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HomeMy WebLinkAbout11-13-1984REGULAR MEETING - NOVEMBER 13, 1984 A regular meeting of the City Council of the City of Dublin was held on Tuesday, November 13, 1984 in the meeting room of the Dublin Library. The meeting was called to order at 7:33 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. DUBLIN CONNECTION PRESENTATION BY RICHARD F. COCHRAN Murray School District Superintendent, Richard F. Cochran, requested an opportunity to address the Council regarding his recent trip~to Dublin, Ireland. Mr. Cochran reported that he and representatives from Dublin had met with Lord Mayor O'Halloran in the Mansion House and visited for approximately 2 hours. A book on Dublin, Ireland, a bottle of Irish Whiskey, and a letter were presented to the Dublin City Council with greetings sent by the Lord Mayor of Dublin, Ireland. Dick Hooper was the first Irishman to finish in the Irish Marathon and will be coming to participate in the San Francisco Marathon next year in July as part of the Dublin Connection program. He will be spending some time in Dublin, and Mr. Cochran stated he hoped h'e would be able to attend a Council meeting. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the following were approved: Minutes of Regular Meeting of October 22, 1984; Warrant Register in the amount of $326,454,67; Approved the request for Dublin High School Super Bowl Sunday Run and waived the fee; Adopted RESOLUTION NO. 120 - 84 AMENDING RESOLUTION NO. 96-84 TO ALLOW WAIVER OF FEES AND CHARGES FOR SPECIFIED ACTIVITIES SPONSORED BY DUBLIN BASED NON-PROFIT GROUPS & ORGANIZATIONS Accepted improvements under Contract 84-5 (slurry seal) and authorized payment to Graham Contractors, Inc., in the amount of $29,299.43; Denied claim of Mark O'Hara and directed Staff to notify City's Insurance Broker and CM-3-243 Regular Meeting November 13, 1984 Claimant; Approved agreements with Alameda County for Street Maintenance, Animal Control Field Services, 1984-85 Insurance Agreement and Vector Control Services and authorized Mayor to execute agreements; Adopted RESOLUTION NO. 121 - 84 DECLARING WINTER STORM PREPAREDNESS WEEK NOVEMBER 12-17, 1984 Accepted report from Planning Director regarding Draft EIR for LAVWMA Export Capacity Expansion Project. VALLEY CHRISTIAN CENTER CONDITIONAL USE PERMIT APPEAL On October 22, 1984, the City Council continued Valley Christian Center Conditional Use Permit Appeal until November 13, 1984. Pastor Ward Tanneberg requested an additional continuance until November 26, 1984. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council continued the public hearing until November 26, 1984. PUBLIC HEARING ZONING ORDINANCE AMENDMENT REGARDING ARTS & CRAFTS FAIRS Mayor Snyder opened the public hearing. This Zoning Ordinance Amendment will allow Dublin based non-profit groups to hold: two separate one day fairs per year per lot with an Administrative Conditional Use Permit; two separate fairs of up to four days each year per lot with a Conditional Use Permit. The items for sale would be limited to handmade/handcrafted items for sale by the original artist. City Manager Ambrose read the ordinance. Cm. Jeffery questioned the words "per lot" and suggested that technically every store in a shopping center could apply for permits. The Council discussed the intent as per site to mean those lots that are commonly associated with a shopping center, and clarification would be unnecessary unless the ordinance were abused. Steve Heath, H & W Stationers, questioned if the time period referred to was a calendar year or a 12 month period. Planning Director Tong explained that an application would start the time clock and it would be for 12 months from that date. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Ordinance was read and the Council adopted CM-3-244 Regular Meeting November 13, 1984 ORDINANCE NO. 18 - 84 AMENDING THE ZONING ORDINANCE REGARDING ARTS AND CRAFTS FAIRS PUBLIC HEARING RESOLUTION OF NECESSITY - 100,000 GALLONS OF SEWAGE CAPACITY On October 29, 1984, the City Attorney served the County with a notice of the City's intent to acquire through eminent domain proceedings, 100,000 gallons per day of sewage disposal and treatment capacity in the facilities of the Livermore-Amador Valley Water Management Agency and Dublin San Ramon Services District for industrial, including non-retail commercial uses in the territory within the City of Dublin. The County was also notified of a hearing to be held by the City Council for the purpose of hearing protests to the City's adoption of a Resolution of Necessity. The City Attorney prepared and presented a memorandum to the Council outlining the problem. On November 9, 1984 the sewage disposal and treatment capacity of DSRSD was 498.5 Dwelling Unit Equivalent (D.U.E.). This capacity is limited to a small portion of Pleasanton (Assessment District 1967-1), the City of San Ramon south of Montevideo Drive and the entire City of Dublin. At the current rate of applications, by December 31, 1984 the capacity will be reduced to approximately 207.4 D.U.E. The portion of Pleasanton served