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HomeMy WebLinkAbout4.01 Approve 09-11-1989 Minutes REGULAR MEETING - September 11 , 1989 A regular meeting of the City Council of the City of Dublin was held on Monday, September 11 , 1989, in the meeting room of the Dublin Library. The meeting was called to order at 7 : 35 p.m. , by Mayor Paul Moffatt. * * * * ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. * * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. * * * * PROCLAMATION - POSTAL SERVICE LETTER CARRIER APPRECIATION WEEK Mayor Moffatt read and presented a proclamation to the National Associa- tion of Letter Carriers who are celebrating their 100th Anniversary this month. The week of September 11-15, 1989 was declared "Letter Carrier Appreciation Week" . Jerry DeRoe, representing the National Association of Letter Carriers, accepted the proclamation. * * * * Ahmanson Development Zev Kahn, 11708 Harlan Road requested the help of the City Council for he and his neighbors . His neighborhood was awakened very early Saturday morning by sounds coming from heavy equipment being used at the Ahmanson Development construction site. The Police Department was called out and they investigated and told them to stop working. Dublin' s Ordinance requires that if they are working on a Saturday, they must get the permission of the City. Dr. Kahn stated that this is not the first time this has happened; it goes on every Saturday. Dr. Kahn felt that they should be punished or fined in some way because after they are told to stop working, they continue. If they continue to abuse the Ordinance, the foreman should be arrested. Public Works Director Thompson stated that Dr. Kahn was correct in his statement of the facts . The City sent a letter today informing them that they will not be able to work on Saturdays. This past weekend, the Police Department actually told the workers to go home. * * * * @>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ CM-8- Regular Meeting September 11 , 1989 Xab CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of August 28, 1989; Authorized the Public Works Director to issue an encroachment permit to the Valley Crisis Pregnancy Center for the use of the San Ramon Road Banner Poles to advertise their Walk-A-Thon to be held on Saturday, 10/7; Accepted the City Treasurer's Investment Report for period ending August 31 , 1989; Approved 3 Change Orders ($22, 173) for the Shannon Community Center renovation project; Authorized the Public Works Director to attend the American Public Works Association Annual Conference on September 24-27, 1989, in Orlando, FL; Approved Warrant Register in the amount of $192, 352.58. Cm. Vonheeder requested that the Singer & Hodges agreement be pulled from the Consent Calendar for discussion. She requested that the Chamber of Commerce be added to the notification list. Cm. Jeffery questioned if the signing being done by J&L is being coordinated. Public Works Direct- or Thompson advised that each sign will be somewhat individual, but will have a similar theme. Materials will change depending upon location. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous . vote, the Council approved an agreement with Singer & Hodges for design of 5 City Entrance Signs, and authorized the Mayor to execute same. Cm. Vonheeder requested that the schedule for the East Dublin Studies be removed from the Consent Calendar for discussion. Cm. Vonheeder advised that the October 16th date conflicts with a DRFA Board meeting. The Council discussed rescheduling the meeting on either October 17th or 18th. Cm. Vonheeder advised that she will be attending a housing conference in Seattle at that time. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council approved a revised meeting. schedule for the East Dublin GPA/SP Studies and EIR with joint meetings between the City Council and Planning Commission to be held on October 12, 1989, 7:00 p.m. , and March 12, 1990 . * * * * A VALLEY PERFORMING ARTS CENTER FEASIBILITY STUDY City Manager Ambrose advised that the City had received a request from Livermore Mayor Turner to consider participating in a Feasibility Study for the development of a Performing Arts Center which would serve Livermore, Pleasanton and Dublin. . @>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ Regular Meeting September 11 , 1989 It is anticipated that the study would determine the need, use and viability of a center in the Valley; identify potential site locations; funding sources; and suggest operational criteria for the Performing Arts Center. Mayor Turner suggested that if .the. Cities of Dublin and. Pleasanton are interested in sharing the cost of such a study, that the study selection process would be done by a committee of representatives from. each of the 3 Cities. Dublin's share of the funding for`..this study would be $25, 000 . Cm. Snyder did not feel that enough preliminary thought had gone into this. He indicated he would feel better as a precursor to this if there were people from each City showing support. He further felt that this request should have been made at budget time. Cm. Hegarty felt uncomfortable with the fact that they need a response by October 1st. He felt it is a good idea, but needs a