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HomeMy WebLinkAbout4.01 Approve 08-10-1987 Minutes REGULAR MEETING - August 10, 1987 l A regular meeting of the City Council of the City of Dublin was held on Monday, August 10, 1987 in the meeting room of the Dublin Library. The meeting was called to order at 7:30 p.m. by Mayor Linda Jeffery. * * * * ROLL CALL PRESENT: Councilmembers Moffatt, Snyder, vonh°^a -- and Mayor Jeffery. ABSENT: Councilmembers Hegarty & Vonheeder. * * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. * * * * Tree Problen Mike Trent, Quartz Circle expressed concern regarding trees that were planted behind his lot, and several other lots and which grow very rapidly and may block their view. Some of the trees get as high as 60' to 80 ' . They have contacted Lee Thompson and the Public Works Department and were assured that they will be trimmed back. Mr. Trent submitted a petition to the Council. City Engineer Lee Thompson advised that he had spoken with Mrs. Trent and explained to her that one of the species of trees can be trimmed into a bush. Other trees can be moved further down the slope. The Council asked that Staff review this situation, and work with the homeowners to alleviate the problem. * * * * Aesthetics Problems Bob Wright, Canterbury Court asked the Council if the City has any provisions to deal with people who do not put in any type of landscaping. Mr. Wright indicated that there are 14 rental properties on his street that are run down, and an eyesore. Mayor Jeffery indicated a problem spending City money on private property. City Attorney Nave reported that some cities are looking at an ordinance that would require some type of aesthetics, which is somewhat of a novel thing. The legal problem being is there sufficient public purpose. The Council requested that Mr. Nave look into this and report back at the next Council meeting. CM-6-255 Regular Meeting August 10, 1987 _. ! co, Beck Development, Miscellaneous Inquires, Problems, Comments Ron Holtman, Quartz Circle questioned if the City would be planting trees in front yards. Mayor Jeffery advised that there are no plans at this time. Mr. Holtman also advised that there are a lot of cracks in the sidewalks and questioned whose responsibility this is. City Engineer Thompson advised that this sub-division is still in its one year warranty period. The sub-divider will have to fix these items to the City' s satisfaction before the City will release the bonds at the end of the warranty period. Mr. Holtman questioned if the City was planning to do anything about the looks of the Southern Pacific Railroad area. Mayor Jeffery responded that the property does not belong to the City. There has been a lot of discussion and at this point, there has been no decision made with regard to the future uses of this property. Southern Pacific owns half of the property and Alameda County owns half. Bob Hurdy, Quartz Circle reported that he is concerned about the lack of a culvert on the slope next to his yard. He feels that this winter the runoff will run right back into their yards. City Engineer Thompson indicated that there are ditches along the back of the properties. He advised the homeowners that he would look into this situation. Jim Pennekopf, Quartz Circle stated that the overall picture of the assessment district concerns him. Mayor. Jeffery advised that the assessment district is an agendized item which will be discussed later in the meeting. Mr. Pennekopf questioned what the Council 's position is with regard to the SP light rail. Mayor Jeffery indicated that this issue is, still being studied and the Council has not taken a position at this time. * * * * CONSENT CALENDAR Cm. Snyder requested that the item related to the award of the bid for Dolan Park Improvements ($303, 832. 32) to Valley Crest Landscape, be removed from the consent calendar. Cm. Snyder reported that he has a conflict of interest and due to the fact that only 3 members of the Council are present at this meeting, it should be placed on a future agenda for consideration. On motion of Cm. Moffatt, seconded by Cm. Snyder, and by unanimous vote (Cms. Hegarty and Vonheeder absent) , the Council took the following actions: Approved Minutes of Regular Meeting of July 13, 1987; Adjourned Regular Meeting of July 21, 1987; and Regular Meeting of July 27, 1987; CM-6-256 Regular Meeting August 10, 1987 i Approved City Treasurer' s Investment Report for Period Ending July 31, 1987; Approved Warrant Register in the amount of $824, 467. 62; Authorized the Mayor to execute an amendment to the Architectural Agreement for the Civic Center Project related to dynamic analysis with costs for possible additional work not to exceed $11, 000. * * * * PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Mayor Jeffery opened the public hearing. Staff advised that in 1983, this assessment district was formed to replace the County of Alameda Lighting Service Area. This assessment district finances maintenance of the street lighting within the City. The estimated assessment per single-family home is. under $19. An unidentified member of the audience questioned if this was in addition to the $144 charged to the Beck homeowners. Ezio Moresi voiced his opposition to this assessment district. Mayor Jeffery advised that this assessment district applies to all Dublin homeowners and is for street lights all over the City and that perhaps they were confusing it with the next public hearing. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Moffatt, and by unanimous vote, (Cms . Hegarty and Vonheeder absent) , the Council adopted RESOLUTION NO. 62 - 87 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 83-1 * * * * PUBLIC HEARING LANDSCAPING AND LIGHTING DISTRICT 83-2 (TRACT 4719) Mayor Jeffery opened the public hearing. Staff advised that this assessment district finances landscape, park and open space maintenance within Tract 4719, the Dublin Hills Estates development along Stagecoach Road and Stagecoach Mini-Park. The method of assessment spread was previously revised to add the maintenance of the Dougherty Hills Open Space and the Beck interior roadway slopes per the agreement with the two developers. CM-6-257 Regular Meeting August 10, 1987 The cost of maintenance of the Stagecoach Road landscaping and Stagecoach Park is spread 60% to the Amador Lakes development and 40% to the Beck Development (divided among the 150 single-family lots) . The cost of the Dougherty Hills Open Space lot maintenance will be spread 60% to the Beck development and 40% to the Amador Lakes development. All of the Beck interior and exterior slopes maintenance costs will be spread to the Beck lots. The assessment to the single-family property owners in the Beck development will increase by $49 per lot over the 1986-87 assessment ($133 per lot vs. $84 per lot last year) . The original landscaping of the Stagecoach Road slopes included trees, bushes and hydroseeded wildflowers. Several problems, including failure of the automatic irrigation system, fence post holes drilled through irrigation lines and heavy vandalism of sprinkler risers caused much of the ground cover to die. City Staff and Rafanelli & Nahas proposed that the ground cover be revegetated with more drought-tolerant plants and that Rafanelli & Nahas and the Maintenance Assessment District, through its reserves, split the relandscaping costs. This proposal was approved by the City Council, a contract awarded to Four Seasons Landscape, with the project scheduled for completion by the end of July. Staff advised that this is the third year of a three-year agreement between the City and the Developers with regard to the open space. Cm. Moffatt questioned if this is in the CC&R' s. City Engineer Thompson stated he did not feel that it was in the CC&R' s, but rather in the information packets presented to the homeowners by the developer. Cm. Moffatt questioned if the homeowners were bound at this time by this agreement. Mr. Thompson responded yes. Ezio Moresi expressed concern that the homeowners are being charged for the relandscaping. He questioned if Four Seasons is supposed to maintain it for a year. Mr. Thompson explained that they will maintain it for 3 months and then the City will take over the maintenance. The developer has put in all the new trees and is paying one-half of the relandscaping costs. Mr. Moresi questioned why Tract 4719 was different or if the rest of Dublin had a program whereby neighborhoods are maintained by some agency in Dublin. He questioned what portion of the property taxes come back into the City. Mayor Jeffery explained that this obligation was passed onto them when the people bought their properties. Assistant to the City Manager Paul Rankin explained that the City of Dublin proportionately does not receive a large share of property tax. CM-6-258 Regular Meeting August 10, 1987 Cm. Moffatt explained that this is an assessment district and does not come from property taxes . Mr. Moresi indicated that he is fed up with all taxes. He felt there are other parks in Dublin that are maintained by other tax monies and questioned if there was any way the homeowners could get out of this loop. Mayor Jeffery explained how the City's monies are spent and reminded the residents that they receive a special benefit that other residents do not. have. Cm. Snyder gave a brief history of how this assessment district came to be and advised that instead of an assessment district there could have been an association similar to a homeowners association formed which would put the responsibility for collecting all the money onto this association. For all intent and purpose, it works exactly as a condominium project would work. Jim Penticoff expressed concern that the homeowners have not been given any chance to give input as far as how the money is spent. He questioned what the costs would be next year. Mayor Jeffery stated that although we cannot ascertain next yearls costs, next year's assessment will not include the open