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HomeMy WebLinkAboutItem 3.1 Approve 09-12-1983 Minutes (2) REGULAR MEETING - SEPTEMBER 12 , 1983 A regular meeting of the City Council of the City of Dublin was held on Monday, September 12 , 1983 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 35 p.m. by Mayor Snyder ROLL CALL PRESENT: Councilmembers Burton, Hegarty, Jeffery, and Mayor Snyder. Councilmember Moffatt arrived at 7 : 38 p.m. PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, (Cm. Moffatt late) , the Council approved minutes of the Regular Meeting of June 27 , the Adjourned Regular Meeting of June 28 , 1983 , and the Regular Meeting of July 11 , 1983 ; Warrant Register in the amount of $71, 097 . 20 ; and authorized Mayor to execute addendum to service agreements and insurance agreement with Alameda County. PROCLAMATION - ST. MORITZ ICE SKATING CLUB Mayor Snyder read proclamation related to the St. Moritz Ice Skating Club ' s third annual skating competition being held September 23-25 , 1983 in Dublin. The proclamation was presented to 2 young local skaters who would be competing. TRAFFIC SIGNAL REQUESTS VILLAGE PARKWAY @ TAMARACK AND @ BRIGHTON Mr . Steven Burns addressed the Council and requested that traffic signals replace the current arterial stop signs at the intersections of Village Parkway and Tamarack Drive and Village Parkway and Brighton Drive . Mr . Burns was concerned about the number of children in the 6 to 10 year old age group that must now cross these intersections due to the recent consolidation of schools . Traffic has become unbearable, and Mr. Burns felt that stop signs are no longer effective . Cm. Jeffery thought recent studies had been conducted by the County for Murray School District. CM-2-150 September 12 , 1983 After discussion, Staff was directed to check with the County to determine if any traffic studies have been done with respect to signalizing these intersections and if not, request Chris Kinzel to look at the need for signals at both intersections . PUBLIC HEARING PET MEDICAL SERVICE APPEAL On August 15, 1983 , the Planning Commission reviewed an application submitted by Pet Medical Service to conduct a series of 4 low cost pet vaccination clinics in the Payless Drug Store parking lot. Their request was for a conditional use permit. The Planning Commission at that time voted on a motion to approve the application, but that motion failed on a 2-3 vote. The application was denied because the application failed to receive a. favorable recommendation from the Planning Commission. The issues that were raised at the Planning Commission meeting regarding this application were : 1 ) the frequency of the clinics and 2 ) the need to support local businesses . In terms of the frequency of the clinics, the applicant proposes 4 clinics between September 1983 and March 1984 - The Planning Commission expressed concern that this was too many clinics in such a short timeframe . The second concern regarding supporting local businesses . A representative of a local veterinarian commented that local veterinarian support local schools , businesses and community activities and that they are subject to local taxes and restrictions . He, at that time, suggested that the applicant be subject to either higher taxes or higher fees . The Planning Commission indicated that they were concerned about supporting local businesses and took that into consideration in their deliberations . Staff recommended that the City Council approve the appeal and approve the application subject to the drafted conditions of approval . Staff felt that the low cost clinics would encourage individuals in the community to vaccinate their pets and thereby reduce the potential for rabies . Staff further felt that the frequency of the clinics seemed to be reasonable and that the clinics would not conflict with supporting local businesses . Mayor Snyder opened the public hearing. David McClun from Pet Medical Service addressed the Council and stated he felt the service they are offering was explained well by Mr. Tong. Mr. McClun requested that, if the application is approved, the Planning Staff and applicant would agree on the dates of the clinic . The Council indicated that it concurred. Dr . Evans from the Parkway Veterinarian Clinic expressed feeling that this was unfair support for the price of a conditional use permit. They pay $25, conduct their business , then leave . Dr. Evans objected to this as he supports this town, he supports employees in this town, and supports the community. He supports an emergency clinic to offer after hours emergency care, and also if there are problems with reactions to a vaccination on the part of an animal, after Dr . McClun has left town. CM-2-151 Regular Meeting September 12 , 1983 Cm. Hegarty questioned the frequency of the proposed clinics . The fee schedule was discussed. Cm. Burton questioned the possiblity of coordinating the clinics and licensing. The Council asked that Staff contact the County to determine whether or not the County would provide a licensing table or mail-in license forms in the City at such clinics, and whether or not the County could provide a handout at the clinics which would at least give pet owners information