HomeMy WebLinkAboutItem 4.1 Approve 06-10-1985 Minutes { 1,
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REGULAR MEETING - June 10, 1985
A regular meeting of the City Council of the City of Dublin was held on
Monday , June 10 , 1985 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.
COMPLAINT AGAINST KAUFMAN & BROAD DEVELOPMENT
Ms . Rena Whitney , 11606 Amarillo Court addressed the Council and expressed
concerns related to the Kaufman & Broad development behind her property . Ms .
Whitney felt that K & B should somehow replace the beauty that has been
destroyed . She also expressed concern regarding the drainage situation.
City Manager Ambrose indicated the steps that have been taken with regard to
drainage and explained that this development was approved prior to Dublin' s
incorporation.
Ms . Whitney also felt that multi-family homes should not be placed next to
singe family homes .
Mr. Wolfe , 11562 Estrella Court stated that the hill is still moving and
pushing over fences .
Mr. Gordon Bowen, 11574. Estrella Court , stated that his once nice neighbor-
hood is being destroyed because of the problems with Kaufman & Broad. He
requested a stop be put on the extremely early and late hours that construc-
tion occurs . Mr. Bowen expressed displeasure with the City ' s Building
Inspector and stated he felt that City employees should be required to live
in the City . He stated he was tired of the buck being passed back and forth
between the County and the City .
Ann Henderson questioned if there was any recourse that could be taken
against Alameda County .
City Attorney Nave clarified the situation from a legal standpoint and
pointed out that Mr. Bowen' s recourse is directly with Kaufman Broad and not
with the City or the County.
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CM-4.-114.
Regular Meeting June 10, 1985
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ARROYO VISTA
Mr. Paul Puebla , a resident of Arroyo Vista addressed the Council and
expressed concern with the City of Dublin taking over Arroyo Vista.
City Attorney Nave gave a brief history and explained Dublin' s legal
obligation to take control the Arroyo Vista project .
Cm. Moffatt stated that all of the various Councilmember' s comments that have
appeared in the newspaper are possible scenarios of what could happen. The
City Council is looking at all options and no decisions have been made , nor
can they be made until the City of Pleasanton makes their decision.
Patricia Ali , Arroyo Vista resident , expressed opposition to a takeover by
either City and questioned why Arroyo Vista wasn' t included in Dublin' s
Five-Year Plan.
The City Attorney explained that the law says that Arroyo Vista shall have a
resident on any controlling board. Mr. Nave asked who the current resident
is on the Board . Ms . Ali reported that it is Debra Hunt .
Various possibilities , including a Tri-Valley Housing Authority were
discussed .
Cm. Jeffery felt that residents of Arroyo Vista should be represented by the
Council for which they voted instead of by a Council through which they have
no say whatsoever.
Mayor Snyder explained that the improvements that had been made along
Dougherty Road were funded by the City.
Ms . Lisa Bradley, Arroyo Vista resident , stated residents would be very upset
if the rents are raised .
Mayor Snyder assured the residents that the City Council is concerned that
costs are kept down and if there is any way humanly possible , to reduce
rates . This is the goal of the City .
Cm. Moffatt explained that rents are controlled by HUD mandates.
Jay Carlton, Arroyo Vista resident stated he had no problem with this change
as long as it is taken with care . He stated he would object to a Tri-Valley
Housing Authority, in that residents of/one community have no business making
decisions which affect another community. He felt the change could be for
the better and was willing to give it a chance .