lot more thought. He also expressed concern over whether the 3 Cities could support this type of a foundation. He expressed a.desire to include San Ramon and Danville and suggested that this topic be placed on a future meeting of the joint City Councils. Cm. Jeffery indicated that she had attended a couple of the initial meetings. She stopped going because the people involved have gotten down to selecting an architect and have a. location in mind of where they want to put it. She felt it was premature at this. point. The group. has a bias toward putting it at Los Positas College. Cm. Vonheeder agreed and felt there should be more dialogue and also that San Ramon and Danville should be included. By a consensus, the Council directed Staff to advise Mayor Turner that the City of Dublin is not interested in participating at this time, but is willing to discuss the issue in the future. The City Council would .. like to agendize the subject for discussion at a future meeting of the joint City Councils. * * * PUBLIC HEARING - REPEAL OF ORDINANCE NO. 6-83 PROHIBITING RIGHT TURNS ON A RED SIGNAL-EAST & WESTBOUND AMADOR VALLEY BOULEVARD @ DONOHUE DRIVE Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that this ordinance, which was introduced at the City Council meeting. on August 28, 1989, would repeal Ordinance No. 6-83 which prohibited motorists from making right turns on. a red signal from Amador Valley Boulevard onto east or westbound Donohue Drive. No comments were made by members of the public relative to this issue. Mayor Moffatt closed the public hearing. @ &*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ Regular Meeting " September 11 , 1989 Cm. Hegarty thanked the City Council for allowing this sign to stay as long as it did. He expressed concern that the signs were placed there by law, and just as any other law in Dublin, should have been enforced.' Just because motorists don't agree with the law doesn't mean they have . the right to break the law. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 13 - 89 REPEALING ORDINANCE NO. 6-83 (TRAFFIC REGULATIONS) HANSEN HILL RANCH/BREN COMPANY GENERAL :PLAN AMENDMENT STUDY REQUEST. Senior Planner Maureen O'Halloran advised that on February 27, 1989, the City Council adopted a General Plan Amendment for the Hansen Hill Ranch site, including new General Plan Policies relating to open space and land use designations for 57. 2 acres of Low Density Single-Family Residential and 89 .8 acres as open space and stream corridor. The open space designation does not allow residential units. The Bren Company is requesting a GP Amendment to allow custom home development adjacent to the roadway within the designated open space area. They suggest that the amendment by accomplished as a policy amendment permitting custom homes adjacent to roads which traverse open space areas provided no grading or tree removal occurs and provided the design of the units are compatible and harmonious with the open space setting. Staff explained that State Law limits the number of General Plan Amendments a jurisdiction may adopt to a maximum of 4. per calendar year. . The City Council has adopted 3 General Plan Amendments with a fourth, the Dublin Boulevard Road Extension tentatively scheduled in October. Staff recommended that the Council deny this request as the Hansen Hill Ranch EIR certified by the City. Council identifies development within . this area as a significant environmental impact to the oak woodlands. and riparian habitat. If the Council chooses to authorize the Bren Company GPA Study, Staff recommended that the study consider a land use designation amendment instead of a General Plan policy amendment. Marty Buxton representing the Bren Company advised that they submitted the documents in May and have been working toward keeping the City . informed with what is going on. This week they will be meeting with the neighborhood. She gave the basis for why they are recommending these 10 lots. The development plan that was presented is different than what they are proposing. They are presenting a single type unit on 6, 000 sq ft lots. They are not proposing any additional grading or tree removal. The grading required just to get the road put in would provide for the 10. @>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ Regular Meeting September- 11 , 1989 additional lots. Ms. Buxton advised that she just came into the project last Spring, but in reviewing the January meeting minutes, she realized that there were many many things for the Council to consider. These, lots will not be used to increase the overall density. The back yards of. the custom lots will be at least 300 ft away from the creek. Cm. Hegarty stated that the road must go in regardless of whether the Council allows the 10 lots or not. Since the custom lots will most likely be sold to individuals or another developer, he questioned the rush to amend the plan. He questioned why they could not go ahead with. the development grading. It will be clearer as to how it's going to look once grading is done and the road is in, and they could then come back:_ with their request. Cm. Jeffery felt that the Council direction:was pretty clear on this area and that it was to be kept free of houses. Cm. Jeffery made a motion which was seconded by Cm. Moffatt to. deny 'the request. This motion was defeated due to NO votes cast by Cm. 