with respect to the cost of a license and how and where to obtain animal licenses . Dr. McClun was requested to provide the City with statistics related to the place of residence of those people utilizing this service . On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 45-83 APPROVING APPEAL OF THE PLANNING COMMISSION DECISION AND APPROVING PA 83-037 - PET MEDICAL SERVICE CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE CONDUCT OF 4 LOW COST PET VACCINATION CLINICS PUBLIC HEARING HERITAGE COMMONS APPEAL Mr . Dennis Neeley of Neeley/Lofrano, Inc . , requested a determination of whether a proposed modification to the Heritage Commons Planned Development is minor or not . Mr. Neeley, representing the property owners, Heritage Common Joint Venture, requested a finding that the proposed modification be considered minor. Heritage Commons was approved as a Planned Development, 1497th Zoning Unit, by Alameda County in November, 1981 . . The project involved a total of 309 condominium units on a 22 acre site, south of Amador Valley Boulevard at Stagecoach Road. The overall approved mix of 309 units was : No. ( o ) Units Size in sq. ft. 8 ( 3 ) Studio 440. 7 ( 2 ) 1 Bedroom 858 247 ( 80 ) 2 Bedroom 850-1400 47 ( 15 ) 3 Bedroom 1400-1590 General Provision 2 of the Planned Development authorized construction in phases with prior approval of the Planning Director. Phase I of Heritage Commons was approved in the fall of 1982 , with the following mix of 79 units : CM-2-152 Regular Meeting September 12, 1983 No. M Units Size in sq. ft . 2 ( 3 ) Studio 440 43 ( 54 ) 2 Bedroom 850-1400 34 ( 43 ) 3 Bedroom 1400-1590 The proposed modification to Phase I would include the following mix of 73 units : No. M Units Size in sq. ft. 3 (4 ) Studio 340 40 ( 55) 1 Bedroom 606 30 ( 41) 2 Bedroom 1011 Section 8-31. 18 of the Zoning Ordinance provides that if the Planning Commission determines a structure, facility, or land use does not materially change the Planned Development, the structure, facility, or land use, it may be permitted, subject to securing a Conditional Use Permit. The Zoning Ordinance further provides that if the Planning Commission determines that the structure, facility, or land use does materially change the Planned Development, a new Planned Development must be processed. On August 15, 1983 , the Planning Commission reviewed the application and determined that the modification would not materially change the Planned Development. Cm. Hegarty appealed the Planning Commission decision. On September '1, 1983 , the applicant submitted a revised set of plans also containing 73 units . The revised set also maintained the 41% 2 bedroom units , 550 1 bedroom units, with a significant upgrading in the size of the units, much more in line with the original approval . Staff identified 3 issues in relation to this application: 1) Mixture of Units ; 2 ) Parking and Roadway Alignment Arrangement ; 3 ) Building Layout and Architectural Design. The approved plans consisted primarily of 2 and 3 bedroom units which would accommodate family households of 3 and 4 persons, including children. The revised plans consist of basically a 1 and 2 bedroom project, designed for couples without children or for singles sharing housing, according to the applicant. The change in mix and change in unit type, Staff feels, is significant. Cm. Burton questioned what would happen to the applicant' s sewer permits if he is forced to start over again with a new permit. Mayor Snyder opened the public hearing. Mr . David Bowie, Attorney for the Developer gave a brief overview of the reasons for the change in make up of units . Mr . Bowie explained that the change in the make up of the units was due to the fact that they felt a need to respond to market conditions and the need for affordable housing. Their marketing consultant has looked at the demand for housing in this area, and also looked at the need for affordable housing which new residents can CM-2-153 Regular Meeting September 12, 1983 acquire and enjoy living in, without being overly burdened. What they attempted to do with these changes is to respond to that market need. Mr . Bowie urged the City Council to support their Planning Commission ' s decision, and stated he was bothered by the advocate position taken by Staff. Mr. Chuck Cole who runs a consulting firm in San Francisco explained that his firm did a market study for this area after reviewing the initial market study. Mr . Cole explained how his firm arrived at the recommended modifi- cations and changes in configuration of the proposed project. Mr. Cole briefly discussed the loan rates which would allow. for a 5% down payment and 95% loan @ 9 . 78% interest. Mayor Snyder questioned the requirements for a 9 . 