CONSENT CALENDAR
On motion of Cm. Hegarty , seconded by Cm. Moffatt , and by unanimous vote , the
Council took the following actions :
Approved Minutes of Regular Meeting of May 28, 1985 ;
CM-4-115
Regular Meeting June 10, 1985
Approved Warrant Register in the amount of $234 ,343 .42 ;
Approved the City Treasurer' s Investment Report for Period Ending May 31 ,
1985 ;
Denied the claim of Ann Benner and directed Staff to notify claimant and
insurance company ;
Authorized the City' s participation in the Alameda County Fine Arts Patron
Program in an amount not to exceed $400 ;
Adopted
RESOLUTION NO. 48 - 85
AMENDING RESOLUTION NO. 20-85 AND AMENDING MANDATORY DATES
FOR UNDERGROUNDING OF UTILITIES IN THE SAN RAMON ROAD
UNDERGROUND UTILITY DISTRICT NUMBER 1
Adopted
RESOLUTION NO. 49 - 85
DIRECTING THE CITY MANAGER TO AUTHORIZE PG&E TO PROCEED
WITH THE CONVERSION PROGRAM FOR STREET LIGHTS
WRITTEN COMMUNICATION FROM CLIFFORD & ISABEL GONSALVES
REGARDING THE CITY' S RECREATION VEHICLE ORDINANCE
The City received a letter from Isabel and Clifford Gonsalves requesting that
the City Council consider revising the City' s existing Ordinance which
regulates the storage of mobile homes , recreation vehicles , utility trailers ,
unmounted camper tops or boats in the front or required side yards in the
residential district .
Clifford Gonsalves addressed the Council and stated he felt it unfair that
his recreation vehicle would be legal in San Ramon. He stated he will move
his ry into the street tomorrow and will keep a log and will see that it is
moved every 72 hours .
Cm. Vonheeder felt the ordinance should be studied and any legal issues
pending should be put into abeyance .
Mayor Snyder felt that by taking action to study this ordinance , the City
will be creating an ongoing situation of reviewing every single ordinance
everytime someone objects . The ordinance is in effect , and should be
enforced.
Cm. Jeffery felt the City should look at this ordinance in light of the fact
that there is no storage space available in Dublin.
Cm. Hegarty felt the environment should be safe and aesthetically pleasing
and no matter what would come out of a study , you will not please everyone .
CM-4-116
Regular Meeting June 10, 1985
John Collins , 7011 Allegheny questioned if an initiative could change the
existing ordinance .
It was reported that a referendum election could change the ordinance , but
the approach of a study of the ordinance would be an easier and quicker way
to proceed . .
Stanley Greenspan, Amarillo Court , asked that the Council consider the
revenue to the City for licensing fees . He requested to be able to place a
recreation vehicle in a side yard where it does not interfere with access to
or from garage or in side yard behind fence .
Ann Henderson stated she would rather see the recreation vehicle behind a
fence than in front of homes on the street .
On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote ,
the Council referred the review of the existing Ordinance to the Planning
Commission for study , with a request that it be handled in an expedient
manner. City Manager Nave stated that the existing ordinance will stay in
effect while being studied .
Cm. Moffatt made a motion which was seconded by Cm. Vonheeder that recorded
violations be suspended until study of ordinance is completed . City Attorney
Nave indicated he had doubts that the City could do this . Cm. Moffatt
questioned if the City could continue the violations . Mr. Nave stated he did
not feel that legally this could occur. During the study, the City must
continue to enforce the ordinance .
Cm. Moffatt withdrew his motion with the request that low priority be given
to the complaints . Cm. Vonheeder withdrew her second to the motion.
PUBLIC HEARING
APPEAL OF PLANNING COMMISSION ACTION TO DENY CUP
WILDIS NORTH AMERICA CORPORATION/ALL SEASONS RIDING ACADEMY
Mayor Snyder opened the public hearing.
On June 6 , 1985 , Stel Papadopoulos , the applicant/appellant , requested the
City Council to continue his appeal until June 24, 1985 because of school
finals.
The two major proposed uses were 1) therapy center for disabled, and non-
disabled athletes and 2) a place for public. gathering, including classes ,
potluck dinners , meetings ; and bingo .
The Planning Commission unanimously denied the application, finding that 1)
the use would be detrimental to the economic vitality of the existing
commercial tenants and the center at large ; 2 ) the use would be inconsistent
with the C-1 District intent to provide areas for comparison retail shopping
and office uses ; and 3 ) the use would be inconsistent with the General Plan
policy which calls for strengthening existing shopping centers .
CM-4-117
Regular Meeting June 10, 1985
Jeannie Wold , representing a Livermore boys soccer group consisting of 1 ,450
boys stated she felt that if this group is allowed in the Valley , it will
compete with other non-profit groups .
Paul Boughman, Livermore Soccer Club , indicated he has been told that bingo
is a gambling operation and can be done by non-profit groups only .
Billie Rawlings expressed concern about the group and questioned that if the
funds were used for the disabled , what groups and how much goes to profit ,
etc?
