HomeMy WebLinkAboutItem 3.1 Approve 10-08-1984 Minutes (2) REGULAR MEETING - October 8 , 1984
A regular meeting of the City Council of the City of Dublin was held on
Monday, October 8 , 1984 in the meeting room of the Dublin Library. The
meeting was called to order at 7 : 30 p.m. by Mayor Peter Snyder .
ROLL CALL
PRESENT: Councilmembers Hegarty, Moffatt , Vonheeder and Mayor Snyder .
ABSENT : Councilmember Jeffery
PLEDGE OF ALLEGIANCE
The Mayor led the Council , Staff and those present in the pledge of alleg-
iance to the flag .
CONSENT CALENDAR
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote ( Cm.
Jeffery absent) , the following were approved: Minutes of Regular Meeting of
September 10 , 1984 (with correction as noted on Page 204 ) ; Warrant Register
in the amount of $433 , 115 . 56 ; Adopted
RESOLUTION NO. 110 - 84
APPROVING PROGRAM SUPPLEMENT NO. 1 TO LOCAL AGENCY - STATE
AGREEMENT NO. 04-5432 FOR FEDERAL AID PROJECTS AND
AUTHORIZING THE EXECUTION OF SAID AGREEMENT
Adopted
RESOLUTION NO. 111 - 84
RELATIVE TO CALIFORNIA TRAFFIC SAFETY WEEK
Adopted
RESOLUTION NO. 112 - 84
FOR THE ACCEPTANCE OF IMPROVEMENTS
TRACT 4077
and authorized execution and substitution of performance bond in the amount
of $117 ,500 in connection with the guarantee of work performed in Tract 4077 ;
Adopted b
RESOLUTION NO. 113 - 84
ES`T'ABLISHING A PETTY CASH FUND
FOR RECREATION DEPARTMENT
CM-3-215
October 8, 1984
'I
NEW RESIDENTIAL GARBAGE PICKUP SERVICE
ORAL PRESENTATION BY RICHARD FAHEY, DSRSD
Richard Fahey, representing the Dublin San Ramon Services District , presented
the District ' s new "Bag It" program to the Council . Mr . Fahey explained that
specially prepared bags could be purchased for $1 . 00 each in bundles of five.
These bags can be put out with a residential customer ' s garbage and they will
be picked up at no additional cost to the customer , at the time of their
regular garbage pickup. A person may place any number of bags out for
collection as often as they desire. Anything can be placed in the bag that
can be placed in a garbage can .
Mr . Fahey presented one bag to each of the Councilmembers .
PARADE PERMIT
WAIVER OF FEE REQUEST
Wayne Sorenson, representing Dublin High School addressed the Council and
informed them of Dublin High School Homecoming Festivities that would be
going on during the week of October 15-19 , 1984 . The festivities include a
parade., and Mr . Sorenson requested a waiver of the parade permit fee .
On motion of Cm. Moffatt , seconded by Cm. Vonheeder , and by unanimous vote
( Cm. Jeffery absent ) , the Council agreed to waive the parade permit fee.
Cm. Hegarty suggested that Staff identify those fees which are typically
applied for by non-profit groups and revise the fee schedules to reflect an
exemption for these non-profit groups , in order that each request does not
have to come before the City Council .
SCHOOL CROSSING GUARDS
Judy Olson, 7934 Diana Lane, addressed the Council with a request that the
City fund a crossing guard at the corner of Davona Drive and Lucania Street.
Ms . Olson stated that apparently this guard was eliminated this year by
Murray School District because of a $2 ,500 budget .cut. . . .
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote ( Cm.
Jeffery absent ) , the Council directed Staff to contact the School District
and get some cost figures in an effort to try to resolve this situation.
PUBLIC HEARING
NEWSPAPER RECYCLING BINS - ORDINANCE AMENDMENT
On September 10 , 1984 , the City Council adopted a resolution approving the
Zoning Ordinance Amendment regarding Newspaper Recycling Bins and introduced
the Zoning Ordinance Amendment .
CM-3-216
Regular Meeting October 8, 1984
The intent of the amendment is to allow non-profit community groups to apply
for an Administrative Conditional Use Permit (ACUP ) for one newspaper
recycling bin. A Conditional Use Permit ( CUP) would continue to be required
for other types of recycling bins , multiple bins , or bins not operated by a
non-profit community group.
Mayor Snyder opened the public hearing .
No public comments were made .
Mayor Snyder closed the public hearing .
Discussion was held with relation to whether or not .the non-profit group
should be based in Dublin or in the general Tri-Valley area .
