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HomeMy WebLinkAbout4.01 Approve 09-22-1986 Minutes REGULAR MEETING - September 22, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, September 22, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7 :31 p.m. by Mayor Peter Snyder. - ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder. PRESENT: Housing Authority Commissioners Hegarty, Jeffery, Moffatt, Vonheeder and Chairman Snyder. PLEDGE 'OF ALLEGIANCE Councilmember Moffatt introduced Jim Rasmussen, a Boy Scout from Troop 905 who is working toward his Tenderfoot Badge. Mr. Rasmussen led the Council, Staff and those present in the pledge of allegiance to the flag. PUBLIC HEARING COOPERATION AGREEMENT BETWEEN CITY & DUBLIN HOUSING AUTHORITY Mayor Snyder opened the public hearing. Staff explained that Joyce Glatt, Legal Counsel to the Dublin Housing Authority had prepared a Resolution and Cooperation Agreement required by the Department of Housing and Urban Development, as part of its approval of the transfer of Arroyo Vista from the Pleasanton Housing Authority to the Dublin Housing Authority. Ms . Glatt and Ms. Ophelia Basgal, Executive Director of the Alameda County Housing Authority were present in the audience. Cm. Vonheeder questioned the acceptance of streets, roads, etc. Since we are accepting a project that is already built, what responsibility does each agency have regarding something that might not meet the City' s standards. Ms . Glatt indicated that this would not apply since the project is already built. The City is accepting the project as it is. Staff explained that streets which are not presently dedicated would not have to be accepted by the City. Cm. Vonheeder questioned if it were appropriate for the Housing Authority to be conducting this business since the resident commissioners are not yet appointed. CM-5-193 Regular Meeting September 22, 1986 1�� Ms . Glatt explained that the Housing Authority has one year to make these appointments. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 94 - 86 APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN HOUSING AUTHORITY DUBLIN HOUSING AUTHORITY LOAN FOR ENGINEERING SURVEY WORK The Pleasanton Housing Authority will be conveying 33.4 acres to the Dublin Housing Authority. However, the Declaration of Trust should .only be recorded against the actual acreage on which the Arroyo• Vista Housing project is located. A .survey is required in order to determine the accurate size of the land upon which the Arroyo Vista project sits. The loan would be repaid by the Dublin Housing Authority at a later date. On motion of Cm. Hegarty; seconded by Cm. Vonheeder, and by unanimous vote, the Council authorized a loan of approximately $6,500 to the Dublin Housing Authority for Engineering Survey work and authorized Santina &.Thompson to perform the survey work. CONSENT CALENDAR Staff requested that the item related to approval of the amended Final Map for Tract 4415 be . removed from consideration. Plummer and Babbitt Civil Engineering has indicated that the map will be resubmitted in October. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council took the following actions: Approved the' Minutes of the Regular Meeting of September 8, 1986; Adopted RESOLUTION No. 95 - 86 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4950 and authorized Staff to accept maintenance bond in connection with guarantee of work at future date; letter of credit to remain in force until that time; CM-5-194 Regular Meeting September 22, 1986 Retained the firm of Singer & Hodges, Inc. , to provide Landscape Architec- tural Services for Kolb Park; authorized the Mayor to execute the agreement; directed Staff to continue negotiations with the Murray School District for the purchase of -Kolb Park; Approved the Financial Report for .period ending August 31, 1986 (Pro-Forma) ; Retained the firm of Cardoza, Dilallo, Harrington to provide Landscape Architectural Services for Dolan Park; authorized the Mayor to execute the agreement; Adopted RESOLUTION NO. 96 - 86 AMENDING THE SALARY & BENEFIT PLAN Denied a claim submitted by David C. Filstead and directed Staff to notify the claimant and ABAG PLAN Corporation; Approved an amendment to the Public Works Contract Agreement with MCE Corporation and authorized the Mayor to execute the agreement; Adopted RESOLUTION NO. 97 - 86 APPROVING AN AGREEMENT OF PURCHASE AND SALE OF THE VALLEY HIGH SCHOOL PROPERTY and authorized execution of said agreement; authorized a transfer of $50.0, 000 from the City' s Facility Acquisition & Construction & Street Improvement Reserves; Approved Warrant Register in the .amount of $366, 770.51; Approved an amendment to the Engineering Services Contract with Santina & Thompson, Inc. , and authorized the Mayor to execute the agreement. City Manager Ambrose requested that the item related to the amendment to the agreement with Taugher and Associates be removed and a correction be made to the hourly rate billed as a surcharge for insurance. A corrected Exhibit A was distributed reflecting this surcharge to be $3 . 00/hour not to exceed $12, 000. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council the approved an amendment to the agreement with Taugher and Associates, Inc. , for Building Law Enforcement Services and authorized the Mayor to execute agreement; authorized a transfer from the City's Contingent Reserve to the Building & Safety Budget in the amount of $9, 600 and to the Planning Budget in the amount of $2,400; Cm. Hegarty requested that the item related to street sweeping be removed for discussion. He reported that he had received this afternoon, as had other Councilmembers, a request from the City' s current contractor, MARC Sweeping Service, to split the services and award separate contracts for sweeping and CM-5-195 Regular Meeting September 22, 1986 li litter pick-up. No one from MARC Sweeping Service was present in the audience to discuss the request. Staff explained that this wculd_ require a revision of the bid specifications and necessitate going out to bid again. Following discussion, on motion of Cm. Hegarty, seconded by Cm.`�Moffatt, and by unanimous vote, the Council awarded the bid for Street Sweeping Services to A-1 Enterprises (annualized estimated cost of $53,260) and authorized the Mayor to execute the agreement; PUBLIC HEARING CORAL DEVELOPMENT CORPORATION VARIANCE TO BUILDING CODE Mayor Snyder opened the public hearing. This request relates to the 26-Unit Coral Gate Project at 8850 Davona Drive. Staff explained that the Developer has requested a variance to Section 1709 (a) of the Uniform Building Code requiring that the exterior walls of the proposed townhouses extend 30" above the roof. This request is based on Section 505 (e) of the code which has an exception clause that allows the omission of the 30" wall if the underside of the roof is fire protected for a distance of 5 ' perpendicular to the wall. Mr. James. Gibbons, representing Coral Development indicated that their reason for requesting this variance is appearance. Most other cities deal with this as a staff item. The objective is aesthetic. . _ Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the 'Council adopted RESOLUTION NO. 98 - .86 GRANTING VARIANCE TO SECTION 1709 OF THE UNIFORM BUILDING CODE TO. CORAL DEVELOPMENT CORPORATION PUBLIC HEARING DONOHUE DRIVE STOP SIGNS Mayor Snyder opened the public hearing. At the City Council meeting of September 8, 1986, the City Council reviewed a report from TJKM re speeding on Donohue Drive. Although the report did not recommend installation of stop signs as an effective method. of speed control,. the Council did agree to install stop signs on Donohue Drive at the intersection of Ironwood Drive and at the intersection of Irving Way and to monitor the efectiveness of these stop signs. CM-5-196 Regular Meeting September 22, 1986 Police enforcement of the speed limit will be increased and the stop sign installations will be reviewed after 6 months and after 1 year. 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 on an urgency basis ORDINANCE NO. 16 - 86 ESTABLISHING TRAFFIC REGULATIONS (Stop Signs on Donohue Drive @ Ironwood Way and @ Irving Way) PUBLIC HEARING THE FISHERY IN DUBLIN-PLANNED DEVELOPMENT REZONING & SITE, DEVELOPMENT REVIEW Mayor Snyder opened the public hearing. Staff explained that Ronald Rivers is applying for a Planned Development Rezoning and Site Development Review for The Fishery in Dublin, a seafood restaurant which would contain 225+ seats in a 7, 385+ square foot building on the west side of San Ramon Road, about 300 - feet north .of. Amador Valley Boulevard. The subject property is located within Area 3 of the San Ramon Road Specific Plan. The Plan calls for development in this portion of Area 3 to be by Retail Shopper Uses . The subject property is currently zoned C-1, Retail Business District. The subject proposal is considered consistent with the site 's underlying land use restrictions. Prior to the formal submittal of this request, the Applicant funded an Area Traffic Study which was performed by TJKM: The study expanded upon findings and recommendations which had been prepared in conjunction with the San Ramon Road Specific Plan. The updated information focused on those properties in Area 3 of the Specific Plan located north of the Amador Valley Boulevard extension. A key item of the proposed circulation improvements in this portion of Area 3 is the establishment of a shared driveway from San Ramon Road to serve both the subject property and the Moret property to the north. Staff and the Planning Commission recommended that the Applicant be required to provide improved access to the site by either providing full development of the shared driveway at the north side of the property or, if the necessary private agreements cannot be secured to install those improvements, provision of improvements along the south side of the property within the 28-foot access strip that currently serves the subject property. Regardless of what agreements can be reached between affected property owners concerning the envisioned circulation improvements in the area, the Applicant should be CM-5197 Regular Meeting September 22, 1986 required to demonstrate that a diligent effort has been made to secure all