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HomeMy WebLinkAbout06-25-1984REGULAR MEETING - JUNE 25, 1984 A regular meeting of the City Council of the City of Dublin was held on Monday, June 25, 1984 in the meeting room of the Dublin Library. The meeting was called to order at 7:40 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 alleg- iance to the flag. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the following were approved: Minutes of Regular Meeting of June 11, 1984; Warrant Register in the amount of $188,900.48; Financial Report for Period Ending May 31, 1984; Adopted RESOLUTION NO. 58 - 84 APPROVING THE CONSENT AND RELEASE AGREEMENT FROM TRACT 4668 FOR CONTRIBUTION TO THE ALCOSTA BOULEVARD/SAN RAMON ROAD TRAFFIC SIGNAL Denied claim of Trinidad Montes Victoria and directed Staff to notify claimant and City's insurance carrier. AM/PM MINI-MART NOISE SITUATION George DeLaCruz, Sutton Lane, addressed the Council and stated he felt the noise situation is currently improved. He made a complaint several months ago. Discussion was also held with regard to enforcement procedures being useid by the Police Services to curtail loud exhaust noises on motorcycles and ~0me cars. Lt. Tom Shores indicated that Dublin does not have a proactive program. Mr. DeLaCruz suggested that perhaps if the Dublin Police gave out a fey tickets, it would stop the situation. KOLB PARK Gl~en Walder, 7574 Knollwood Place addressed the Council with concerns related to an article he had read in the newspaper regarding Kolb Park. CM-3-129 Regular Meeting June 25, 1984 The procedure that the City must follow in order to purchase Kolb Park from the School District was discussed, and it was clarified that this is not City property, and that perhaps the School District could be urged to make a decision with regard to what th'ey intend to do with this property. HARLAN ROAD CLOSURE REQUEST On June 15, 1984, Julia Uribe, a resident of the Canyon Creeks area requested by letter that Harlan Road be closed for a neighborhood block party on July 4, 1984 from 3:00 p.m. to 9:00 p.m. Ms. Uribe has secured the approval of the residents on Harlan Road. Staff recommended that the following conditions be applied: 1) Street blocked by traffic cones or easily removed barricades at Padre Way and at Via Zapata; 2) Responsible person(s) to supervise barricades in the event that traffic needs to enter or leave Harlan Road; 3) Noise level held to an acceptable level; 4) ResponsiDle person(s) to insure alcoholic beverages limited to adult consumption; 5) Responsible person(s) to insure clean-up of city street and removal of barricades. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council approved the closure of Harlan Road on the 4th of July with the conditions as noted. 1/2 MARATHON & 10K RUN REQUEST TO USE DUBLIN CITY STREETS The San Ramon Valley Education Foundation is planning three races, two of which will have considerable effect on the City of Dublin. These two races would be using a rou~e of Dougherty Road to Amador Valley Boulevard to Brighton Drive to Village Parkway to City limits at Kimball Avenue. Staff recommended that! the council deny San Ramon Valley Education Foundation permission .'to use Dublin's City streets in routing this event. Lt. Tom Shores indicated to the Council all the reasons for recommending this denial. Glen Walder, Knollwood Place, indicated he did not agree with the denial recommendations made by Lt. Shores. He questioned the real need for the manpower listed and felt the duties could be performed by lay volunteers from the community. Lt. Shores explained the other proposed runs being scheduled that would overburden the amount of vOlunteer reserve time available to the City. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council denied the request of the San Ramon Valley Education Foundation to use Dublin's City streets to route their event. Cm. Jeffery suggested that when Staff notifies the San Ramon Valley Education Foundation of the City's denial request, all the reasons be given. CM-3-130 Regular Meeting June 25, 1984 EARL ANTHONY BOWL SITE DEVELOPMENT REVIEW MODIFICATION APPEAL OF PLANNING COMMISSION ACTION TO CONDITIONALLY APPROVE PA 84-024 In 1976, Alameda. County approved a Site Development Review for the Bowling Alley. The Site Development Review specifically excluded any freestanding sign for the project. On May 11, 1984 the Planning Director conditionally approved a Site Development Review modification to allow a freestanding low-profile sign at Earl Anthony's Bowl, 6750 Regional Street. The action taken by the Planning Director required that the proposed sign, a double faced, freestanding sign, 15 feet high and 80 square feet, be revised to reflect a lOw-profile sign. The basis for this action was that a low-profile sign would provide a more effective and attractive level of