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HomeMy WebLinkAbout10-22-1984 Adopted CC MinREGULAR MEETING - October 22, 1984 A regular meeting of the City Council of the City of Dublin was held on Monday, October 22, 1984 in the meeting room of the Dublin Library. The meeting was called to order at 7:38 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. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the following were approved: Minutes of Regular Meeting of October 8, 1984; Minutes of Adjourned Regular Meeting of June 26, 1984; Authorized p~yment of City's prorata share of Cable Television Franchise Consultant Charges not to exceed $1,800; Authorized budget transfer in the amount of $1,800 from contingent reserve; Approved Warrant Register in the amount of $100,181.57; Denied claim for damages filed by Gino Riccardi and directed Staff to notify claimant and City's insurance carrier; Approved RESOLUTION NO. 118 - 84 ACCEPTANCE OF AMENDED FINAL MAP TRACT NO. 4950 LIBRARY SERVICE (MONDAY) PRESENTATION BY COUNTY LIBRARIAN Ginnie Cooper, County Librarian, addressed the Council and thanked then~ for funding Monday Library hours. This date marked one year of Monday service. Since the DuO. lin Council action, two other cities have funded additional library hours for their citizens, Pleasanton and Union City. Eleanor Tandowsky, Dublin Branch Manager, presented a signed petition of thanks from many library users. Alice Pitchford presented a cake and read a thank you card from library supporters and users. Regular Meeting CM-3-233 October 22, 1984 PUBLIC HEARING - APPEAL VALLEY CHRISTIAN CENTER CONDITIONAL USE PERMIT Because of the death of Dr. Tanneberg's mother, a request was made on behalf of Valley Christian Center to continue this hearing to a future Council meeting. Mayor Snyder asked if anyone was present to speak to this issue. No one responded. On motion of Cm. Hegarty, seconded by Cm~ Moffatt, and by unanimous vote, the Council continued this item until November 13, 1984. PUBLIC HEARING - NO PARKING ZONE DUBLIN BOULEVARD (BOB's BIG BOY RESTAURANT) An existing free right turn lane northbound from San Ramon Road to eastbound Dublin Boulevard leads motorists into an area in front of Bob's Big Boy Restaurant where curb parking is allowed and where large trucks frequently park. To increase the safety at this .corner, it was recommended that approximately 160 ft of additional no parking zone be established at this location. This installation of "no parking" will remove approximately 6 parking spaces at this corner. The removal of parking in this area conforms to the traffic improvement plan for Dublin Boulevard previously adopted by the City Council. Chris Kinzel, TJKM, presented the staff report. Cm. Moffatt questioned if trucks loaded and unloaded in this area. Mr. KJnzel stated there were loading and unloading zones provided, and felt those trucks that parked in this area were utilizing the restaurant. Mayor Snyder opened the public hearing. No public comments were made. Mayor Snyder closed the public hearing. City Manager Ambrose reported that the City had not heard from either the property owner or a representative of Bob's Big Boy Restaurant regarding this matter. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and introduced an ORDINANCE ESTABLISHING TRAFFIC REGULATIONS NO PARKING ZONE - DUBLIN BOULEVARD CM-3-234 Regular Meeting October 22, 1984 PUBLIC HEARING SALE OF SURPLUS PROPERTY (BARRATT) On October 8, 1984, the City Council set a hearing on the sale of 0.6371 acres of City property along San Ramon Road south of Silvergate Drive. A written protest to the sale by Patience Rogge is on file with the City. As part of the negotiation process, the City and applicant had an appraisal of the property as of January 31, 1984 prepared by Melvin P. Nelson, Real Estate Appraiser. The appraisal found an estimated fair market value of $4.50 per square foot, or a total of $124,884. Barratt San Jose has offered a price of $3.77 per square foot, or a total of $104,625. In order for the Barratt project to proceed as approved, the applicant must acquire the property. Considering the various factors affecting the value of the property, Staff felt the Council might wish to consider the price of $4.135 per square foot, or a total of $114,755 as a reasonable compromise. Mayor Snyder opened the public hearing. Cm. Moffatt questiOned if Mr. Ledeboer was representing Barratt. Mr. Ledeboer stated he had been assigned to represent Barratt about one week prior, and had full authority to make a decision, with limitations, regarding Barratt's offer to purchase the property in question. Cm. Hegarty questioned Mr. Ledeboer regarding the price Barratt was negotiating to sell the property to J.M.H., Inc. Mr. Ledeboer stated he was not at liberty to say. Cm. Jeffery questioned if Barratt planned to purchase this property from the City and then immediately turn around and sell it. Mr. Ledeboer responded in the affirmative. Cm. Jeffery stated the letter from Patience Rogge indicated she felt this piece of property should improve the looks of Dublin. Cm. Jeffery felt that this project would greatly improve the appearance and would also take the responsibility out of the hands of the City. