adding a new section 22.31 and 22.32 relating to accessibility of building to the physically handicapped. PUBLIC HEARING NO PARKING ZONES (RED CURB) ON AMADOR PLAZA ROAD AND ON REGIONAL STREET Mayor Snyder opened the public hearing. On May 28, 1985, the City Council approved restriping Regional Street and Amador Plaza Road for two-way left turn lanes between Dublin Boulevard and Amador Valley Boulevard. In conjunction with this work, red curb painting is proposed at some driveways to improve sight distance from these driveways. CM-~-129 Regular Meeting June 24, 1985 A total of 8 on-street parking spaces would be removed on Amador Plaza Road and ~ on-street parking spaces would be removed on Regional Street. No public comments were made. Mayor Snyder closed the public hearing. Mayor Snyder questioned if it would be advantageous to mark parking crosses on these streets. City Traffic Engineer Kinzel stated crosses were not currentiy needed, but may be required in the distant future. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council waived the reading and on an urgency basis, adopted ORDINANCE NO. 11 - 85 ESTABLISHING TRAFFIC REGULATIONS NO PARKING ZONES ON AMADOR PLAZA ROAD AND ON REGIONAL STREET CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT During 198~-$5, the City levied its first assessments for the maintenance and energy co,ts associated with street lights throughout the City. It is anticipated that 198~-85 revenues will exceed expenditures by $13,350. It is proposed that the reserve be carried over to 1985-86 to fund the street lighting costs. The total projected costs for 1985-86 are $1~3,350, which will require assessments totaling $130,000. The increase in cost over the prior year is required by the addition of~ lights and anticipated increases in energy costs. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote (Cm. Moffatt absent), the Council adopted RESOLUTION NO. 55 - 85 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT and RESOLUTION NO. 56 - 85 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS (August 12, 1985, Dublin Library) ¢M- -130 Regular Meeting June 24, 1985 DUBLIN SPORTS GROUNDS SITE IMPROVEMENTS The ~ublin San Ramon Services District is undertaking a $350,000 renovation of the Dublin Sports Grounds. The project, divided into three phases, is scheduled to start in the Fall of 1985. Phase I consists of 1) a fitness court with stations located around the perimeter of the park; 2) a sunken picnic area with tables, benches and turf amphitheatre seating adjacent to the existing tot lot; 3) additiOnal trees; 4) additional picnic tables located around the perimeter of the park. The Park & Recreation Commission reviewed the plan at their meeting of June tl, 1985. The Commission indicated their support of the improvements and expressed concerns of 1) will there be water and barbeques at the group picnic area? 2) is there a possibility of putting another restroom facility at the back of the park, adjacent to the freeway? 3) the satellite picnic tables are too far to walk from the parking lot. Council consensus was that the distance to the satellite picnic tables was acceptable. Discussion was held related to the possible realignment of the Imperial Freeholds property and what the affects of a property exchange would have on the layout of the Sports Grounds. Cm. Vonheeder reported that an exchange would mean the elimination of one baseball diamond. Cm. Jeffery expressed concern with a sunken area because of past problems at Kolb Park. Captain Shores indicated that even though he had not reviewed the proposed sunken area plans, the police department would not be favorable toward the development of sunken areas because of the obvious policing problems. Cm. Vonheeder felt that when you dig 3 to ~ feet down, you'll run into mush anyway, so it might not even be feasible. Council consensus was that Staff forward comments to the Dublin San Ramon Services District. RESTRICTION OF COMMERCIAL TRUCK PARKING The City Traffic Engineer has conducted a study as a result of complaints relating to long term truck parking on public streets. The report outlines the potential problems associated with the parking of commercial trucks. A suggested method of dealing with the problem is to restrict the parking of commercial trucks to no more than 2 hours unless they are loading or unloading. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council directed the City Attorney to develop an ordinance as appropriate, and established a public hearing for July 8, 1985. Regular Meeting June 24, 1985 1984-85 BUDGET MODIFICATIONS It is anticipated that during Fiscal Year 195~-85, revenues will be in excess of 1954-$5 appropriations by approximately $~52,010. The precise amount will be determined at the time that the City's accounting ledgers are closed. Pursuant to State Law, the additional revenues must be appropriated. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council appropriated excess revenues in General and Gas Tax funds to Street Improvement Reserve and appropriated excess revenues in all other funds to Reserve for Authorized Projects. OTHER BUSINESS Processing of Annexation City Manager Ambrose indicated that the City had just been advised as to what the final number would be for the performance of a financial services plan for the property which the Council directed Staff to pursue for annexation. Staff had had several meetings with Gruen + Gruen, a consulting firm that has done a lot of work for the City of Pleasanton in a similar capacity. It was hoped that the scope of services to be provided could be more precisely defined. County counsel has yet to respond to some of the questions Dublin has with regard to what work they would like to see us have done as part of our annexation proposal. The initial proposal was about $10,000, which only included the impact of services on Dublin. The proposal amount has been increased to $13,500, to include a determination of the financial impact on DSRSD services. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council authorized the City Manager to enter into an agreement with Gruen + Gruen to perform this financial services study for the Camp Parks and environs annexation and authorized the additional expenditure of $1,000 for this study. Stark Bill Congressman Stark has proposed a bill with respect to the disposition of 150 acres on the southern portion of the Camp Parks site. He is proposing in his bill that GSA place this property in an open bid situation in which the Federal Government would get the highest return possible. He has also indicated that he would include in his bill a provision that would pay the East Bay Regional Park District $1.1 million and that would effectively buy their portion of the ~50 acres that they presently have. Also provided would be $6 million to DSRSD to include the sewage facility aspects of the Camp Parks site to bring that up to an acceptable condition. These two amounts would be taken off the top from whatever price they received for the property in an open bid situation. CM-~-132 Regular Meeting June 2~, 1985 Congressman Stark's office has indicated that they are presently opposed to the land swap proposed by Alameda County. The County will be holding a hearing tomorrow morning regarding the Navy housing plans for the Fairmont Hospital site as they relate to the proposed land swap. Supervisor COoper is hoping Dublin will support the land swap. Council discussed the fact that Dublin is already on record as opposing the land swap. Council consensus was to support Congressman Stark's bill. Fire Hazard - Hansen Property Cm. Hegarty asked for a status report related to the fire hazard situation on the Hansen property. Paul Rankin reported that Staff has contacted the Batallion Chief of the Division of Forestry. The Chief indicated that in the past, the County has not been willing to fund the money necessary to conduct weed abatement. A hearing by the Alameda County Board of Supervisors would be necessary. Staff is hoping that the property owner will respond. Council asked that Staff contact Dr. Harvey Scudder and provide a status report. Task Force - Aging Cm. Hegarty reported that he would be attending an aging task force meeting the following morning. Arroyo Vista Cm. V0nheeder reported that she had attended the'Arroyo Vista meeting at it appears that most of the concerns of the residents related not to who is running the show, but that things won't change. The next move will be up to the City of Pleasanton. Lockyer Bill Cm. Jeffery reported that the L6ckyer Bill that was supposedly dropped has been picked up by Montoya. Staff indicated they would check into this and provide further information. CM-~-133 Regular Meeting June 2~, 1985 Art Work Purchase Deputy City Clerk Kay Keck reported that a watercolor painting had been purchased for the City of Dublin which would be displayed at City Offices following the close of the Alameda County Fair. The painting, entitled "Artichoke", is on display in the art exhibit at the fair. Table Skirts The Council made favorable comments regarding the newly purchased table skirts which were used for the first time this evening. ADJOURNMENT There being no further business to come before the Council, at 9'25 p.m., the meeting was adjourned to an adjourned regular meeting on the following evening at 6'00 p.m., for public hearing for consideration of 1985-86 Budget, Capital Improvement Program Update & Revenue Sharing Use. ATTEST' ~ ~ ~ City CIe~k~ Regular Meeting June 24, 1985