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HomeMy WebLinkAbout12-12-1983 Adopted CC MinutesREGULAR MEETING - DECEMBER 12, 1983 A regular meeting of the City Council of the City of Dublin was held on Monday, December 12, 1983 in the meeting room of the Dublin Library. The meeting was called to order at 7:35 p.m. by Mayor Snyder ROLL' CALL PRESENT: Councilmembers Drena, Hegarty, Jeffery, Moffatt 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. Drena, and by unanimous vote, the Council approved the Warrant Register in the amount of $69,305.46; Financial Report for Period Ending October 31, 1983, Denied claim of Jaime McEntee and directed Staff to notify claimant and insurance company; Waived reading and adopted ORDINANCE NO. 16 - 83 ESTABLISHING PROCEDURES FOR THE PURCHASE OF GOODS AND SERVICES; adopted RESOLUTION NO. 70 - 83 ACCEPTANCE OF FINAL MAP TRACT NO. 4719; adopted RESOLUTION NO. 71 - 83 ACCEPT DEPOSIT IN LIEU - TRACT NO. 4719; adopted RESOLUTION NO. 72 - 83 APPROVING LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT; Regular Meeting CM-2-228 December 12, 198~ ORDINANCE REGULATING SIGNS & BANNERS - PUBLIC HEARING At its meeting of September 12, 1983, the City Council considered a request for an encroachment permit to hang a banner in the public right-of-way. As a result of the discussion with respect to this request, the City Council directed Staff to prepare a policy with respect to the installation of banners in the public right-of-way. Since that meeting, Staff determined that in order to institute such a policy, the County Ordinance which the City adopted by reference, must be modified. This Ordinance presently regulates the placement of signs in the public right-of-way. The City Attorney prepared an Ordinance which supersedes the County's Ordinance and provides for the establishment of a policy regulating public service banners. Since this Ordinance impacts the visibility and safety of motorists and pedestrians along the City's highways, the Ordinance was prepared in such a manner that it should be adopted on an urgency basis. Mayor Snyder opened the public hearing. No one from the public wished to address this subject. Mayor Snyder closed t'he public hearing. Cm. Moffatt questioned whether utility poles and their guide wires were on public or private property. City Manager Ambrose and City Attorney Nave explained that they are in the public right-of-way. Cm. Moffatt questioned who would enforce. City Manager Ambrose explained that the County would remove illegal signs. Cm. Moffatt asked if political signs would be allowed. Council consensus was that campaign signs would not be allowed. It was clarified that the $500 fine would apply per act rather than per sign. Cm. Drena questioned if the fine could be stated as "not less than the cost of removal". City Attorney Nave explained that the fines are mandated by state law. Cm. Jeffery felt it would be ideal if there were one location in town that allowed these types of signs. It was reported that the Chamber of Commerce is working toward having this type of a location. Staff was asked to determine if the location is on public or private property. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted Regular Meeting CM-2-229 December 12, ORDINANCE NO. 17 - 83 PROHIBITING THE POSTING OF SIGNS ON PUBLIC PROPERTY AND REGULATING THE PLACEMENT OF BANNERS ON PUBLIC PROPERTY and adopted RESOLUTION NO. 73 - 83 APPROVING A POLICY OF THE CITY OF DUBLIN FOR THE INSTALLATION OF ADVERTIZING BANNERS WITHIN THE PUBLIC RIGHT-OF-WAY REVISION TO SALES TAX ORDINANCE - PUBLIC HEARING The City has received a request from the State Board of Equalization for the City to amend its existing sales tax ordinance. The amendment will delete the exemption for operators of waterborne vessels. The State has requested the City adopt the ordinance prior to December 15, 1983. The City Attorney reviewed the ordinance and indicated that the amendment will in no way affect Dublin's pr. esent sales tax li~tigation with Alameda County. Mayor Snyder opened the public hearing. No one from the audience wished to address this subject. Mayor Snyder closed the publiC hearing. On motion of Cm. Moffatt, seconded by Cm. Drena, and by unanimous vote, the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 18 - 83 TO AMEND ORDINANCE NO. 8-82 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AMENDMENTS TO SUBDIVISION ORDINANCE - PUBLIC HEARING At its meeting of October 24, 1983, the City Council directed Staff to amend the Subdivision Ordinance with respect to park dedication fees. Staff prepared a draft ordinance for Council consideration which provides that the City will be the local agency that receives park dedication land or fees. Under the previously adopted ordinance, DSRSD received such land or fees. The draft ordinance also contains amendments consistent with the Ordinance Establishing the Jurisdiction of the Planning Director and Planning