HomeMy WebLinkAbout4.1 Approve 10-13-1986 Minutes REGULAR MEETING - October 13, 1986
A regular meeting of the City Council of the City of Dublin was held on
Monday, October, 1986 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 alle-
giance to the flag.
WHITE CANE SAFETY DAY
Mayor Snyder read a proclamation declaring October 15, 1986 as-White Cane
Safety Day in the City of Dublin. The Proclamation was then presented to Ms .
Donna Sexton, a blind resident of Dublin who was present with her guide dog.
INTRODUCTION OF NEW ADMINISTRATIVE SERVICES/FINANCE DIRECTOR
i
City Manager Ambrose introduced the City' s new Administrative Services/
Finance Director, Phillip Molina. Mr. Molina came to the City from the City
of Paso Robles. The Mayor and Council welcomed Mr. Molina aboard.
EAGLES NEST CHRISTIAN FELLOWSHIP
Pastor Gary West, representing the Eagles Nest Church congregation, reported
that last month they received approval of the Planning Commission to occupy a
vacant building on Sierra Lane. This approval was appealed by Cm. Jeffery,
who felt the Council should hold a public hearing to make this determination.
Pastor West appealed to the City Council to waive the public notice
requirements and allow this issue to be placed on the agenda and be heard at
this meeting. They are there to benefit the community and the delay in a
decision creates a hardship for both them and the Zendex Corporation who
wants to lease them space.
City Attorney Nave explained that the noticing requirements are set forth in
the Government Code and there are no provisions for the Council to waive this
notice.
Pastor West indicated they would like to expedite the matter in any way
possible. They requested to be placed on the October 27th City Council
agenda. Pastor West relayed documented conversations held with various other
cities in the area that allow churches to be located in industrial areas with
no apparent problems. Mayor Sner asked Pastor West to supply the
information to the City Staff .'�
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CM-5-205
Regular Meeting October 13, 1986
Mayor Snyder questioned Staff with zegard to noticing deadlines for placing
this item on the October 27th agenda. Staff reported that the notice would
have to be to the newspaper no later than noon on Tuesday in order to make
the deadline for publication. City Attorney Nave indicated that due to his
extremely heavy schedule in the next two weeks he could not guarantee that he
would be able to research the legal aspect of the issue.
The Council concluded that the item should be noticed for the October 27th
meeting and at that time, if the City Attorney has been unable to complete
his report, then the public .hearing will be continued to the next meeting.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
Council directed Staff to notice the 'public hearing of the Eagles Nest issue
for the City Council meeting of October 27th. The Council indicated that if
the legal information is not available, the item would not be heard.
Robert Vigil, a real estate broker felt that it was not the City's intention
to keep churches out of Dublin, but there is no specific zoning for churches .
Zoning ordinances have been held invalid and unreasonable where attempts have
been made to exclude certain uses.
CONSENT CALENDAR
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council took the following actions : -
Approved Minutes of Regular Meeting of September 22, 1986;
Approved the City Treasurer's Investment Report for Period Ending
September 30, 1986;
Received a report related to the Summer Youth Employment Program;
Received a report related to the Summer Quarter Recreation Program;
Adopted
RESOLUTIONI NO. 103 - 86
AUTHORIZING THE DESTRUCTION OF CITY RECORDS
RELATED TO THE APRIL 1984 ELECTION
Adopted
RESOLUTION NO. 104 - 86
AMENDING RESOLUTION NO. 6-82
RE POSTING OF CITY ORDINANCES
Adopted
RESOLUTION NO. 105 - 86
FOR THE ACCEPTANCE OF IMPROVEMENTS
TRACT 4943
CM-5-206 ,
Regular Meeting October 13, 1986
Adopted
RESOLUTION NO. 106 86
AUTHORIZING A FUEL-EFFICIENT TRAFFIC SIGNAL
MANAGEMENT PROGRAM GRANT APPLICATION
and declared this study program as categorically exempt under CEQA;
Adopted
RESOLUTION NO. 107 - 86
AMENDING THE SALARY & BENEFIT PLAN
ADOPTED BY RESOLUTION NO. 96-86
Authorized the City Manager to secure traffic control services for soccer
tournament at the Dublin Sports Grounds on October 25 & 26th if paving of the
Sierra Court extension is not complete;
Approved Warrant Register in the amount of $386, 674 .34 .