necessary approvals to accommodate the planned improvements and corresponding cross vehicular access easements. If all the necessary private agreements cannot be secured by this Applicant, then he should be required to record his portion of the respective agreements which will allow the matching ends of the various agreements to be picked up when subsequent entitlements are sought by neighboring property owners. A key element in the entire development proposal is the assumption that excess right-of-way along San Ramon Road can be purchased by the Developer and incorporated for use in this project. If an adequate amount of excess right-of-way cannot be secured to implement this site plan, then a Conditional Use Permit should be required to be processed to review the resultant, alternate site plan layout. Michael Johnstone, Architect for the project, provided an artist' s rendering and indicated that their working drawings will be completed next week. Cm. Jeffery inquired as to whether they had received a copy of the new Smoking Pollution Control Ordinance in order to work in the necessary fequirements to comply with this ordinance. Ron Rivers, Owner, indicated that they had made every effort to solve design problems and they have .gone strictly by the book. Mayor Snyder - closed the public hearing. Cm. Hegarty •felt -the Council should give direction to the Planning Department regarding what the City wants to see with regard to landscaping. The theme established -by the Dublin Town & Country Center should be carried through this project. Cm. Vonheeder questioned Staff with regard to the elevation of the bike path along San Ramon Road. City Engineer Thompson indicated that the bike path will be changed from Silvergate Drive north. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 99 - 86 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA86-053.1 and .2 THE FISHERY IN DUBLIN PLANNED DEVELOPMENT REZONING AND SITE DEVELOPMENT REVIEW REQUESTS (RIVERS/BARTON-OWNERS & META 4 DESIGN, INC.-APPLICANTS) and RESOLUTION NO. 100 - 86 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING AND SITE DEVELOPMENT REVIEW REQUESTS CONCERNING PA86-053.1 and .2 THE FISHERY IN DUBLIN (RIVERS/BARTON-OWNERS & META 4 DESIGN, INC.-APPLICANTS) CM-5-198 Regular Meeting September 22, 1986 and waived the reading and INTRODUCED an ordinance amending the zoning Ordinance rezoning real property located in the southwest portion of the City of Dublin. SAN RAMON ROAD SPECIFIC PLAN AMENDMENT STUDY On September 8, 1986, the City Council conducted a public hearing. regarding PA86-049 . The City Council directed that 1) for the 1.4+ acre Moret property the Land Use Plan Section be amended to permit Office, Financial Institution and Personal Services Uses and up to a maximum occupancy of 50% of the floor area as Retail Shopper and Eating and Drinking Establishments; 2) the Circulation system Section be amended to have a shared driveway; and 3) the General Development Criteria Section be amended. Jess White distributed a revised site plan showing a joint driveway. Roy Moret reiterated his request to be granted these latitudes . The number of required parking stalls was discussed. Staff indicated that it had not had a chance to review the revised drawing. On motion of :Cm. Moffatt, seconded by Cm. Hegarty, and by majority vote, the Council adopted RESOLUTION NO. 101 - 86 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA86-049 SAN RAMON ROAD SPECIFIC PLAN AMENDMENT STUDY' AMENDMENT TO AREA 3 and RESOLUTION NO. 102 - 86 APPROVING AN AMENDMENT TO THE SAN RAMON ROAD SPECIFIC PLAN AMENDING THE LAND USE PLAN SECTION OF THE PLAN TO CREATE AREA 3B , (SUB-AREA OF AREA 3 OF THE PLAN, CONSISTING OF THE 1.4+ ACRE MORET PROPERTY) , PROVIDING FOR DEVELOPMENT WHICH WOULD BE OFFICE, FINANCIAL INSTITUTION, OR PERSONAL SERVICE USE IN NATURE, AND AMENDING THE CIRCULATION SYSTEM AND GENERAL DEVELOPMENT CRITERIA SECTIONS OF THE PLAN Cm. Jeffery voted NO on this motion. SILVERGATE DRIVE TRAFFIC STUDY In response to requests from residents of Silvergate Drive, the City Council directed TJKM to study traffic volume and speeds and crosswalk locations on Silvergate Drive once the street had been opened to through traffic . TJKM' s preliminary report was distributed. CM-5-199 Regular Meeting September 22, 1986 This meeting was scheduled to serve as a fact-finding study. Notices were sent to all residents fronting on Silvergate Drive. Recommendations will be formulated and a report prepared for the Council meeting of October 13, 1986. Mayor Snyder questioned the TJKM report with regard to the counts that will - be done to ascertain the volume of pedestrians per hour. Ty Tekawa indicated that TJKM's recommendation was .to have the crossing at Amarillo Road. Cm. Jeffery stated she would be interested in obtaining a morning count in addition to the afternoon count. Cm. Jeffery also questioned if the Traffic Engineer felt that if this location had a crossing guard, would this cause the children to use this location. Mr. Tekawa indicated yes that their experience has shown that if a crossing guard were there, the intersection would be utilized by