space. Jean Purdy indicated she did not understand the $84 vs. $133 price change. Mr. Thompson explained that last year was the first year that maintenance was performed on the area. The budget has been increased so that it can be kept up in a good manner. Ms. Purdy questioned if the open space area is to be a future regional park. She questioned what is going to be done on the slopes . Mayor Jeffery indicated that in the future it will be a park. Mr. Rankin explained that when the park is opened to the public, they will no longer be assessed. Bob Purdy had questions related to other park sites and referred to illustrated drawings on display. Recreation Director Diane Lowart explained that the entire area is designated as a public park. About a year ago, there were public meetings to get public input with regard to what the residents wanted. Ms. Lowart explained the park development master plan, which has been approved by the City Council. Mr. Purdy questioned if the mini-park is being used by all of Dublin then why do they, have to pay for it. Mr. Thompson explained that this is considered a neighborhood park and the immediate surrounding neighborhood would obviously receive the most benefit from it. It is also of a substantially smaller size than other parks. CM-6-259 Regular Meeting August 10, 1987 Mr. Purdy felt that if this is the case, then they should have exclusive rights to the park. If it is a public park, then it should be treated like all other parks in Dublin. Ken Johnson, Agate Way, questioned who is responsible for the maintenance of the strip between Agate Way and Jade Circle. Half of the weeds are in his yard. He also expressed concern that children could be injured in the culvert if the situation is not corrected soon. There is an open drop. He indicated he is a little tired of dealing with Beck. Mr. Thompson explained that the landscaping has not been accepted by the City and will not be until it is in a condition acceptable to the City. Sam Speers indicated that it was his understanding that Beck donated all the land to. the City so why aren't we taking care of it. Mayor Jeffery stated that the City will maintain it beginning next year. Ron Nahas addressed the Council, stating he represented the developer who pays the biggest portion of the money. They want to have the best landscaped street in Dublin. He indicated that they are partially responsible for the maintenance problems which were experienced during the past year. The original contractor went broke. They are currently funding 50% of the relandscaping costs, and these costs do not fall on the homeowners. They are very concerned that quality maintenance does take place. This was a condition on the project right from the very start. He feels the landscaping will be an asset to the neighborhood. He suggested that the Council put whatever pressure is necessary to complete the landscaping. Mr. Nahas responded to' the earlier concern expressed regarding the trees that will block people' s views. He explained that the trees were part of the original design. They are a type of eucalyptus but they do not grow to the reported 60 ' to 80' height. There are some in the Amador Lakes complex and they expect them to get to about 15' to 18' high. He felt that from a field survey, about 4 houses would have their views affected and supported moving the trees. Mayor Jeffery indicated that following discussion of this item, she would call a recess in order that homeowners could provide their particular addresses to Mr. Thompson for investigation. Karen Speers indicated that she is all for having something look nice and asked about making the houses look nice. Why put all the money into one street when the private property along Amador Valley Boulevard looks so awful. Cameron Raether, Turquoise Court asked for clarification insofar as if the homeowners are totally unsatisfied with what the City is doing, can they switch to a homeowners association. City Attorney Nave indicated he could look into this and report back. CM-6-260 Regular Meeting August 10, 1987 .. ,. .,:.r,.:w'..:::.:., ....h.-„ems.rurw::rur.':,.�a,r•.c;,ei:::.x»,r%aW...,.�.xi•:�,:s:.w::,c.:r..:...tc:..u...avrd✓:h.:s.,w,r...urae'e4a::..°1.ur�laay�;::Ws:.crrlaw::«a,.::t:r:w:,wx.:<;t::.< s. Cm. Snyder advised that the City does not relish this responsibility, but rather the Council must do what they feel is best for the entire community. Beautification is something that certainly all the residents can be proud of. Louise Meyers, Agate Way asked if the City doesn't have insurance to cover vandalism. Mr. Rankin responded that this is property coverage and it would be too expensive. The City carries liability insurance with a $25, 000 deductible. Ms. Meyers stated that she was told by Beck that there would be a bridge across the stream. She further stated that she did not feel the plantings that were selected were appropriate. Ernest Telles indicated that he attended last years hearing and questioned what is being done to insure what