Cm. Jeffery requested that the item related to the Civic Center progress
report be removed from the consent calendar for discussion. She questioned
dates for the anticipated meetings and advised that she would be unable to
attend a meeting on October 29th as she will be out of town. The meeting
date was changed from October 29th to October 31st and� .the November 5th date
was changed to November 7th.
Following this discussion, on motion of Cm. Jeffery, seconded by Cm. Moffatt,
and by unanimous vote, the Council approved the establishment of Civic Center
Advisory Committee (CCAC) , confirmed meeting dates and reviewed the progress -
to -date.
LETTER FROM THE HENDRICKS FAMILY RE DAVONA DRIVE TRAFFIC
Mr. Larry Hendricks, 8670 Davona Drive, has contacted the City regarding
traffic problems on Davona Drive and asked that- this situation be brought
before the City Council for consideration.
City Engineer Lee Thompson provided various traffic statistics and indicated
that they show that speeding is still occurring on this street. They felt
that heavy enforcement is the best deterent.
City Traffic Engineer Chris Kinzel indicated that they have conducted 24 hour
counts and speed studies . Approximately 3, 000-4, 000 vehicles per day travel
on this street. A lot of the traffic is generated by the greater
neighborhood itself. Approximately 30%-40% of the traffic is through
traffic .
Larry Hendricks felt that this street seems to be a prime place for a tragedy
to occur. Stop signs that were installed in the past have been very
effective in stopping accidents .
CM-5-207
Regular Meeting October 13, 1986
They are requesting that another '2 sets of stop signs be placed on Davona
Drive; one set at Wicklow and one set at_ Briarwood Lane. Mr. Hendricks also
.reported that the current stop signs are partially covered by foliage that
needs to be trimmed.
Many comments were taken from members of the audience who were unidentified.
Someone suggested that the fines for truckers traveling through residential
streets should be greater. Also, it was felt that buses should not be
allowed on Davona Drive.
School crosswalks were discussed and Mayor Snyder indicated that a recent
joint study between the School District and the City, identified the
preferred route to school and where the school children should be crossing.
Mr . Hendricks indicated he had spent several hours with the City' s traffic
enforcement officer and commended the department; however he felt that since
this officer only works 11:00 a.m. to 7: 00 p.m. , 5 days per week, the rest of
the time speeders go whizzing by. Mr. Hendricks felt that the police
department is using a double standard in enforcing the speed limit. in this
area.
Lt. Severini explained that the department is not using a double standard and
explained that even though the area is posted at 25 mph, the survey showed
that 85% of the cars travel at 35 mph. When someone is traveling at between
25 and 35 mph, it is very difficult for a citation to stand if it is
challenged. There are 4 patrol cars on the streets at any given time and
traffic enforcement is -done not only by the full time traffic unit, but by
all officers. The police department proposes to follow through with
enforcement as well as to educate the public .
Beth Grant DeRoos indicated that she wished to speak up in favor of the
people in this area as 1 1/2 years ago, her 19 year old son was hit by a
drunk driver. He would be a senior at Stanford this year, and he received
permanent brain damage as a result of this accident. She voiced concern for
the safety of the children of the people in the audience.
David Souther indicated he had been a resident of Davona Drive since 1963 .
He felt the City should encourage people coming off I-680 to go on down to
Kimball. He felt that stop signs and a crosswalk at Wicklow would create a
safer situation.
Mr. McCullough who lives across the street from St. Philip Lutheran Church
indicated that people entering and leaving the church enter through the exit
and exit through the entrance. When the driveway leading to the new
condominiums is put in, things are going to get worse. Wheels are
continually squeeling. He also felt that since buses exceed the 3 ton limit
they shouldn't be allowed on the street.
Mayor Snyder explained that buses are a public service to the community and
the 3 ton weight restriction was placed for and applies to commercial
vehicles .
1
CM-5-208
Regular Meeting October 13, 1986
Mr. Ralph Ramirez complained that the traffic congestion is getting worse in
Dublin and growth needs to be addressed. Davona Drive is being used as a
thoroughfare and this use is threatening .residents health and causing
property values to go down.
Mayor Snyder pointed out potential problems with the City of San Ramon
related to routing traffic onto Kimball Avenue.
Cm. Moffatt felt that trees blocking signs should be looked at and possibly
trimmed. He felt he could go along with the stop sign requests .
City Traffic Engineer Kinzel indicated that his firm could discuss the
appropriate location for crosswalks with the School District.