pedestrians. City Manager Ambrose indicated that presently there are many parents. who drive their children to school. Mayor Snyder asked if there were statistics available which would indicate how many children live on the north side of Silvergate Drive and also on Amarillo Court. Mayor Snyder questioned approximately how long it would take to gather this information. Mr. Tekawa indicated that their strategy is to bring this issue back before the Council as a public hearing in October. Cm. Hegarty felt that the Traffic Engineering Firm should project into their study the fact that this area is not yet completely built out. Zev Kahn questioned if it rained on the day the student counts were taken. Mr. Tekawa responded that it had rained that day, so this would also affect the counts as many parents transport their children on rainy days. Mr. Kahn questioned if any consideration had been given to changing the crosswalk to Castillian. Mayor Snyder indicated that the original thought was to have all the children collect at one intersection to cross. Brian Raley felt that if we count the children who cross at Castillian, we may be able to come up with the needed numbers . Ken Coupe felt the biggest problem in this area is trucks that speed and questioned what could be done to curtail this. Lt. John Severini reported that as of today, the City has a full time traffic officer and he will add this area to the specifically identified areas for CM-5-200 Regular Meeting September 22, 1986 patrol. The City has identified approximately 15 areas as "hot spots" where traffic problems exist.. The Police Department will be responsive to citizens and their complaints. William Smith who lives on Silvergate Drive just west of Peppertree Road - indicated that getting out of his driveway between 8:00 and 9 :00 a.m. , is extremely difficult. He suggested that we find.-out how many children would be allowed to walk that are now being driven. Cm. Vonheeder reported that Nielsen School has a separate reading schedule except on Mondays, so the survey should be done on a Monday when all children go to school at the same time. Jennifer Harms felt that the speeding problem can also be attributed to mothers in a hurry taking their children to school. She suggested putting in an east/west crosswalk on Peppertree Road to encourage going on to Amarillo. Mayor Snyder explained that the City must operate within guidelines set forth by the State. Debbie Rosenthol; Silvergate Drive, indicated she is new to the area and was concerned regarding speeding trucks coming down Silvergate Drive. She questioned plans for the intersection of San Ramon Road and Silvergate Drive, and also questioned if the Silvergate Drive medians would be landscaped. City Engineer--Thompson explained the plans for this area. The Silvergate -Drive medians have been identified in the Five-Year Capital Improvement ' .Program and scheduled to be done in 1989 . Mr. ''Tekawa indicated that he would try to have a recommendation to the Council by -October 13th -and if this cannot be accomplished, then by October 27th. Cm. Hegarty suggested that the City send letters to the developers on the western side of Dublin indicating that we are unhappy with -the lack of conformance to our speed limits CITIZEN OF THE YEAR AWARD On August 8, 1986, the Chamber of Commerce President requested that the City consider taking over the responsibility of identifying and awarding the Dublin Citizen of the Year. At its meeting of September 8, 1986, the City Council agreed to review the Chamber' s established guidelines for this selection. 'A copy of the Chamber' s guidelines was provided. Cm. Vonheeder indicated she had no problems with the Chamber' s criteria. She did feel that it should be imperative that the people nominated be Dublin residents and involved with a Dublin organization. A two member committee . could make recommendations to the Council . The Park & Recreation Commission could also be considered for this. CM-5-201 Regular Meeting September .22, 1986 Cm. Jeffery felt the volunteer recognition dinner would be the proper place to make this award. Cm. Vonheeder pointed out that this dinner is usually by invitation only. Mayor Snyder felt that since this will be honoring a Dublin resident, it _ would be inappropriate to present it at a Chamber function which may or may not be held within the City. Cm. Vonheeder indicated she also was not in favor of combining with the Chamber function as their events are often held outside of Dublin. Cm. Jeffery suggested presenting the award at either the St. ' Patrick' s Day ceremonies or during the Founder' s Day activities. Consensus of the Council was that the award be presented 1) at a City public event that is open to all citizens and 2) the person must be a Dublin resident and the service contributed has made Dublin a better place because of this contribution to the community. Discussion was held regarding who should judge. Mayor Snyder felt it should be someone outside of the City. There is, however a danger that it could become judging of the application rather than the - service. Consensus of the Council was that each Councilmember