HomeMy WebLinkAboutItem 4.1 Approve 10-22-1984 Minutes REGULAR 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 Snider .
ROLL CALL
PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor
Snyder .
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and these present in the :ledge 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 payment 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 thee; for
funding Monday Library hours , This date marked one year of Monday service.
Since the Dublin 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 .
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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 e:;tablished at this
location . This ir;stallation 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 . Kinzel 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
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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
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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 .appli,ed 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 .
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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. All 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 the 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 .
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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 inet 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 Cin. 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 parcels , therefore, -,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 inph 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 .
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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 .
Mayor
ATTEST:
City Clerk
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Regular Meeting October 22, 1984