Mayor Snyder closed the public hearing.
On motion of Cm. Hegarty , seconded by Cm. Jeffery, and by unanimous vote , the
Council continued the public hearing until the June 24, 1985 City Council
meeting.
SCHOOL SAFETY AND CROSSING GUARD STUDY
-Mayor' Snyder opened the public hearing.
At its regular meeting on December 10 , 1954, the City Council approved a
scope of study for a comprehensive school safety and crossing guard report
to be prepared by the Traffic Engineer. This report was presented at the
regular City Council meeting on May 25 , 1985 , and again discussed at a joint
meeting with the Murray School District Board of Trustees on May 30 , 1985 •
As a result of the Traffic Engineer' s review, specific recommendations have
been made regarding the establishment of warrants for placing adult crossing
guards . The formal adoption of warrants will allow future requests to be
examined in an objective manner.
The proposed 1985-86 Murray School District boundaries will be adjusted- in a
manner in which students will not be required to cross Village Parkway ,
provided that they adhere to the established boundaries . The one exception
to this would be the students living in the housing adjacent to Wineberry
Way which are currently crossing at Davona Drive . The Traffic Engineer has
conducted further review of this intersection and recommends that a
crosswalk be added to the north leg of the intersection at Village Parkway
and Davona Drive . The Traffic Engineer' s review indicates that the number
of children crossing at this intersection does not meet the recommended
warrants for the placement of an adult crossing guard .
The study recommends the adult crossing guard at Village Parkway and
Brighton Drive be relocated to a location at Amador Valley Boulevard and
Burton Street . The current location at this time is funded by the City of
Dublin through a contract with Alameda County Public Works Department .
Staff recommended that the City Council authorize the City to continue
funding the crossing guard at the new location.
The study recommends the City of Dublin encourage the Murray School District
to establish a school safety patrol in the vicinity of Lucania and Davona
CM-4-115
Regular Meeting June 10, 1985
Drive . The Traffic Engineer has recommended that the precise location of a
school safety patrol be determined through further discussions between the
Traffic Engineer, Murray School District representatives , and Dublin Police
Services .
Education Code Section 49300 through 49307 establishes the criteria in which
a school board has the authority to establish a school safety patrol .
Section 49301 indicates that "the members of the patrol shall be under the
supervision and control of a qualified employee of the District designated
by the Board. . . "
The Police Services would act as a liaison and be capable of providing
training materials for the school personnel in charge of the daily
supervision of the safety patrol program.
Staff has contacted Ms . Anita Eckhart who is a Safety Consultant with the
California State Automobile Association. This organization works in
conjunction with municipalities in establishing school safety patrols and
has offered their services to meet with representatives of the police
services and school district to develop a program at the Murray School .
Their organization will provide many of the training materials at no cost to
the agency. The City of Dublin could provide the initial materials for the
establishment of the school safety patrol . This would include a supply of
12 complete uniforms , including rain gear. The total cost to the City would
be approximately $550 , and would assure that the School District had the
ability to implement the program without being hindered by a concern over
funding the initial establishment .
The study also noted several required changes in the markings adjacent to
school facilities . The report recommends the removal of the white crosswalk
at Silvergate Drive and Peppertree Road and the crosswalks at York Drive and
Amador Valley Boulevard . Also , removal of the crosswalk on the north leg of
the intersection of Tamarack Drive and Village Parkway is desirable . As
noted above , during the subsequent review of the Davona Drive and Village
Parkway intersection, the Traffic Engineer has recommended the addition of a
crosswalk on the north leg of that T-intersection. Additional crosswalks
are recommended for the southern, western and eastern legs of the
intersection of Village Parkway and Tamarack Drive . A yellow crosswalk will
be necessary at the proposed new location for an adult crossing guard at
Burton Street and Amador Valley Boulevard. It should be noted that if the
Murray Elementary School District approves the establishment of a safety
patrol , further changes in the school markings may be recommended for that
area to improve the visibility of the patrol. J
The Traffic Engineer examined the congestion problem at Nielsen Elementary
School and recommended that the curb be painted to reflect the passenger
loading zone . Currently , signs are posted to designate the area .