by DSRSD is almost entirely commercially zoned. In the near future, DSRSD's capacity will obviously be exhausted. Pursuant to the September 11, 1980 agreement between LAVWMA and DSRSD~ DSRSD purchased 100,000 gallons of capacity to be re-sold to the County if voters in the District (including San Ramon) approved the sale in an election. The voters approved the sale. The capacity was to serve that portion of Alameda County lying within the boundaries of DSRSD. On the pertinent dates (the Agreement date and the November 4, 1980 election date), the boundaries of DSRSD in the County of Alameda were co-terminous with the present boundaries of Dublin, with the exception of the Arroyo Vista property which was outside the District at that time. The County of Alameda has no real property within the'boundaries of Dublin which can be served by the capacity they own. Santa Rita Jail and the 600 acres fronting the proposed new jail were not in the sewer area boundaries of DSRSD on the above dates. The County of Alameda, therefore, has no use for the capacity. Dublin, on the other hand, is faced with a shortfall of capacity which will prevent the in-fill development of the City. The development is necessary to provide a property tax and sales tax base for municipal services. In addition, infill development would be more orderly and more protective of open space. CM-3-245 Regular Meeting November 13, 1984 Mayor Snyder opened the public hearing. Staff presented additional evidence supporting the City's need for the potential additional sewage capacity. Four scenarios were presented which described the development of properties within the City of Dublin which have the appropriate zoning to utilize the sewage capacity. Based on the scenarios, the demand for industrial, including non-retail commercial sewage capacity is estimated to be between 272,800 and 752,000 gallons per day. City Attorney Nave stated that this sewage capacity usage by the County in an area outside the City limits, or outside the County limits in 1980, which existed when the contract was entered into, would be violative of the rights voted upon by the citizens of Dublin at that time, and the intent of the agreement which apparently the County now disclaims 4 years later. Mr. Kelvin Booty, Assistant County Counsel and Mr. Fenstermacher from the Real Estate Division addressed the Council. Mr. Booty requested copies of the information presented by City Staff. Mr. Booty displayed a map showing Dublin's sphere of influence, as well as the DSRSD boundaries, which included all of the County's property with one small exception. Cm. Hegarty questioned the date of the map. Mr. Booty responded that it was after 1980. Mr. Booty discussed several proposed developments on the County's land, which includes 610 acres where the current jail is located and 300 acres east of the property where the new jail is being built. Mr. Booty reported that the County is now in negotiations with the California Highway Patrol for the development of a.facility on County property. Bechtel Corporation has expressed an interest in building a major .research and development facility and also 3M Corporation have discussed a 150 acre site behind the jail. It was explained that the Bechtel Corporation proposal would work as a joint venture with Bechtel supplying the development capital and the County supplying the land. Mr. Booty testified that the County is aggressively marketing its own land and they need the 100,000 gallon sewage capacity, as it is vital for the development of their property. Mr. Booty expressed that Alameda County does not want severance of the sewage capacity from their property. Utilization of the theory of reverse osmosis was briefly discussed. Mr. Booty stated the County had been told that by using reverse osmosis, they could convert their 100,000 gallons into an equivalent of 1 million gallons per day. Cm. Moffatt questioned what the County estimated the sewage capacity requirement would be per day for their total project. Mr. Booty stated he believed the total necessary would be over 2 million gallons per day, and using the reverse osmosis~ this would allow an initial start up capacity of 1 million gallons. Cm. Moffatt questioned if the people of Alameda County would pay for this reverse osmosis. Mr. Booty stated it would be the joint venture partner. C~I-3-246 Regular Meeting November 13, 1984 City Attorney queried the County as to what the County would do if the City annexes that area within its sphere of influence, and who would control the development. Mr. Booty felt this was subject to approval by the Board of Supervisors, and they have taken a position against this. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 122 - 84 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS PUBLIC HEARING MARG-ETT ARTS & CRAFTS SHOWS CONDITIONAL USE PERMIT REVIEW Mayor Snyder opened the public hearing. On October 22, 1984, the City Council decided to review its action to approve a Conditional Use Permit for Marg-ett Arts & Crafts Shows. Applicant Marietta Lewis had requested a Conditional Use Permit to allow the outside sale of arts and crafts on twelve specific days/dates in 1984 at the Dublin Plaza Shopping Center. On April 16, 1984, the Planning Commission approved the application for twelve days/dates. An appeal was filed. On May 14, 1984, the City Council modified the approval to limit the shows to four dates in 1984 and to limit the items sold to handmade/handcrafted items by the original artist. The Zoning Ordinance Amendment which the City Council is now considering would allow a Conditional Use Permit for two separate shows within a twelve month period. Each separate show could last up to four days. Mayor Snyder questioned if the Dublin Plaza Merchant's Association could be considered a non-profit civic organization. Steve Heath, President of the Association explained that the Association made many donations of money, time and space to local groups throughout the year. City Attorney Nave stated that a broad interpretation could include the merchants' associations as being non-profit organizations. Marietta Lewis had indicated in a telephone call to Staff that she would like an additional show on December 13, 14, 15 and 16, 1984. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted CM-3-247 Regular Meeting November 13, 1984 RESOLUTION NO. 123 - 84 MODIFYING THE ORIGINAL APPROVAL OF PA84-014, MARG-ETT ARTS & CRAFTS SHOWS CONDITIONAL USE PERMIT and allowed the December show to be held. PUBLIC HEARING NO PARKING ZONE FRONTING 7944 DUBLIN BOULEVARD BOB'S BIG BOY RESTAURANT Mayor Snyder opened the public hearing. This ordinance would provide for the addition of 160' of no parking zone in front of Bob's Big Boy Restaurant on the south side of Dublin Boulevard. This would facilitate the movement of cars making a right turn from San Ramon Road to Dublin Boulevard. Also, the sight distance for vehicles exiting from the restaurant and adjacent office complex would be improved. No public comments were made. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 19 - 84 ESTABLISHING TRAFFIC REGULATIONS NO PARKING ZONE - DUBLIN BOULEVARD PUBLIC HEARING SAN RAMON ROAD UNDERGROUND UTILITY DISTRICT NUMBER 1 Mayor Snyder opened the public hearing. At its meeting of June 13, 1983, the City Council adopted a policy for establishing priorities for underground utility projects and approved San Ramon Road between Dublin Boulevard and Martin Canyon Creek as the first project to be undertaken using PUC Rule 20A. Since that meeting, the allocation process for Rule 20A funding has been changed. ?G&E has indicated that now the City can be advanced those funds which it would have received for the next 5 years. In order for the City to fund the San Ramon Road Underground Project, those funds allocated to the City for the years 1983 through 1989 will be required. The estimated project cost is $376,000. The only costs which the City will incur are those costs associated with the installation of street lights. These costs have been budgeted as part of the San Ramon Road Improvements Project (Phase II), which will be undertaken during the summer of 1985. CM-3-248 Regular Meeting November 13, 1984 City Engineer Thompson indicated that the date of April 15, 1985 has been set for requiring people in the district to have their services ready for under- grounding and May 31, 1985 for the utility companies to have their poles removed. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 124 - 84 DESIGNATING AN AREA FOR THE UNDERGROUND iNSTALLATION OF UTILITIES AND ORDERING THE REMOVAL OF ABOVEGROUND UTILITIES IN AN AREA DESIGNATED AS THE SAN RAMON ROAD UNDERGROUND UTILITY DISTRICT NUMBER 1 Cm. Jeffery suggested that the City send a thank you letter to PG&E for their cooperation in working with the City on this project. OTHER BUSINESS Abatement of Abandoned Vehicles on Private Property Cm. Moffatt requested that Staff look into various remedies for the abatement of abandoned vehicles and boats left in private shopping centers. Tree to be Planted at Dubli.n. Library Cm. Hegarty reported that he had spoken with the necessary County people regarding the City planting a large tree on the front lawn area of the Library. The City Engineering Staff should coordinate with the County Public Works people in order to accomplish this project. Cm. Jeffery suggested that the Park & Recreation Commission work on some sort of ceremony related to the planting of the tree as a community event. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council authorized Staff to proceed with this project and placed a ceiling figure of $2,000. CM-3-249 Regular Meeting November 13, 1984 Appointment to Airport Land Use Commission Mayor Snyder reported that he would be attending a meeting the following evening and had been asked to make a recommendation for an appointment to the Airport Land Use Commission of Alameda County. This Commission meets the second Wednesday evening of each month. Cm. Jeffery indicated her willingness to serve on this Commission, so Mayor Snyder stated he would enter her name into the nomination. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:05 p.m. ATTEST: Ci tf ~lerk CM-3-250 Regular Meeting November 13, 1984