sign identification than the taller and larger freestanding sign. On June 6, 1984 the Planning Commission heard an appeal of the Planning Director's conditional approval of the freestanding low-profile sign. After viewing slides of the proper.ty and hearing testimony from staff and the applicant, the Planning Commission made a unanimous decision to uphold the Planning Director's action. Staff recommended that the Council uphold the Planning Director's and Planning Commission's conditional approval of the Earl Anthony Bowl Site Development Review modifications. Staff displayed slides of the subject site. Mayor Snyder opened the public hearing. George Lane, applicant, addressed the Council and stated he had been in the sign business for 17 years. He stated he was one of the participants who helped draft the sign ordinance now being used, that was developed several years ago. Mr. Lane stated the section of the code being used is one that was intended to be used when all else failed. They simply wanted to be allowed to erect an allowable C-1 sign in C-1 zoning. They felt their request should have been a routine approval at the counter and should never have gone any further. Bruce King stated that the Howard Johnson sign is 12' off the ground and has a 4' setback from the sidewalk. Coldwell Banker has a sign 12' off the ground and a 3' setback. The Hibernia Bank sign is covered from view when buses are present from the eastbound lanes of traffic and trees completely cover the sign from view of westbound motorists. Mr. King reiterated that all they are asking for is to be allowed to put up a C-1 sign in a C-1 zone. Cm. Moffatt questioned if this was a C-1 planned development. Planning Director Tong explained that it was not a planned development, but rather a C-1 business district, but zoning restrictions do apply to this project. CM-3-131 Regular Meeting June 25, 1984 Discussion was held with regard to comparison of this request with what the sign committee has proposed. One recommendation of the sign committee was to look at additional usage of low profile signs. Bruce King read several recommendations that were made by the sign committee. John Alexander indicated he felt tree trimming could greatly enhance the building. Bruce King stated he was not opposed to locating the sign at the second driveway, and had no problem with a lower height than proposed, but he could not live with a 24 square foot sign. Mr. King stated that Howard Johnson's sign is 80 square feet. Mayor Snyder closed the public hearing. Mayor Snyder questioned if backup materials could be provided with regard to the denial and restrictions that were applied in 1976. Staff indicated the information could be obtained and presented at a future meeting. Cm. Vonheeder indicated she was opposed to putting this off any longer in that it had gone on too long already and wasn't fair to the business On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by majority vote, the Council requested additional information and continued the public hearing until the next regular Council meeting. Voting NO on this motion were Cm. Moffatt and Cm. Vonheeder. CITY COUNCIL SALARY AMENDMENT TO ORDINANCE NO. 6 At its meeting of June 11, 1984, the City Council introduced an ordinance which would amend City Ordinance No. 6. This amendment would increase City Council salaries from $150 per month to $165 per month. This increase is in accordance with Section 36516.2 of the Government Code which provides that the compensation of Councilmembers may be increased by Ordinance or amendment by amount not to exceed 5% for each calendar year from the operative date of the last salary adjustment. The City Council's salaries were established on March 15, 1982 and there have been no adjustments to those salaries since that date. This amendment to Ordinance No. 6 would become effective 30 days after the second reading of this Ordinance, or July 25, 1984. Mayor Snyder opened the public hearing. No public comments were made. Mayor Snyder closed the public hearing. CM-3-132 Regular Meeting June 25, 1984 On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15 - 84 AMENDING ORDINANCE NO. 6 BY INCREASING THE SALARY FOR MEMBERS OF THE CITY COUNCIL CONTRACT AGREEMENT FOR ADDITIONAL LIBRARY SERVICES In September, 1983, the City Council approved a contract with the County of Alameda to provide additional Library services on Mondays from 10:00 a.m. to 5:00 p.m., effective October 1, 1983 thru June 30, 1984. The total cost to the City for providing these additional hours was $29,600. Prior to October of last year, the Dublin Library, as well as other County Libraries had been closed on Mondays due to a lack of funding by the County. Staff has discussed the funding of Monday Library hours for Fiscal Year 1984-85 with the County Librarian. The County Librarian has indicated that the cost to