78% loan. Mr. Bob Johnson explained that they are eliminated from the requirement of first time home buyer which is a very big plus . Mr. Dennis Neeley put the project in a chronological order for the Council and briefly discussed the background and reasons for requested changes . They had started construction, the bond money was in hand, and then a new market study was done which indicated things that had been predicted by earlier market study had not happened, but rather different requirements surfaced. Mr . Neeley indicated 100% . of the units in Phase I could be covered under the bond program, although they have not yet made the decision as to whether some of the bond money should be sold off . Mr. Steven Burns , a Dublin resident questioned the impact of this project on schools and whether or not a study had been done . Cm. Burton felt the intention of the builder/developer was to provide modest and affordable housing and further that causing this development to be halted would create many legal problems . He felt that, all things considered, it would be an insignificant change. Cm. Hegarty felt that changes were indeed major. On a planned development, the time for changes is when they are going . through the process of approval . The idea of a planned development is that after approval has been given, if they want to change a tree, they must come in and ask for it - they cannot make one change in the approved document. If the requested changes are significant, it must go back and be studied. A motion was made by Cm. Hegarty and seconded by Cm. Jeffery that the proposed modification of the 1497th Zoning Unit Planned Development Phase I by the addition of 40 one bedroom units, the deletion of 34 three bedroom units and the deletion of covered two car garages would have a significant effect on the social and demographic makeup of the City population and the public safety. Said proposed modification is therefore material . The motion was passed due to a majority vote . Voting no on the motion was Cm. Burton. CM-2-154 Regular Meeting September 12, 1983 RESOLUTION NO. 46-83 DETERMINING THAT PA 83-045 - HERITAGE COMMONS WOULD BE A MATERIAL CH21NGE OF THE 1497th ZONING UNIT PLANNED DEVELOPMENT RECESS A short recess was called. The meeting reconvened at 10 : 20 p.m. with all Councilmembers present. CURFEW & NOISE ORDINANCE At its meeting of June 27 , 1983 , the City Council agreed that Staff should arrange for public meetings for consideration and discussion of a curfew ordinance and a noise ordinance. These meetings were to be well publicized for the community at large to provide the Council with input on these issues . Also, at the City Council meeting of April 11, 1983 , Elmer and Diane Hanus, 7701 Bonniewood Court requested City Council consideration of a juvenile curfew law in Dublin. Staff recommended that the City Council receive public testimony and, consider the desirability of implementing a curfew and noise ordinance respectively .in the City of Dublin. The City Attorney prepared a memorandum which included a curfew ordinance from the City of Sacramento which has been upheld in court; and noise ordinance from the City of Morage which has not been challenged as of this date . Chief Shores indicated these ordinances would be useful tools for the police in controlling loud parties and loitering by juveniles . He has discussed both ordinances with the County District Attorney' s .Office . The District Attorney ' s office has indicated that both ordinances would be easier tok prosecute . Under the current Disburbing the Peace Sections of the Penal Code, the police and the District Attorney' s office would have to prove than an individual was maliciously and willfully disturbing the peace of his neighbors, which is difficult to prove. The Moraga ordinance sets forth a standard of reasonableness which is easier to prosecute. Cm. Burton felt the 10 : 00 p.m. curfew hour on weekends was unrealistic . He felt uncomfortable with the fact that more public input was not obtained. Cm. Jeffery felt noise ordinance was unfair to those people who work nights , plus she didn ' t feel the Council was in a pos .tion to legislate good parenting. Mr . Bacar, Davona Drive, felt the curfew ordinance was a good idea. Mr . Leroy Werner felt the curfew law would definitely be a good tool for use by the police department and felt the noise law was also important. CM-2-155 Regular Meeting September 12, 1983 On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, Staff was directed to draft a curf(�w ordinance using the Sacramento ord nance as a sample . On motion of Cm. Moffatt, seconded bit Cm. Hegarty, and by majority vote, Staff was directed to draft a noise ordinance similar to the Moraga ordinance . Voting no on this motion was Cm. Jeffery. A suggestion was made that this be presented at the October 10 , 1983 meeting, and that it be scheduled Early on the agenda. ADDITIONAL LIBRARY SERVICES CONTRACT At its meetings of April 11, 1983 and June 28 , 1983 , the Dublin City Council approved the concept of funding additional hours on Monday mornings/after- noons at the Dublin Library. The City Council allocated $29 , 600 in its 1983-84 Fiscal Year Budget for the additional hours . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 53-83 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES and authorized the Mayor to execute the agreement. Eleanor Tandowsky, Dublin Librarian addressed the Council and stated she felt the. City of Dublin, even though it is very young, has a fastastic track record for listening to the concerns of the community and for responding to those concerns . This funding for an extra day of service is a wonderful example of this responsiveness . She thanked publicly every member of the Council and the City Staff who worked so hard and cooperated and offered this opportunity to increase the service to the public . ENCROACHMENT REQUEST - BANNER OVER DUBLIN BOULEVARD The Children' s Theater Workshop, a non-profit organization, will be holding. plays within the City of Dublin four times within this fiscal year. The Workshop has requested the City ' s authorization to hang a banner advertising each performance for a two-week period preceeding eacr, performance. Inasmuch as the banner would need to be attached to both a PG&E pole and a Pacific Telephone pole, this request was referred to the Dublin Underground iiti.lity Committee . CM-2-156 Regular Meeting September 12 , 1983 PG&E has offered to donate two metal poles to the City of Dublin within the next few months to be used as permanent banner standards . The installation of such poles would enable the City to accommodate groups advertising events of interest to the entire community. On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the Council 1) approved installation of permanent poles for banner erection on the east side of San Ramon Road between Dublin Boulevard and Amador Valley Boulevard; 2 ) authorized installation of an advertising banner by Children ' s Theatre Workshop subject to installation of banner poles, waive encroachment permit fees , inspection fees and bonds, subject to a certificate of insurance covering the City against damage caused by reason of the sign being placed over the roadway. Cm. Jeffery felt a policy should be established whereby it can' t be used for political purposes, but rather be limited to non-profit public service type organizations . The Consensus of the Council was that Staff prepare policy related to the use of these banner poles with the understanding that waiver of fee requests would be decided by the Council. OTHER BUSINESS City Hall Facility Committee Cm. Moffatt questioned when the City Hall Facility Committee would be meeting . Mr. Ambrose advised that he will be scheduling a meeting in the near future . Old St. Raymond' s Church Restoration Cm. Moffatt expressed convern over the condition of the old St. Raymond' s Church on Donlon Way. It appears to be in very bad shape . The Council suggested the City write a letter to the Historical Society suggesting that restoration work be done. Cm. Moffatt stated the Historical Society has money that could be used to repair this facility. Mayor Snyder advised that the Building Inspector has been asked to take a look at this facility and he will also ask Fire Chief Phillips to take a look at it from a fire hazard standpoint. Kolb Park Cleanup Cm. Moffatt indicated he had received a call from Terry Walder asking that anyone interested in helping to cleanup Kolb Park be advised that there will be a volunteer group of citizens out on September 17th. CM-2-157 Regular Meeting September 12 , 1983 AB8 Deflator Cm. Jeffery reported that it looks like the AB8 deflator has been permanently put away, or rather a 1 year suspension. She felt it appears that games are being played. Several pending bills were discussed. A general revenue sharing bill HR2780 was discussed. SB1426 adds a formula for distribution of general revenue sharing, which would be a problem for Dublin. Cm. Jeffery suggested writing a letter of opposition to this Senate Bill . Public Input Cm. Burton made suggestion that items requiring public input be scheduled early in meeting. Weeds Cm. Burton advised he had received a call from a Mrs . Roth related to weeds on Amador Valley Boulevard. Mr. Ambrose indicated our street sweeping contractor had hired a group of local people to clean up all the medians and this particular area, although not in a median, will be reported to him for cleanup. Dublin Boulevard/Silvergate Drive Modifications Cm. Burton indicated he had received several calls regarding the new alignment of the intersection of Dublin Boulevard and Silvergate Drive. People wanted to know what was going on. People are required to make almost a 90 degree turn before continuing up the hill. Plus, more of the bumps for the bike lane need to be removed. The City Manager indicated the crew is not yet finished with the project, but that he would investigate. Letter to the Editor from Gail Shaheen Mayor Snyder indicated a response should be sent to Ms . Shaheen, a Dublin resident, with regard to several points she brought up in a letter (weeds, landscaping and zoning law prohibiting vehicle restoration on the streets of our residential neighborhoods ) that appeared in a recent 'Letters To The Editor' . Mr . Ambrose indicated he would respond to those issues addressed. CM-2-158 Regular Meeting September 12, 1983 Joint Meeting with Parks & Recreation Advisory Committee Mr . Ambrose reminded the Council of the September 21st meeting with the P&R Advisory Committee . The meeting has been scheduled in the new Board of Director ' s Room of Murray School District on Brighton Drive, and will be at 7 : 30 p.m. RECESS TO EXECUTIVE SESSION At 12 :10 a.m. , the Council recessed to closed session. ADJOURNMENT There being no further business to come before the Council, at 12 : 35 a.m. the meeting was adjourned. Mayor ATTEST: City Clerk CM-2-159 Regular Meeting September 12, 1983