Commission, the Grading Ordinance, and the most recent changes to the State Subdivision Map Act. CM-2-230 8~ Regular Meeting December 12, 19 Mayor Snyder opened the public hearing.. Liz Schmitt, Cypress Court, questioned if this meant that the City or DSRSD would get future money. Mayor Snyder closed the public hearing. Cm. Jeffery felt the Council needed to set a future meeting date for discussion to clarify fees already collected. On motion of Cm. Jeffery, seconded by Cm. Moffatt and by unanimous vote, the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 19 - 83 AMENDING CERTAIN PROVISIONS OF CHAPTER 1 OF TITLE 8 OF THE SUBDIVISION ORDINANCE AS ADOPTED BY THE CITY OF DUBLIN and adopted RESOLUTION NO. 74 - 83 ESTABLISHING AND ADOPTING PARK AND RECREATION AREA REQUIREMENTS FOR USE WITH THE SUBDIVISION ORDINANCE OF THE CITY OF DUBLIN ORDINANCE ADOPTING 1982 UNIFORM BUILDING CODE, PLUMBING CODE, MECHANICAL CODE, HOUSING CODE AND PROCEDURE FOR ABATEMENT OF DANGEROUS, SUBSTANDARD OR ILLEGAL BUILDINGS - PUBLIC HEARING Section 17958 of the Health and Safety Code (H&SC) requires the City to adopt an Ordinance that imposes the same requirements as the regulations of the State Building Standards Code. The State has adopted these codes. Section 17958.5 (H&SC) provides that the City may make modifications to these codes as the City determines are reasonably necessary because of climatic, georgraphical, or topographical conditions and on the basis of local conditions. This proposed ordinance is basically the County Ordinance which has been modified to meet the City of Dublin's requirements. The changes from the County Ordinance were described. Most of the amendments to the model, codes were changed so as to agree with the State regulations. Mayor Snyder opened the public hearing. No one from the audience wished to address this subject. Mayor Snyder closed the public hearing. Regular Meeting CM-2-231 December 12, 198~ On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and introduced an ordinance providing for the repeal of certain County Ordinances relating to building regulations adopted by Dublin Ordinance No. 1 and extended by Dublin Ordinance NO. 13 and the adoption of new building regulations for the City of Dublin and further providing for the adoption of regulations for grading. LIVERMORE-AMADOR VALLEY WASTEWATER PLANNING STUDY CAPACITY STEERING COMMITTEE The City of Pleasanton and DSRSD are presently undertaking a major wastewater management planning study for the Livermore-Amador Valley. The Consultant coordinating the overall vatleywide study has requested those agencies with land use planning authority to designate a member of the Council and a planning staff member to represent each jurisdiction on a Wastewater Capacity Steering committee which will provide input to the engineering consultants who are performing the study. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council determined that the Dublin representatives on this committee will be Mayor Peter W. Snyder and Planning Director Laurence L. Tong. NOISE ORDINANCE At the City Council meeting of October 24, 1983, the City Council requested the City Attorney and City Staff to review different types of noise ordinances; and bri.ng back to the City Council an ordinance which would address all types of noise rather than solely noise emitted from audio equipment. The City Attorney prepared and presented two draft ordinances. The first ordinance applies a "reasonable person" standard which would enable a police officer to act as a witness and apply a standard of reasonableness of noise based on certain criteria. The second ordinance is much more technical in nature and would establish levels of noise (defined in decibels) in the various general zoning districts in the City. The City Council reviewed both ordinances. On motion of Cm. Hegarty, seconded by Cm. Drena, and by unanimous vote, the Council established the date of January 23, 1984 for a public hearing related to ordinance no. 1. TRAFFIC STUDY DUBLIN BOULEVARD @ CLARK AVENUE and LEWIS AVENUE @ VILLAGE PARKWAY At the City Council meeting of October 24, 1983, the City Council received a request from Mr. Gerald Abernathy, 6699 Maple Drive, requesting traffic safety investigations of the intersections of Dublin Boulevard @ Clark Avenue, Village Parkway and Lewis Avenue. The Traffic Engineer, in his ~%) CM-2-232 Regular Meeting December 12, 1 report, indicated both locations to be'marginally warranted for the installation of traffic signals and further, that signals should eventually be installed at both locations. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to include intersection signal improvements in the next revision of the Capital Improvement Program. RECESS A short recess was called. Ail Councilmembers were present when the meeting reconvened. DUBLIN BOULEVARD PLAN LINE STUDY - STATUS REPORT In accordance with the 1983-84 approved City budget, the City's Traffic Engineer and City Engineer are currently developing long term recommendations for Dublin Boulevard. A report was presented to the Council presenting the current status and the interim recommendations for Dubli.n Boulevard. The City also received requests from 2 property owners regarding modifications to Dublin Boulevard. The City has had for some time, a request from the Shell Oil Station at the intersection of San Ramon Road and Dublin Boulevard for a median break. The City has also received a request from Imperial Freeholds regarding a requirement that they signalize the entrance to their proposed development which is located near the intersection of Dublin Boulevard and Sierra Court. Tony Long addressed the Council and indicated the purchase of property in March, 1981 from the Murray School District. They have plans to build an office complex that will be 75% larger than Heritage Park, which is currently the largest in Dublin. Putting in a street light was a condition of the project. Following discussion, Council consensus was for Mr. Long to get together with Chris Kinzel to discuss possible alternatives. Also, Staff was directed to write a letter to DSRSD with regard to pursuing the land swap alternative. Liz Schmitt, Cypress Court indicated she would like to see sidewalks along Dublin Boulevard. George Zika, Peppertree Road, indicated he would be very upset if commuter parking was reduced. Scott Thompson felt the Council should consider some type of arrangement with DSRSD whereby parking at the Sports Grounds could be used when sporting events are not taking place. Regular Meeting CM-2-233 December 12, GENERAL PLAN WORKING PAPER #3 - DUBLIN BOULEVARD EXTENSION REVIEW At its meeting of December 6, 1983 the City Council discussed the potential extension of Dublin Boulevard to the east of the City. At that meeting, Mr. Jim Gelderman, who owns property on Dougherty Road in the affected area, requested the City Council be more specific in its road designation in order that he may adequately plan for the development of his property. Chris Kinzel presented the Staff report. Mr. Gelderman indicated he had had this property since 1968. Following discussion, it was agreed that Mr. Gelderman and his engineers would meet with Chris Kinzel to come up with possible alternatives related to this property. BARRATT SAN JOSE REQUEST TO ACQUIRE LAND IN SAN RAMON ROAD RIGHT-OF-WAY On May 23, 1983, the City Council, with the applicant's agreement, continued the public hearing on Barratt San Jose's Planned Development Rezoning and Tentatiwe Map until after adoption of the San Ramon Road SpeCific Plan. On September 26, 1983, the City Council approved the San Ramon Road Specific Plan - Area 5, with a land use designation of Multi-family Residential, 8-15 dwelling units per acre. The applicant is now preparing a revised proposal for their land in Area 5. The applicant has indicated an interest in 0.9 + acre portion of the City right-of-way, along San Ramon Road south of Silvergate Drive. The applicant is requesting the City to enter into negotiations to sell the land to the applicant so that they can include the area in their revised proposal. A sale of the property, or granting permission to make application would in no way commit the City to a particular development proposal. The applicant's preliminary concept of 40 condominium units and 48 townhouse units, or any other development proposal would have to be considered on its own merits and processed accordingly. Cm. Hegarty felt the applicant should come back to the Council with this request when they have a proposal to submit. Cm. Drena indicated he had grave concerns regarding the City selling off any of its land. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by majority vote, the Council directed Staff to enter into negotiations for the sale of the property and bring the item back to the Council for final action; and g. ave the applicant permission to incorporate the City right-of-way in revised proposal. Voting NO on this motion was Cm. Drena. Regular Meeting CM-2-234 December 12, 198~ VECTOR CONTROL SERVICES Mr. Gerald Wynn, Director, Division of Environmental Health, Alameda County Health Care Services Agency, made a presentation to the Council. The Board of Supervisors can create a County Service Area for the provision of Vector Control Services and cities may be included in this County Service Area by a majority vote of the City Council. Following Mr. Wynn's presentation, the Council consensus was that this program would be taken under consideration and the subject would be dealt with at a later date. FALLON SCHOOL SITE ACQUI'SITION At a previous City Council meeting, the Council instructed Staff to determine the requirements of utilizing the provisions of the Naylor Bill to acquire recreation facilities at the Fallon School site. A resolution was presented which included the findings necessary to qualify under the state legislation which allows a portion of the property to be purchased at 25% of market value. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 75 - 83 ADOPTING A PLAN FOR THE PURCHASE OF SURPLUS SCHOOL PROPERTY AND NOTIFYING THE MURRAY SCHOOL DISTRICT OF THE CITY'S INTENT TO PURCHASE OR LEASE ALL OR A PORTION OF THE FALLON SCHOOL SITE AND MAKING CERTAIN FINDINGS RELATED THERETO NO RIGHT TURN ON RED - STATUS REPORT AMADOR VALLEY BOULEVARD @ DONAHUE DRIVE A status report was presented with statistics regarding this sign which was put in approximately 6 months ago. Because of the cost of sign removal, it was consensus of Council to leave the sign in prohibiting right turns on red lights. MEDIAN LANDSCAPING CONCEPT REVIEW As part of the Five-Year Capital Improvement Program, median landscaping projects on Dublin Boulevard, Amador Valley Boulevard and Village Parkway, together with a downtown street tree program, were scheduled for construction in the 1983-84 and years following, with Amador Valley Boulevard and part of the street tree program slated for this fiscal year. CM-2-235 ~~ Regular Meeting December 12, 1 A slide presentation was made by Ken Hansen with the firm of Robert M. Babcock and Associates, Landscape Architects. Cm. Jeffery indicated she did not like the lawn alternative as it was very expensive to maintain. The majority of the Council were interested in street trees with no lawn and a raised planter concept. GENERAL MUNICIPAL ELECTION - APRIL 10, 1984 On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that voting polls would be open from 7:00 a.m. until 8:00 p.m. and adopted RESOLUTION NO. 76 - 83 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON TUESDAY, APRIL 10, 1984 FOR THE ELECTION OF CERTAIN OF OFFICERS OF SAID CITY On motion of Mayor Snyder, seconded by Cm. Hegarty, and by majority vote, the Council determined that candidate's statements would be paid for by the candidate and would be limited to 200 wordsr and adopted RESOLUTION NO. 77 - 83 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO THE CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON TUESDAY, APRIL 10, 1984 Voting NO on this motion were Cm. Moffatt and Cm. Jeffery. .On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 78 - 83 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 17, 1984 TO BE MADE BY THE CITY CLERK ALAMEDA COUNTY FLOOD CONTROL DISTRICT AGREEMENT TO COLLECT SPECIAL DRAINAGE AREA 7-1 FEES This program was instituted in 1966. Fees were collected by the Alameda County Building Inspection Department. This proposal is to continue that program, except that the fees would now be collected by the City of Dublin Building Inspection Department. Regular Meeting CM-2-236 December 12, On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 79 - 83 CONCURRING IN A SPECIAL DRAINAGE AREA PROGRAM FOR ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL DISTRICT Staff was also directed to contact Alameda County to determine the status of the money in reserve. ADDITION OF CITY STREETS TO THE FAU SYSTEM A number of months ago, the State (CalTrans) requested cities to review and recommend changes in their Federal Aid to Urban Systems. The City Engineer requested that certain streets or portions of streets be added to the City's existing FAU system and an extension of the City's urban limits. The purpose of these extensions was to give the City more flexibility in finding eligible projects within the City for FAU funding. The street extensions are Dougherty Road from Dublin Boulevard north to the City limit; Amador Valley Boulevard, Village Parkway to Dougherty Road; and Davona Drive, Alcosta Boulevard to Village Parkway. Staff has already applied for FAU monies on the new Amador Valley Boulevard extension and has been successful in its completion within the tri-valley area for funding. The FAU funding is apportioned to eligible projects on an 86% Federal, 14% local matching basis. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 80 - 83 DETERMINING URBAN LIMITS, FUNCTIONAL CLASSIFICATION OF ROADS, AND DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL AID SYSTEM OTHER BUSINESS Village Parkway Fencing A draft letter to residents with fences bordering Village Parkway was presented for Council review. Revisions were made and Council authorized the letter to be sent. Regular Meeting CM-2-237 December 12, 198~} Campaign Contribution Limitations Cm. Drena requested that the subject of limiting campaign contributions be placed on the next City Council agenda for discussion. Utilization of Camp Parks for Housing the Homeless It was requested that Staff communicate with Representative Stark and Supervisor Excell and develop a dialogue in an effort to determine the impact this program would have on Dublin. ADJOURNMENT There being no further business to come before the Council, at 12:50 a.m. the meeting was adjourned. ATTEST: City Regular Meeting CM-2-238 December 12, 198~