appoint one person to the judging committee. There shall be 3 appointments outside of the City and 2 residents on the committee. The timing of the award was discussed. Cm. Jeffery felt it should coincide with National Volunteer Week in April. A suggestion was made that perhaps this year only, the award be made along with the Chamber' s award at their Christmas luncheon. OTHER BUSINESS Immigration & Naturalization Service Issue Mayor Snyder reported that he and City Manager Ambrose recently met with Congressman Stark, Supervisor Ed Campbell and a representative from the Immigration & Naturalization Service regarding their intent to establish a 300 bed minimum security detention facility on the Santa Rita property. Brian Raley suggested that the City take a very strong stand against this. City Manager Ambrose reported that the INS representative indicated they would be willing to compromise. Cm. Hegarty felt that Camp Parks has outlived its usefulness. City Manager Ambrose questioned what the official City Council position was. Consensus of the Council was to flat out oppose the location of such a facility on this property. The Council directed Staff to send letters to the appropriate officials indicating the City' s opposition based on the plan that has been set forth for this particular area. CM-5-202 Regular Meeting September 22, 1986 Annexation (North Pleasanton Assessment District) I-580 Interchange Mayor Snyder reported that he and City Manager Ambrose had met with the _ Pleasanton City Manager and Ken Mercer to discuss the I-580 Interchange issue and get some of the meetings started. LAFCO adopted a resolution authorizing Dublin to proceed with its annexation with the condition that they recommended we study the benefit to the north side property owners. This recommendation was not binding, but simply a recommendation. Cm. Jeffery felt willing to discuss the issue with Pleasanton. City Manager Ambrose indicated that Pleasanton initially wanted 50% but they have indicated they would be willing to hire an independent analyst to study the issue. Cm. Jeffery questioned who would pay for such a study. Mayor Snyder felt the issue is not really cost as much as percentage of benefit. Cm. Jeffery felt that development would trigger our participation in a study to determine the percentage of benefits . Cm. Hegarty indicated that Dublin would meet with Pleasanton, but at this time .we don't even know what is reasonable with regard to percentage of benefit. City Attorney Nave suggested that the City designate Lee Thompson, City Engineer, .to serve as a liaison with Division 4 of CalTrans. This. designation -was so made. In this way, the City will have constant contact with CalTrans . The Council consensus was that when the first major development takes place on the north side of the freeway, this would trigger Dublin' s participation. Proposition 61 Cm. Vonheeder recently. attended an East Bay League of CA Cities function and Proposition 61 was discussed. Many of the cities have discovered that 40% of public employees are not registered to vote. They have recommended that cities include voter registration cards with paychecks. People are going to be wanting a lot of information related to Proposition 61. Some cities are preparing statistics related to the costs and the savings, in order that they can inform voters is their own cities . When the information is turned into dollars it becomes much clearer to understand. For instance, the City of Union City has determined that they do not have enough money in their reserve to totally pay out all the vacation and sick leave owed to employees. City Manager Ambrose indicated that a report will be brought to the Council at its next meeting which will identify the impacts to the City of Dublin . The major impact will be whether or not we will be able to get contractors to work for us at the rate allowed. CM-5-203 Regular Meeting- September 22, 1986 In the event of an emergency, any city could be in a potentially serious situation with not being able to pay the necessary rates for the required service. City Manager Ambrose indicated the City had received a group of pre-addressed _ flyers from the "No on Proposition 61" committee to be distributed to members of the community. He felt it was inappropriate for City employees to take the lead role in distributing these. Proposition 4 Appropriations Limit Cm. Jeffery reported that she had recently attended a policy meeting. Discussion was held regarding revenue from fines & forfeitures. Some of the penalty assessments are up to 80% of the .fines. These are being reduced and will most likely become an issue. Also to be studied is the Gann appropriations limit, Proposition 4. The apartheid issue will also be looked at and hopefully some guidelines issued that cities can use. This issue will be brought up again at the League. 'CLOSED SESSION At 10:12 p.m. , the Council recessed to .a closed session to discuss personnel items in accordance with Government Code Section 54957'. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10 :35 p.m. Mayor ATTEST: City Clerk CM-5-204 Regular Meeting September 22, 1986