Cm. Hegarty commended the Davona Drive neighborhood for attending the City
Council meeting in large numbers, but. advised them that comments related to
the Council not responding to residents needs was inappropriate. He felt
that the Council had demonstrated its willingness to listen and residents
should not feel they have to approach the Council with a defensive attitude.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the
Council agreed to have 2 sets of stop signs installed; Davona Drive @ Wicklow
Lane (north) , and Davona Drive @ Briarwood Lane.
PROPOSITION 64/LAROUCHE/AIDS INITIATIVE
Mayor Snyder requested that correspondence received from the "No on 64 Stop
LaRouche" Campaign be agendized for discussion of the Council. They have
requested that the City adopted a resolution making a strong statement in
opposition to Proposition 64 .
On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote,
the Council adopted
RESOLUTION NO. 108 - 86
OPPOSING PROPOSITION 64
AIDS INITIATIVE (LAROUCHE)
PUBLIC HEARING
DOUGHERTY ROAD WIDENING - EMINENT DOMAIN PROCEEDINGS
Mayor Snyder opened the public hearing.
Cm. Hegarty announced that he was abstaining from any participation related
to this particular item due to a conflict of interest.
CM-5-209
Regular Meeting October 13, 1986
,
The City is attempting to acquire right-of-way from Southern Pacific for the
future widening of Dougherty Road. This_ right-.of-way is to be purchased with
both HUD funds and General Funds. The deadline for using the HUD funds is
December, 1986.
The Alameda County Right-of-Way Department is doing the acquisition work for
the City and has submitted an offer to Southern Pacific, but to date, has not
received a response. The purpose of this Resolution is to encourage Southern
Pacific to respond. Widening of the west side of Dougherty Road is planned
for next year by theVillages development. The easterly side would be widened
in a future year. . This right-of-way acquisition is budgeted for this fiscal
year.
City Attorney Nave reported that the County has been advised by Southern
Pacific that they are willing to discuss the issue and it appears to be a
matter that will resolve itself.
No public comments were made.
Mayor Snyder closed the public hearing.
Cm. Moffatt questioned if Southern Pacific were agreeable, would it still be
necessary to go into eminent domain proceedings. City Attorney Nave advised
that it would not.
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote,
(Cm. Hegarty abstained) the Council adopted
RESOLUTION NO. 109 - 86
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
PUBLIC HEARING "
THE FISHERY IN DUBLIN-PLANNED DEVELOPMENT REZONING & SITE DEVELOPMENT REVIEW
Mayor Snyder opened the public hearing.
On September 22, 1986, the City Council adopted a Resolution approving PA86-
053 for the Rezoning and Site Development Review application and introduced
an Ordinance amending the Zoning Ordinance.
The application involves a 225+ seat restaurant on 1 . 5+ acres at 7400 San
Ramon Road.
No public comments were made.
Mayor Snyder closed the public hearing.
CM-5-210
Regular Meeting October 13, 1986
On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote,
the Council waived the reading and adopted
ORDINANCE NO. 17 - 86
AMENDING ZONING ORDINANCE REZONING REAL PROPERTY LOCATED
IN THE SOUTHWEST PORTION OF THE CITY OF DUBLIN
(The Fishery)
PUBLIC HEARING
ANNEXATION NO. 2 PUBLIC LANDS (CAMP PARKS)
Mayor Snyder opened the public hearing.
On September 11, 1986, LAFCO approved the proposed Public Lands (Camp Parks )
Annexation finding that 1 ) the proposed annexation is consistent with
procedures and policies of LAFCO and 2) the annexation will permit the
provision of municipal services by Dublin to the annexation area. LAFCO
approved the annexation subject to the following conditions :
1) that correction of the maps be made as may be required
2 ) that the City of Dublin is designated the conducting authority and
authorized to initiate proceedings
3 ) that LAFCO recommends that the City of Dublin study the property to
determine if there are areas within the property which may be benefited by
freeway improvements and, if such benefits are found, to support the creation
of an assessment district or similar vehicle for the financing of the cost of
construction of that portion of the freeway improvements which confer special
benefits on areas within the property
4 ) that LAFCO recommends that the City of Dublin participate jointly with the
City of Pleasanton and any other public agencies having jurisdiction within
the property in formation of a joint powers or -other special purpose entity
or commission, for the purpose of defining a "scope of work" for the freeway
improvements, determining the cost thereof, and retaining an "engineer of
work" to determine the boundaries of the benefited area. The object of the
City of Dublin' s participation with other public agencies shall be to attain
an . official determination of the extent of improvements, cost of improve-
ments, and proportion of costs to be borne by the benefited area.