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council overruled the protests. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by majority vote, the Council determined the fair market value of the property to be $4.50 per square foot. Voting NO on this motion were Cm. Hegarty and Cm. Vonheeder. Cm. Hegarty felt both the City and Barratt had negotiated in good faith and liked the idea of splitting the difference. Cm. Hegarty questioned both CM-3-235 Regular Meeting October 22, 1984 Barratt and J.M.H., Inc. representatives regarding the selling price from Barratt to J.M.H., Inc. Responses from both were that they did'not know the price. Mr. Ledeboer indicated Barratt's agreement and acceptance of the $4.50 price. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 119 - 84 'APPROVING SALE OF CITY PROPERTY TO BARRATT SAN JOSE AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT PUBLIC HEARING NEWSPAPER RECYCLING BINDS ZONING ORDINANCE AMENDMENT On September 10, 1984 the City Council adopted a resolution approving the Zoning Ordinance Amendment regarding Newspaper Recycling Bins and introduced the Zoning Ordinance Amendment. On October 8, 1984 the City Council revised the draft ordinance so that it would be directed toward Dublin based non- profit organizations. Mayor Snyder opened the public hearing. No public comments were made. 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 ORDINANCE NO. 17 - 84 AMENDING THE ZONING ORDINANCE REGARDING NEWSPAPER RECYCLING BINDS PUBLIC HEARING ARTS AND CRAFTS FAIRS ZONING ORDINANCE AMENDMENT On October 8, 1984 the City Council adopted a resolution approving the proposed Zoning Ordinance Amendment regarding Arts and Crafts Fairs. The intent of the amendment is to allow Dublin based non-profit community groups to hold one day Arts and Crafts Fairs with an Administrative Conditional Use Permit and two, three or four day Arts and Crafts Fairs with a Conditional Use Permit. The regulations would apply to individual sites on an annual basis. The items for sale would be limited to handmade, handcrafted items for sale by the original artist. Mayor Snyder opened the public hearing. Steve Heath, Dublin Plaza Merchant's Association, addressed the Council and stated he agreed with the philosophy of the need for the groups to be Dublin based. Discussion was held with regard to logistics problems with the timing CM-3-236 Regular Meeting October 22, 1984 of the fairs held in his center. Mr. Heath stated his association would like to hold 2 fairs per year, and had done this for the last 13 years. According to Staff, however, they have now used up their alloted 4 days for 1984. Discussion was held with regard to limiting the number of fairs per site per year. Both Cm. Jeffery and Cm. Moffatt felt this was limiting a merchan- dising tool. Consensus of Council was that an Administrative Conditional Use Permit would apply to one day fairs only and that a Conditional Use Permit would need to be.applied for for fairs in excess of one day (up to 4 days). Mayor Snyder closed the public hearing. Section 2 was discussed. A motion was made by Cm. Jeffery and seconded by Cm. Hegarty to allow 2 events per year per site up to 4 days each. Before this motion was voted on, Cm. Moffatt made a substitute motion which was seconded by cm. Vonheeder to change allowance to 4 events per year per site up to 4 days each. This motion was defeated due to NO votes cast by Cm. Jeffery, Cm. Hegarty and Mayor Snyder. The original motion was restated. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council agreed to allow 2 events per year per site up to 4 days each. Section 1 was discussed. A motion was made by Cm. Moffatt, seconded by Cm. Vonheeder to allow 4 single day events per site per year. This motion was defeated due to NO votes cast by Cm. Hegarty, Cm. Jeffery and Mayor Snyder. On motion of Cm. Jeffery, seconded by Cm. Vonheeder and by unanimous vote, the Council agreed to allow 2 one day events per site per year. Clarification was made that the Dublin Plaza Merchant's Association is indeed a bona fide non-profit organization. Discussion was held related to some type of relief to the Dublin Plaza Merchant's Association to allow them to hold a fair in December. The resolution whiCh was adopted on May 14, 1984 clearly states that they were limited to 4 dates in 1984, all of which were used. Staff reviewed the minutes of this item at the May 14, 1984 meeting and the resolution adopted on May 14, 1984. Staff advised that the City Council could acknowledge their intent to reopen the original CUP process. CM-3-237 Regular Meeting October 22, 1984 On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by majority vote, the Council agreed to modify the resolution to allow an additional arts and crafts fair to be held by the Dublin Plaza Merchant's Association. The modified resolution is to be brought back before the Council at their November 13, 1984 meeting. Voting NO on this motion were Cm. Hegarty and Mayor Snyder. City Manager Ambrose stated that because of the substantial changes to the ordinance, it Would be necessary to redraft the ordinance and present it at the next meeting. The City Attorney would be consulted to determine if, at the next meeting, the ordinance could be introduced and adopted. RECESS A short recess was called. Ail Councilmembers were present when the meeting reconvened. PARADE PERMIT REQUEST FROM SOROPTIMIST TO WAIVE FEE The City received a request from Soroptimist International of Dublin requesting that the City waive the permit fee and refund the fee which has already been paid. This fee was paid to cover the cost of processing the parade permit for the Founder's Day Fun Run which was held on September 29, 1984. Typically these requests are made to the City Council at the time the permit is approved. In such cases in nhe past, the Council has waived the fee. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to waive the fee and issue a refund. AFTER SCHOOL RECREATION PROGRAM At the October 9, 1984 meeting of the Park & Recreation Commission, the Commission' unanimously recommended that the City Council establish the After-School Recreation Program as a basic level of service and provide 100% financial subsidy for the program. At its meeting of September 10, 1984, the City Council deferred action on this item for a period of two months and directed Staff to bring this item back to the City Council at the end of that period. Since registration for this program is accepted at the beginning of each month, the Park & Recreation Commission is concerned that curent participants in the program would be left without an alternative, should the City Council terminate the program at its first meeting in November. Therefore, the Commission is desirous of a Council decision at this time. CM-3-238 Regular Meeting October 22, 1984 Although total funding of the program may have merit, it is Staff's position that the City Council defer action until Staff has had an opportunity to survey parents in the affected school in order to determine why~participa- tion has not been greater. During the next few weeks, the Recreation Director will be conducting a survey at the Murray and Nielsen Schools to determine why the after-school programs do not have more participants. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by majority vote, the City Council noted the Commission's concern, but deferred action on this program until its meeting of November 26, 1984 at which time the results of the survey will have been tabulated. Voting NO on this motion was Cm. Vonheeder. COMPREHENSIVE TRAFFIC ENGINEERING STUDY CONSULTANT AGREEMENT At the regular City Council meeting on August 13, 1984, the Council authorized Staff to circulate RFP's to conduct a Comprehensive Traffic Engineering Study. The RFP was mailed to 12 firms. One proposal did not address the City's needs in sufficient detail. One proposal was eliminated from further consideration due to the cost. City Staff interviewed representatives from TJKM and JHK. Both firms addressed the scope of work outlined in the RFP. Given the lower cost of the proposal by JHK and Associates, Staff recommended that JHK be selected to conduct the study. Cm. Moffatt stated he would like to see TJKM awarded the work because of the City's past working relationship with them, and because their bid was only slightly higher than JHK's bid. Cm. Hegarty stated the Council had established a policy of accepting low bids, and felt they should be consistent and accept the low bid in this case. Cm. Moffatt made a motion to award the contract to the firm of TJKM. This motion died for lack of a second. Cm. Hegarty lmade a motion to award the contract to the firm of JHK and Associates. This motion died for lack of a second. Further discussion was held regarding the experience of the firm of JHK, and the City's relationship with TJKM. Cm. Jeffery felt that it would be better for the firm of JHK to do the actual work since TJKM helped prepare the grant. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by majority vote, the Council approved the selection of JHK and Associates and authorized the Mayor to execute the agreement. Voting NO on this motion was Cm. Moffatt. CM-3-239 Regular Meeting October 22, 1984 REGIONAL FIRE PROTECTION STUDY On October 16~ 1984 representatives from the Cities of Danville, Dublin and San Ramon and the DSRSD, San Ramon Valley Fire Protection District and the Tassajara Fire Protection District met to discuss various considerations related to undertaking a comprehensive regional fire protection study. Several questions arose which needed to be addressed by each agency before any further discussion occurs regarding the study format. 1) The cost sharing arrangement needs to be determined. 2) Should a contract be entered into with Angus McDonald and Associates to perform the fire study, or should a Request for Proposal (RFP) be developed and solicited. City Manager Ambrose explained that the study would be done in phases and each agency could pull out at any point. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote~ the Council agreed that a six way split would be fair to finance the study and that a request for proposal should be solicited for the study. AMADOR VALLEY BOULEVARD TRAFFIC STUDY (SAN RAMON ROAD TO VILLAGE PARKWAY) At the direction of the City Council, traffic studies of major arterials have been conducted. This report will focus on the second phase of Amador Valley Boulevard which includes the section from San Ramon Road to Village Parkway. This meeting was utilized as a work session for the City Council and interested members of the general public. It allowed for a Staff presentation of proposed changes to the property owners fronting Amador Valley Boulevard and elicited public feedback. The proposed plan line will alter access in and out of some parcelsf thereforef this study session was held in advance of the public hearing. The summary indicates that the speed limit will be maintained at 25 miles per hour. This was inadvertently included in the Phase II summary. The speed limit for the section of Amador Valley Boulevard from Village Parkway to San Ramon Road will be determined in the comprehensive Traffic Engineering Study. The results of this report will be presented to the City Council at a later date in a comprehensive format. The City Council reviewed the proposed plan. Chris Kinzel stated the current 35 mph speed limit on the western portion of Amador Valley Boulevard would be studied. CM-3-240 Regular Meeting October 22, 1984 Mr. Kinzel stated a recommendation would be made for a signal at Amador Valley Boulevard and Amador Plaza, which should be added to the Capital Improvement Program. Discussion was held with regard to the awkwardness of making a left turn out of the Library. Staff was directed to look at alternatives to this maneuver. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the City Council set a public hearing date of November 26, 1984, which will provide property owners and tenants time to review plans at City Offices and study the specific impacts. OTHER BUSINESS Team Building Workshop City Manager Ambrose reminded the Council that they should be at the airport at least 1/2 hour before their flight on Wednesday, October 24th to Ontario to attend the League of California Cities Workshop. Purchase of Tree Cm. Jeffery suggested the Council consider the purchase of a substantiallY large live tree that could be planted at the Library. The tree could be decorated during the holiday season. AIDS Week Mayor Snyder indicated he had received correspondence requesting the City participate in proclaiming the week of November 9-16, 1984 as AIDS Awareness Week. Cm. Jeffery stated she felt there was a lot of public misinformation related to this subject and many people felt there was some kind of threat when donating blood. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council directed Staff to prepare a proclamation related to AIDS Awareness Week in November. Radar Units Cm. Moffatt reported that he had recently rode With Deputy Dan Naugle and had seen the City's new radar units in action. Cm. Moffatt stated he was quite impressed with the capabilities of the new units. CM-3-241 Regular Meeting October 22, 1984 ADJOURNMENT There being no further bUsiness to come before the Council, the meeting was adjourned at 11:01 p.m., to Tuesday, November 13, 1984. ATTEST: CM-3-242 Regular Meeting October 22, 1984