Additional signs have been recommended by the Engineer to instruct parents
to proceed to the front of the loading zone in order to provide sufficient
use of the curb space .
The responsibility for providing adult crossing guards is currently shared
between the Murray Elementary School District and the City of Dublin. Prior
CM-4-119
Regular Meeting June 10, 1985
to the 1984-$5 school year, both agencies provided two adult crossing
guards . At the present ' ti.me , the City provides for two adult crossing
guards and the School District provides one adult crossing guard . The study
notes that with buildout traffic volumes , two additional intersections may
warrant adult crossing guards . This would assume no change in school
attendance boundaries . '
Michelle DeRobertas , representing TJKM, gave an overview of the report .
Ann Henderson expressed concern regarding the fact that at the intersection
of Amador Valley Boulevard and San Ramon Road, which has a stop light and a
crossing guard , right turns by motorists onto San Ramon Road jeopardize
people in the crosswalk. She also suggested the City consider picking up
the cost of the crossing guard .
Staff indicated that the right turn issue is already being considered by the
Traffic Engineer.
Stan Maleski , Murray School District Business Manager, stated he appreciated
the City' s efforts to quantify in a reasonable way where crossing guards are
needed . He did , however, have concerns regarding the student crossing guard
program, based on past research. He requested that .the Traffic Engineer
review the research. The School District did not feel the use of students
as crossing guards was a good idea due partially to the disruption of the
educational process . Mr. Maleski also asked that the City consider picking
up the cost for the crossing guard at Amador Valley Boulevard and San Ramon
Road .
Mark Stot , Principal of Murray School indicated that many years ago , when he
was principal of . a Pleasanton school , a .study was done which indicated the
rate of accidents was higher when utilizing students as crossing guards and
created a disruption to the educational system.
Cm. Hegarty stated he felt using students could work, and would like to see
them dressed in smart uniforms .
Ann Henderson expressed concern with using students from a liability
standpoint if an accident occurs . She felt. that 6th graders are unequipped
to handle a potentially dangerous situation.
Joyce Waite felt that the student school safety program would be nice and
perhaps parents could get involved in helping it to get off the ground.
Staff clarified that the Traffic Engineer in his report simply pointed out
that this is a possibility that could be considered and if the program were
to be implemented , the City would support it .
Judy Olson stated that what looks good on paper is not always the best
solution . If the School District staff doesn' t support the student safety
patrols , the program will go nowhere . The ideal would be for the City to
pay for an adult crossing guard at the Lucania Street/Davona Drive
intersection.
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Regular Meeting June 10, 1985
Mayor Snyder closed . the public hearing.
Cm. Jeffery indicated that since it appears that- the School District does
not want students as crossing guards , maybe the City should leave it open
for future consideration . She felt it is a good program for building
responsibi.lity . and that 6th graders were mature enough to handle .this
responsibility .
Ann Henderson resported that the School District Board of Trustees as a
whole has not discussed this issue .
On motion of Cm. J.effery , seconded by Cm. Vonheeder, and by unanimous vote ,
the Council adopted
RESOLUTION NO. 50 - ,85
ESTABLISHING CROSSING GUARD WARRANTS
FOR THE CITY OF DUBLIN
and
RESOLUTION :NO. 51 - 85
SUPPORTING THE ESTABLISHMENT OF A SCHOOL SAFETY PATROL
FOR THE MURRAY ELEMENTARY SCHOOL DISTRICT
and
RESOLUTION NO. 52 - 85
AUTHORIZING SPECIFIC CHANGES TO SCHOOL MARKINGS ON
PUBLIC STREETS AND THE ASSIGNMENT OF ADULT CROSSING GUARD
LOCATIONS DURING SCHOOL HOURS
RECESS
A short recess was called . All Councilmembers were present when the meeting
reconvened .
DUBLIN SAN RAMON SERVICES DISTRICT STUDY PROPOSAL
Representatives from the Dublin City Council and the San Ramon City Council
have met to consider proposals to conduct a study of the Dublin San Ramon
Services District services. The subcommittees recommended the selection of
Hughes , Heiss &. Associates . The scope of services would undertake the review
of park and recreation, garbage , water and sewer services. The results of
this study will be coordinated with the current study being conducted related
to fire services .
Cm. Vonheeder questioned what would happen if DSRSD did not cooperate with
the extraction .of information.