The City Council must conduct a public hearing to hear and consider written
or oral protests or evidence made concerning the annexation. Protests are
limited to land owners or registered voters within the proposed annexation
area.
The City Council must also adopt a Resolution making findings concerning the
value of the protest and take action on the annexation.
CM--5-211
Regular Meeting October 13, 1986
No public comments were made.
Mayor Snyder closed the public hearing.
On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote,
the Council adopted
RESOLUTION NO. 110 - 86
APPROVING CITY OF DUBLIN ANNEXATION #2
PUBLIC LANDS (CAMP PARKS)
HANSEN RANCH GENERAL PLAN AMENDMENT STUDY - POTENTIAL EXPANSION
On August 11, 1986, the City Council authorized the Hansen Ranch General Plan
Amendment Study to include the 147 acre Hansen Ranch and an overall
circulation study for the Western Extended Planning Area. The City Council
also directed Staff to contact other adjoining property owners that could
form a contiguous area with the City and determine, their interest in
participating in an expanded study.
Staff sent letters to all 16 groups of private property owners and responses
were provided to the Council. Work study program proposals have been
received and the estimated cost for the Hansen Ranch General Plan Amendment
Study totals approximately $60, 000. The estimated cost for consultant
services for each additional acre is $110.
Cm. Jeffery felt she had a problem with -the City paying for those who refused
to pay.
City Manager Ambrose indicated that Staff had come up with a dilemna in that
those willing to pay for the study are the ones who want to develop right
now.
Planning Director Tong indicated that the overall circulation system for the
west extended planning area would be addressed. Land use issues were being
addressed on the Hansen property only.
Cm. Moffatt felt the City should do a Hansen Ranch land use study but with
circulation issues looked at for the entire area.
Cm. Hegarty felt the City had offered other property owners an opportunity to
participate. The existing residential streets below these areas are at
capacity.
Cm. Jeffery felt the study should be limited to the Hansen Ranch property,
but let others share if they are willing to share in costs .
The Williamson Act requirements were discussed.
CM-5-212
Regular Meeting October 13, 1986
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the
Council authorized an expanded study area that could form a contiguous area
with the City, subject to the property owners paying for the cost of
including their .property in the study.
SCHEDULE FOR TIMELY REMOVAL OF ILLEGAL SIGNS .
Cm. Moffatt indicated a conflict of interest and did not participate in the
discussion related to this item.
In June, 1986, the Sign Ordinance adopted by the City Council went into
effect. The intent of the Sign Ordinance - is to provide effective and
attractive identification. As part of the implementation of the Ordinance,
Staff undertook a Citywide sign survey. The survey has identified some signs
which are illegal:
Generally, there are 2 types of illegal signs : 1) those that were prohibited
or that were installed without appropriate permits and did not comply with
the Sign Ordinance then in effect and 2) those that were originally installed
with appropriate permits, but then became non-conforming and subject to an
amortization period. With the end of the amortization period, the signs
became illegal.
Cm. Jeffery questioned if the different time allocations. were due basically
to the cost of the signs and dollars necessary for removal .
Planning Director Tong answered in the affirmative and explained that Staff
would be giving sign owners the benefit of the doubt about whether they knew
their signs were illegal .
Staff explained that the Zoning Enforcement Officer has been working on
identifying the current inventory of illegal signs for approximately 3 months
and expects to have the list completed sometime within the next month or so.
Cm. Jeffery felt that the City should -notify all those with illegal signs
that they have 3 months to comply and if there is a particular problem, they
can contact the City for special consideration.
Cm. Hegarty indicated he would prefer to wait to see the list of haw many
signs are being discussed. All sign owners should be given a reasonable
amount of time to comply. The amortization period has already run out in
many cases .
Cm. Vonheeder questioned who would receive the notification, if it would be
the land owner or the tenant. Staff advised that if the City can determine
who the owner is, the notice would be sent to them. If we are unable to
determine this information, then it would go to the property owner. Cm.
Vonheeder felt that everyone should be given 6 months to remove the illegal
signs.
Cm. Jeffery indicated she would like to see everyone in conformance by St.
Patrick' s Day.