's Hegarty, Snyder and Vonheeder. Cm. Hegarty stated he has no problem talking about this. In looking back, he can see a lot of requirements that he would have put on development differently to deal with. the barren look on some of the hills. He felt that the discussion that took place in January related to the Hansen Hill Ranch at times was very confusing. If allowing the. 10 lots will make this a better development, he felt the Council should consider allowing them. Ms. Buxton displayed maps and indicated_ that, they will be built . to conform to the terrain. Cm. Snyder stated that all along, the Council has listened to. the Fire Department and Police Department concerns that the road be .a continuous loop rather than a stub end. He felt the Council had left its flanks open by not allowing development in the area and thought it could possibly be an asset to the area Cm. Jeffery stated that wildlife was discussed at length and if you put homes in there, you are cutting off natural access. Ms. Buxton stated they have met with the Department of Fish & Game who are adamently opposed to the culvert concept that was being proposed. They do not support this at all. They suggested that the animals will just run across the road. Cm. Vonheeder stated the Council was struggling with the sensitivity of saving the hills. She thought no development would be allowed. She also had heard comments from the Department of Fish & Game about letting the animals act more naturally. She had no problem with allowing these homes and felt that a well landscaped custom home will add to the area. @>&*@>&*C>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ Regular Meeting September 11 , 1989 Cm. Snyder questioned Staff with regard to the difference between a policy statement and a GPA. Ms. O'Halloran stated that if it is a 'policy amendment, Staff. would look at all the open space in the City where there is a road adjacent to it. If it is a land use designation, it only applies to the Hansen Hills Ranch project. . Discussion ensued relative to the timing for processing a GPA to coincide with the Dublin Boulevard. extension .process timing. . City Manager Ambrose questioned the timing for processing a land use , designation vs. a policy amendment. • Planning Director Tong advised that, as with any project, they have to make sure the application is complete and they must study what types of environmental review is required. He felt it would probably take at least a month and was doubtful that they could make it by the October 2nd Planning Commission meeting. He suspected that there might be quite a bit of community input. The Dublin Boulevard extension is tentatively scheduled for a public hearing at the October 2nd Planning Commission meeting and then to the City Council on October 30th. , Cm. Hegarty felt that this would not hold up the applicant from going forward with their tentative map. Ms. Buxton stated that the problem is that the tentative map they are preparing shows they have the 10 lots, but Staff cannot approve it because it conflicts with the General Plan. . On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote, the Council granted the study request for a land use designation amendment. Cm. Jeffery voted against this motion. , * * * OTHER BUSINESS East Bay Regional Park District Cm. Vonheeder advised that an EBRPD liaison meeting had been scheduled for October 4, 1989 at 4: 00 p.m. in the City conference room. *' * * * .. . . Business. Registration Ordinance Study Cm. Vonheeder advised that the Chamber of Commerce would like to have the City give a presentation in a roundtable discussion format at their October 18, 1989 meeting related to the business registration ordinance study. . City Manager Ambrose advised that he would join Cm. Snyder in this presentation. * * * * . @>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ CM-8- Regular Meeting September 11 , 1989 Alameda County Transportation Advisory Committee Cm'. Jeffery advised that the City has 3 appointments that it can make to the Alameda County Transportation Advisory Committee. : Cm. Snyder advised that he has an additional appointment, so this brings the City's total to 4. The City Council has until December 1st to make the appointments. Mayor Moffatt asked if the press member present could publicize these openings. * * * *- The Brown Act Cm. Vonheeder advised that she had received from the League of .California Cities and obtained a copy of a very informative informational booklet on the Brown Act (open meeting law) . The brochure is, written in easy to understand language. * * * * United Nations Day Mayor Moffatt advised that he would distribute copies of correspondence he had recently received to the Council related to preparation for a United Nations Day. * * * CLOSED SESSION - At 8:52 p.m.', the Council recessed to a closed executive session to discuss personnel matters. * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9 :30 p.m. * * * * Mayor ATTEST: , City Clerk * * * * - @>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@>&*@ CM-8- Regular Meeting September 11 , 1989