is being planted will be maintained. Mr. Thompson stated that hopefully the City won't have the same problems as were encountered last year. He felt that it is in good shape at this time. Some of the problems had to be worked out with the sub-divider and that is why it took a year to resolve the situation. Mr. Telles questioned if the money for the fencing of the open space came from the assessment district. He questioned why there are gates in the fence. Mr. Thompson advised that the gates allow maintenance people access and Mr. Rankin advised that the Fire Department also needs access. Mr. Thompson advised that the original idea of the fence was to keep 4 wheel drive vehicles and motorcycles out of the open space. Mr. Telles advised that the fence is not keeping out 4 wheel drive vehicles and motorcyles. Mr. Rankin stated that Staff would investigate this. Dennis Atherton questioned if Beck is still responsible for the slope on Agate Way. There is a fire hazard there. There were children out there today playing with matches. Staff responded that Beck is still responsible, but that plantings will be done in about 4-6 weeks. Mayor Jeffery indicated that the City will see what pressure can be applied, as there will be a meeting with the developer on Friday. Tim Dodson questioned if in 3 months Four Seasons will turn over the maintenance to the City. He questioned if the City currently has staff to assume this responsibility. He felt the City should use some type of a hammer over the developer to complete their work. Mr. Thompson advised that the City is holding a $20, 000 bond. *+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+* CM-6-261 Regular Meeting August 10, 1987 i Mr. Dodson commended the City for its efforts on Amador Valley Boulevard and further stated that if he can get a good looking slope for $134 a year, he will feel he got a good deal. Linda Dodson thanked the City Council for hearing their concerns and thanked Rafanelli & Nahas for the money they had put in. She felt positive that they will have a nice looking neighborhood. Neil Barnes indicated that now that he understands the entire issue, he felt much better than when he came in. He also laughingly suggested including the SP property in the landscaping district. Ken Johnson stated with regard to the open space, he would hope that notices are mailed directly to them when planning for the park is underway. Jill Barnes, Pearl Place, questioned if there is vandalism in the little park, are they responsible for replacement costs. Mr. Rankin explained that all funds are maintained in a separate account. Expenses for maintenance come from the account and expenses cannot exceed the amount budgeted. Steve Loweree, Maintenance Superintendent explained that the budget includes a certain amount for replacement and a portion has been set aside to cover vandalism. An unidentified member of the audience stated they would like to give the park to the City to maintain. Cm. Snyder explained the process of developers being required to pay park development fees. Pam Penticoff questioned if there are other areas in Dublin that are being assessed for parks in their area. She questioned the possibility of putting lights in the park. Mayor Jeffery stated that most parks in Dublin were already built when we became a City. People did pay, however, as a part of the purchase of their homes. It simply wasn't through an assessment district. Mr. Thompson advised that conduit was put in so that lights could be put in in the future if it is desirable. However, the lack of lights should discourage the park area from becoming a hang-out at night. Cm. Snyder expressed concern that an open culvert was mentioned twice at this meeting and advised residents that they share the responsibility to report these types of things. Mayor Jeffery closed the public hearing. Cm. Moffatt suggested that in the future, perhaps neighborhood meetings would be appropriate prior to public hearings. On motion of Cm. Snyder, seconded by Cm. Moffatt, and by unanimous vote, (Cms. Hegarty and Vonheeder absent) , the Council adopted CM-6-262 Regular Meeting August 10, 1987 RESOLUTION NO. 63 - 87 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 83-2 * * * * RECESS A short recess was called. All Councilmembers (Cms. Hegarty and Vonheeder absent) , were present when the meeting reconvened. * * * * PUBLIC HEARING 3-TON WEIGHT LIMIT ON CITY RESIDENTIAL STREETS Mayor Jeffery opened the public hearing. Staff advised that this ordinance would impose a 3-ton weight limit for commercial vehicles on all City streets in residential districts, as defined by the California Vehicle Code. The intent of the ordinance is to prevent excess wear-and-tear on City streets, thus lessening repair costs in the future and to create a safer environment in residential neighborhoods by allowing use only to those commercial vehicles over 3 tons which have a purpose for using the street. This ordinance would allow vehicles using the street as the most feasible route for purposes of pickup or delivery within the residential neighborhood, as well as passenger buses or school buses, garbage collection vehicles and utility company vehicles engaged in repair or installation of public utilities. A recreational vehicle or passenger vehicle used for hire (vanpool vehicle) is not considered a commercial vehicle by CVC definition. No comments were made by members of the public. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Moffatt, and by unanimous vote (Cms. Hegarty and Vonheeder absent) , the Council waived the reading and INTRODUCED an ordinance prohibiting certain commercial vehicles from residential district. * * * * PUBLIC HEARING FIRE SAFE ROOFING REQUIREMENT Mayor Jeffery opened the public hearing. On April 27, 1987, a public hearing was held in connection with the adoption of a Fire Safe Roofing Ordinance. The Council directed Staff to investigate the feasibility of requiring spark arrestors to be installed within a specified time and to review the standards for spark arrestors. This issue was resolved by the adoption of an ordinance requiring that spark arrestors be installed when work exceeding $1, 000 is done or when property is sold. CM-6-263 Regular Meeting August 10, 1987 ' ',.a�.i..,.,..aJ.ws:l.i.''..s:.�.'.....��.�_...an...w:w.r...r.,,<..:...p;..,,..i'.i..+�:S:mr�.l>.td w,.r.G«„L..�A:Er.��.*b.Yi3."w'li.:rYS.s:iai';r.":�a:3'S.L..•',»tt..:e.M'aa;:.�."�iw+itt"=:.c�,�''L`'" '.,se,�.:"1�:".,u..,P;'s.:.dl!c .,f.>.,1.:..,. • I The Fire Safe Roofing Ordinance was introduced on July 27, 1987. This ordinance established three roofing areas within the City. Cm. Moffatt questioned the fee amount. Staff advised that the permit fee will be $20. No comments were made by members of the public. Mayor Jeffery closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Snyder, and by unanimous vote (Cms. . Hegarty and Vonheeder absent) , the Council waived the reading and adopted ORDINANCE NO. 39 - 87 AMENDING ORDINANCE NO. 02-84 ESTABLISHING FIRE HAZARD AREAS AND ESTABLISHING VARIOUS REQUIREMENTS FOR FIRE RETARDANT ROOFS IN THOSE AREAS * * * * HANDICAPPED CODE - RATIFICATION OF BUILDING OFFICIAL DETERMINATION TO GRANT UNREASONABLE HARDSHIP Mayor Jeffery opened the public hearing. Staff advised that Subway Sandwiches and Salads proposes to remodel an existing store to create a sandwich shop at 7160 Regional Street. State Law requires that public accommodations and toilet facilities be made accessible _o the handicapped. Section 2-712 of Title 24 CAC provides that the Building Official may grant an unreasonable hardship where legal or physical constraints will not allow full compliance with Title 24. Section 2-110 (b)- 11D provides that the decision of the Building Official must be ratified through an appeals process. The toilet facilities in this building were built prior to the current regulations and in order to comply, it would be necessary to widen the toilet room from 6' to about 7 ' . This cannot be done because the wall which must be moved is the common wall between the sandwich shop and the adjacent tenant. Mayor Jeffery questioned if bars could be put in so that the handicapped could use the restroom. Mr. Taugher advised that it currently has bars. No comments were made by members of the public. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Moffatt, and by unanimous vote (Cms. Hegarty and Vonheeder absent) , the Council adopted CM-6-264 Regular Meeting August 10, 1987 v.1...,w;).iL:il.t.w..a,-.....,udr ....w w... el...a.r...r.......L. ._..-6.J.J .....a.....:JJ,Td.i.w...:.E1w da.'u'.:tSrii:4..i.at..:.u:tu;.ll.n.✓1Lt4.vG`lf..M1.a✓.n.'a....c..._n'.v.U+el....+...�[..Yoih';4y."li'&L»...w.<n....3Yl..tsu.fztoaF.+^.ueti?rm:}. .......-,J>._n. ...._s ) RESOLUTION NO. 64 - 87 RATIFYING THE DECISION OF THE BUILDING OFFICIAL IN GRANTING AN UNREASONABLE HARDSHIP IN THE APPLICATION OF THE STATE REGULATIONS RELATING TO ACCESS FOR THE PHYSICALLY HANDICAPPED AT 7160 REGIONAL STREET (SUBWAY SANDWICHES AND SALADS) * * * * OTHER BUSINESS DSRSD Services Mr. Rankin advised that the Alameda County Board of Supervisors tomorrow will hear the City' s and DSRSD' s request regarding the transfer of property taxes. Hopefully a resolution will be forthcoming. * * * * Valley Memorial Hospital - Challenge Program Cm. Snyder advised that the City Council has been asked to participate in the Challenge Program on September 13th which will be a part of the Pleasanton Heritage Days celebration festivities. It will be a fun and games type . program conducted to raise funds for the hospital. Cm. Snyder indicated he would get the necessary information to all Councilmembers . * * * * Founding Families Reception - Televised Mayor Jeffery reported that the Mayor' s Reception for Founding Families which was held in July will be televised this week on Tuesday, Wednesday and Thursday evenings at 7 :00 p.m. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9 :18 p.m. * * * * Mayor ATTEST: City Clerk * * * * CM-6-265 Regular Meeting August 10, 1987