the City would be $41,437 for the entire fiscal year. This represents an increase of 5% over the annualized cost of providing services for Fiscal Year 1983-84 which would have been $39,467. The County Librarian has indicated that there is a possibility that the Library System may receive additional funding from the State after November of 1984. If this should occur, the City would have the option of reducing or eliminating the cost of its participation in the funding of Monday Library hours (depending upon the level of funding from the State), or receive additional hours of service at the Dublin Library. Eleanor Tandowsky, Dublin Library Branch Manager, stated they were very pleased to be able to provide this service. She felt the Council had set a precedence and the City of Pleasanton had followed suit with additional library hours. Ms. Tandowsky indicated that comments from the public have been very favorable. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 59 - 84 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES APPROVAL OF FINAL MAP - TRACT 5264 - EVERGREEN Improvement plans and the Final Map for Tract 5264 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by the City of Dublin Planning Commission on January 16, 1984 (193 units on the CM-3-133 Regular Meeting June 25, 1984 old Calmet property). A subdivision agreement, bond and fees have been submitted guaranteeing the construction of improvements within the subject tract. Cm. Moffatt questioned if a signal at Donlon 'Way and Dublin Boulevard was a requirement. Planning Director Tong indicated that the need for a signal would be considered in the future as more development occurs, but that a bond guarantee is being provided. Barney Knox, Morrison Homes, addressed the Council and indicated they first wished to secure sewer permits and then they would process plans with Staff and adjacent property owners. They anticipate submitting another final map for approval next spring. The final concept will be a true subdivision rather than townhouses. There will be between 125-130 units. Discussion was held related to the approved density of 12-21 for this property. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 60 - 84 and adopted ACCEPTANCE OF FINAL MAP TRACT NO. 5264 RESOLUTION NO. 61 - 84 ACCEPT DEPOSIT IN LIEU TRACT NO. 5264 RECESS A short recess was called. Ail Councilmembers were present when the meeting reconvened. APPROVAL OF FINAL MAP - TRACT NO. 5180 AMADOR LAKES In accordance with the Subdivision Ordinance as amended by the City Council on December 12, 1983, the developer of Tract 5180 is responsible for providing either a) land dedicated to the City for park purposes or b) in lieu fees (money) which will allow the City to develop parks somewhere off the site. As calculated per the State Subdivision Map Act, the overall park standard for the City is approximately 2.3 acres of park per 1,000 population. While Dublin's park standard is less than many other cities' standards, the Map Act restricts the amount of parkland the City can require from developers. The Subdivision Ordinance is also consistent with the preliminary City policy to develop additional parks as identified in the hearings on the Dublin General Plan. Regular Meeting CM-3-134 June 25, Staff recommended that the City Council grant to Tract 5180 a park dedication credit of 36,494 square feet and accept from the developer park dedication in lieu fees totalling $269,486. After the City Council determines the park dedication credit and in lieu fees, the developer must deposit the in lieu fees with the City prior to acceptance of the Final Map. The developer has deposited in lieu fees based on two (2) acres of credit. If the Council grants the credit recommended by Staff or any amount less than two acres, the Final Map approval will need to be postponed. If the City Council grants the two acre credit, the Final Map can be approved. Ron Nahas, Partner, addressed the Council and stated he and Mark Rafanelli had met this afternoon with City Staff and Mayor Snyder and discussed several alternatives. Mr. Nahas gave a brief history of the project. Mr. Nahas stated they had agreed to alternative #4 which was discussed, that being the complete rehabilitation of the tennis courts at Kolb Park. Cm. Hegarty stated he was proud of the way these developers had dealt with the Council and he had urged other developers publicly to follow their example. Cm. Hegarty stated he was very concerned that all developers be treated equitably. Mayor Snyder indicated he and Staff had spent several hours working with this developer trying to come to some kind of resolution. A time line was discussed with regard to restoration of the tennis courts. Modifications were made to resolution accepting deed and deposit in lieu. The modifications required the developer to post bonds or security to assure improvements to the Kolb Park tennis courts and continguous landscaping by January 1, 1986. Should the City not acquire title to the park by January 1, 1986, the developer agreed to deposit $50,000 with the City for park and recreation purposes. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 62 -'84 ACCEPT DEED AND DEPOSIT IN LIEU TRACT NO. 5180 On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 63 - 84 ACCEPTANCE OF FINAL MAP TRACT NO. 5180 CM-3-135 Regular Meeting June 25, 1984 PAY PERIOD FOR PART-TIME EMPLOYEES The small size of the City Staff has made it possible for the contract bookkeeper to process payroll information and allow the City Clerk to issue warrants on the day following the close of the pay period. Given the increase in part-time employees as a result of the implementation of recreation programs, a change in pay periods is necessary. The Recreation Department will utilize independent contractors for class instruction wherever possible. The current time lag of one day will not allow sufficient time for processing payroll information for pa[t-time employees. This becomes apparent when a part-time building attendant works the evening of the final day of the pay period. Enough gime must be allowed to get an accounting of the actual hours worked, certification by the employee's supervisor, and provision of the information to the City's bookkeeper. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 64 - 84 AMENDING RESOLUTION NO. 61 - 8.2 PRESCRIBING TIME AND METHOD OF PAYING SALARIES AND WAGES DOUGHERTY ROAD STUDY PRELIMINARY REVIEW As part of this fiscal year's Capital Improvement Program, this study was undertaken to determine safety and capacity deficiencies along Dougherty Road between 1-580 and the northern City limits. The City Traffic Engineer presented findings and took comments with regard to a final presentation at a public hearing to be scheduled. Cm. Moffatt questioned if the medians would be suitable for landscaping. Chris Kinzel responded that they would. Access to truck stop on Dougherty Road was discussed. Discussion was held with regard to future developments in San Ramon and what impact these would have on Dougherty Road. It was determined that a mechanism was needed to facilitate communication between the cities. Mr. Kinzel indicated that a noise study will have to be done on this project and possibly a sound wall will be required at Arroyo Vista. A public hearing date of July 23, 1984, 7:30 p.m. was established. This public hearing will be held at the regular Council meeting. CM-3-136 Regular Meeting June 25, 1984 1983-84 BUDGET MODIFICATIONS Article XIII. B.. Section 2 of the State Constitution states that "revenues received by an entity of government in excess of that amount which is appropriated by such entity in compliance with this Article during the fiscal year shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years". Fiscal Year 1983-84 revenues are estimated to be in excess of 1983-84 appropriations by approximately $2,379,000. This figure is an estimate only and could vary at the time that the City's accounting ledgers are closed at 'the end of Fiscal Year 1983-84. It is therefore Staff's recommendation that the City Council appropriate those funds remaining at the end of Fiscal Year 1983-84 in the General Fund and Gas Tax Fund to the Street Improvement Reserve; and those funds remaining in the Revenue Sharing Fund and Capital Projects to the Reserve for Authorized Projects. This action will enable the City to continue to undertake those projects identified in the City's Five-Year Capital Improvement Program. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to 1) appropriate excess revenues in General and Gas Tax Funds to Street Improvement Reserve and 2) appropriate excess revenues in Revenue Sharing and Capital Project Funds to Reserve for Authorized Projects. OTHER BUSINESS General Plan Hearinq Date A date of Tuesday, July 17, 1984, 7:30 p.m. was established as the date for continuation of the General Plan Public Hearing. Staff will determine the location. The 30 month allowable time frame for the adoption of the City's General Plan will be up on August 1, 1984. A request for extension of ti~ne was discussed. Council consensus was that Staff request a 90 day extension from the State. Sales Tax Suit City Attorney Nave reported that, according to the Deputy County Counsel, the County has dismissed their appeal of the sales tax suit. This will mean approximately $300,000-$360,000 to'Dublin, depending upon the way it is computed. EXECUTIVE SESSION At 10:55 p.m. the Council recessed to a closed session for discussion of personnel and litigation matters. CM-3-137 Regular Meeting June 25, 1984 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:15. M~y° r m~ ATTEST: .~. ~ -- .... C-i t'~- C~i ~r k CM-3-138 Regular Meeting June 25, 1984