Mayor Snyder indicated that the Government Reorganization Act provides that
the information is needed in order to conclude whether or not to reorganize .
City Attorney Nave stated he wasn' t sure if the City could legally require
cooperation.
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Regular Meeting June 10, 1985
On motion of Cm. Jeffery , seconded by Cm. Hegarty , and by unanimous vote , the
Council approved Hughes , Heiss & Associates as consulting firm to conduct
evaluation; approved the scope of services ; approved the addition of a DSRSD
staff member to the study steering committee ; authorized the City Manager,
upon review of the City Attorney , to execute a contract with Hughes , Heiss &
Associates in the amount of $59 ,010 ; and authorized a budget transfer from
reserves in the amount of $12 , 000 to cover those costs incurred prior to the
end of Fiscal Year 19$4-85 •
SOUTHERN PACIFIC RIGHT-OF-WAY ACQUISITION NEGATIVE DECLARATION
Cm. Hegarty reported a conflict of interest and removed himself from
discussion and consideration of this item.
Alameda; County is proposing to acquire Southern Pacific Right-of-Way in
Dublin. The acquisition is for future consideration of a Light Rail Transit
System. Such a system would clearly have potentially significant environ-
mental effects such as noise and safety impacts .
On motion of Cm. Jeffery , seconded by Cm. Moffatt , and by majority vote , the
Council directed Staff to indicate to Alameda County that the City of Dublin
feels it is appropriate for the County to prepare an Environmental Impact
Report to address potential effects of the Light Rail Transit System. Cm.
Hegarty abstained from this vote .
OTHER BUSINESS
Meeting with Alameda County
City Manager Ambrose indicated he had met with Steve Hammell , Assistant CAO
for Alameda County regarding a meeting with the County regarding issues
affecting both the City and the County . The Board of Supervisors would like
to appoint 2 representatives to meet in an informal situation.
Cm. Moffatt indicated he had no problem with 2 people on the Council + the
City Manager meeting with representatives from the County, and felt that
Mayor 'Snyder and Vice Mayor Hegarty would be well qualified to represent the
City at the meeting.
On motion of Cm. Moffatt , seconded by Cm. Jeffery, and by unanimous vote , the
Council appointed Mayor Snyder and Vice Mayor Hegarty as the City' s
representatives along with City Manager Ambrose , to meet with the County.
Meeting with DSRSD Park Committee
City Manager Ambrose asked Mayor Snyder and Cm. Vonheeder for dates that
would be convenient for them to meet with the DSRSD Park Committee . The
possible dates of July lst , 3rd and 10th were suggested .
CM-4-x-22
Regular Meeting June 10, 1985
Fire Study
City Manager Ambrose indicated that a very technical document had been
distributed to the Council related to the fire study .
League Revenue & Taxation Committee Meeting
Cm. Jeffery reported that she would be attending a League of California
Cities Revenue & Taxation Committee meeting on June 28th and would pass on
any information necessary.
Transit Meeting
Cm. Jeffery reported that at the transit meeting, there was a motion to
extend the contract of DKS & Associates for 60 days , subject to creating a
technical advisory committee . Mayor Snyder indicated he was against this .
Weed Abatement
Cm. Hegarty reported that he had been contacted by Dr. Harvey Scudder who was
concerned regarding weed abatement on the Hansen property , since this
property is not within the District ' s boundaries. He wished the City could
apply some pressure and do something about the fire hazard situation.
Alameda County Housing Board
Cm. Hegarty indicated that he would be attending an Alameda County Housing
Board meeting and would be reporting on the comments received by Arroyo Vista
residents at tonight ' s meeting.
CLOSED SESSION
At 10 : 41 p.m. , the Council recessed to a closed executive session to discuss
potential litigation (Gov ' t Code Section 54956.9( c ) , and pending litigation
(Gov ' t Code Section 54956 . 9(a) , City of Dublin vs . the Sawmill and City of
Dublin vs . Nichandros .
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Regular Meeting June 10, 1985
ADJOURNMENT
There being no further business to come before the Council , the meeting was
adjourned at 11 : 45 p .m.
Mayor
ATTEST:
City Clerk
J
CM-4.-124.
Regular Meeting June 10, 1985