CM-5-213
Regular Meeting October 13, 1986
1) Salaries & Fringe Benefits ,
2) Contracts
Taugher & Associates (Building & Safety)
Santina & Thompson (Engineering)
TJKM (Traffic Engineering)
MCE Corporation (Public Works)
Miscellaneous Contracts
3) Leave Benefits
4) Retirement
In summary, it was felt that the passage of Proposition 61 would in all
likelihood, lower the quality of services provided by the City and at the
same time increase the costs of providing those services. This will be
particularly true in the case of the City of Dublin if it is found that
Proposition 61 will inhibit the City' s ability to continue to enter into
contracts for various services .
Richard Mendling, 7194 Elk Court, requested that the City Council not take a
position on this item or the next item, dealing with .Measure B. They had
made no recommendation on the AIDS initiative issue and Mr. Mendling felt
they should instead simply suggest that people read the initiatives in
detail.
The Council clarified the fact that they had indeed taken a stand in
opposition to the AIDS initiative.
Cm. Jeffery stated she felt it is the duty of the Council to make sure that
people know exactly what they are voting for, and that was why the Council
requested the City Manager to prepare a detailed report of how this
proposition would affect Dublin. The report indicates that it will
definitely be detrimental to the City of Dublin, if adopted.
Cm. Vonheeder also felt it to be the responsibility of the Council to take
stands on issues.
On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the
Council adopted
RESOLUTION NO. 112 86
OPPOSING BALLOT PROPOSITION 61
RESOLUTION SUPPORTING MEASURE B - 1/2� TRANSPORTATION TAX
On July 28, 1986, the City Council approved a Transportation Expenditure
Plan. The approval by local cities was required prior to consideration by
the Board of Supervisors and placement on the November ballot.
The measure will be presented to the voters of Alameda County as Measure B.
The proposal would increase the sales tax collected in Alameda County from
6 1/2� to 7�. The additional 1/2� tax will be utilized for transportation
CM-5-215
Regular Meeting October 13, 1986
improvements throughout the County. . The funding will be administered by a
new County Transportation Authority. The supplemental tax will be in effect
for a 15 year period and is estimated to generate $990 million for street
improvements .
Cm. Moffatt felt the measure was too hastily conceived. The concept is good
but the money will not go far enough.
Cm. Jeffery reported that many concessions had been made in developing the
list. All the projects will compliment each other. The dollar figures were
developed in a conservative manner.
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote,
the Council adopted
RESOLUTION NO. 113 - 86
SUPPORTING ALAMEDA COUNTY MEASURE B
Cm. Moffatt voted against this motion.
OTHER BUSINESS
Proposition 62
City Manager Ambrose reported that Pat Russell, President of the League of CA
Cities indicated that Proposition 62 establishes a retroactive date of August
1985. Depending on how the courts interpret it, the City of Dublin could
lose about $104, 000 unless a .validation election was held.
Meeting Re I-580 Interchange Improvements
City Manager Ambrose advised that a meeting is being hosted jointly by the
Cities of Dublin and Pleasanton at the Pleasanton Hilton on November 5th,
from 9 :30 a.m. to 1 :30 p.m. The Cities will be splitting the cost for lunch,
and property owners on both the north and south sides of I-580 will be
invited, as well as Burch Bachtold from CalTrans and State Elected Officials.
The purpose of the meeting will be to generate some discussion with regard to
the proposed improvements and problems that have come up as a result of these
improvements . The impacts on the various properties will also be discussed.
San Ramon Valley Black Community Association
Mayor Snyder reported that he had received an invitation for a member of the
City Council to speak at a civic event being sponsored by the San Ramon
Valley Black Community Association. The event will be held on November 7th
at 8:30 p.m. , at Twin Creeks. They expect approximately 75 families.
CM-5-216
Regular Meeting October 13, 1986
Cm. Vonheeder indicated she would attend,the function. Mayor Snyder
indicated that Cm. Vonheeder should advise Diane Schinnerer or Carlos
Alexander that she would be attending.
San Ramon Property
Cm. Hegarty reported that there was to be a meeting in San Ramon this evening
related to the development of the property at Alcosta Boulevard and San Ramon
Valley Boulevard in San Ramon. A General Plan Amendment is being requested
to allow for a broad mix. As the intersection of Alcosta Boulevard/San Ramon
Road/San Ramon Valley Boulevard would certainly be impacted by development at
this corner, Cm. Hegarty requested that Staff inquire as to the outcome of
tonights meeting.
CLOSED SESSION
At 11 :08 p.m. , the Council recessed to a closed executive session to discuss
pending litigation, City of Dublin vs. Filstead.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 11:25 p.m.
Mayor
ATTEST:
City Clerk
CM-5-217
Regular Meeting October 13, 1986