On motion of Cm. Moffatt , seconded by Cm. Hegarty;_ and by unanimous vote (Cm. .
Jeffery absent ) , the Council agreed to change the wording in the ordinance to
read "Dublin based" groups . The ordinance would then be presented for
adoption at the City Council meeting of October 22 , 1984 .
PUBLIC HEARING
ARTS & CRAFTS FAIRS - ZONING ORDINANCE AMENDMENT,:.
On September 10 , ., 1984 , the City Council reviewed the proposed Zoning
Ordinance Amendment regarding Arts & Crafts Fairs .
The intent of the amendment is to allow non-profit community groups to hold
one day Arts & Crafts Fairs with an Administrative Conditional Use Permit
(ACUP ) and two, three or four day Arts and Crafts Fairs with a Conditional
Use Permit ( CUP ) .
Section 3 of the Revised Draft Ordinance clarifies that the Planning
Commission will act on the applications for multiple day Arts & Crafts Fairs .
Mayor Snyder opened the public hearing .
Steve Heath, H & W• Stationers, and president of the merchant ' s association,
addressed the Council with a request that an Administrative Conditional Use
Permit be granted for a minimum of two day fairs rather than one day only.
Mr . Heath stated that because of all the necessary paperwork , it is very
difficult to put one of these fairs together .
Mayor Snyder closed the public hearing .
On motion of Cm. Hegarty, seconded by Cm. Vonheeder , and by unanimous vote
( Cm. Jeffery absent ) , the Council adopted
CM-3-217
Regular Meeting October 8, 1984
RESOLUTION NO. 114 - 84
APPROVING OF PA84-043
ZONING ORDINANCE AMENDMENT REGARDING ARTS & CRAFTS FAIRS
and waived the reading and introduced and ordinance amending the zoning
ordinance regarding arts & crafts fairs .
ABATEMENT OF ZONING VIOLATION
. 7650 CANTERBURY COURT `' :' _...-.._._. _._.._ _._........_.. . _
On September 14 , 1983 it was noted that construction' work was being done on
the building at 7650 Canterbury Court without a permit. Subsequently the
applicant applied for a variance to permit a reduction .of- the .rear yard so as ,
to allow the addition to the rear of the building :to"remain:-' `The variance
request was denied by the Planning Commission and the City Council .
On August 24 , 1984 Mr . McCartney was requested to secure a permit to revise
the room or to remove it . As of this date, nothing has been done.
Mr . Lawrence McCartney, property owner , addressed the Council and stated he
was out of the Country and never received any of the mail related to the
violations . Mr . McCartney stated his contractor had been arrested .on a drunk
driving charge, and had basically abandoned the project, leaving him out
several thousand dollars .
Staff produced several receipts signed by Mrs . McCartney, and the City
Attorney explained that because California is a community property state,
Mrs . McCartney could sign for the various notices , letters, etc.
Mr . Sanchez , one of Mr . McCartney' s neighbors addressed the Council and
stated the illegal building had been on the back of the property for 20 years
and he did not understand why all of a sudden it was illegal .
Cm. Moffatt felt the property owner has recourse with the contractor rather
than the City, because of the contractor 's failure to obtain a building
permit for the room.
The City Attorney explained to Mr . McCartney several possible avenues which
he might want to pursue . A lot line adjustment could possibly bring this
addition into conformance, if there was adequate room and Mr . McCartney' s
neighbor concurred. Because of the relatively short time since Mr . McCartney
purchased the property, he could possibly have some recourse against the real
estate company who sold him the property. The City Attorney advised Mr .
McCartney that he should seek legal c.ounsel in the matter .
Following discussion, on motion of Cm. Hegarty, seconded by Cm. Vonheeder ,
and by unanimous vote ( Cm. Jeffery absent ) , the Council agreed to continue
the abatement proceedings until November 26 , 1984 in order to allow Mr .
McCartney sufficient time to pursue possible remedies to the situation.
CM-3-218
Regular Meeting October 8, 1984
ABATEMENT OF BUILDING AND ZONING VIOLATIONS
7360 SAN RAMON ROAD
This property is located at the end of Amador Valley Boulevard on the west
side of San Ramon Road. A long history of building and zoning violations
were discussed related to this property.
Cm. Moffatt indicated he had spoken with Mr . Nichandros, owner of the
property, prior to his leaving for Greece. Mr . Nichandros told him he was
going to take care of the problems when Mr . Jeha made the improvements .to the
adjacent property.
Discussion was held relative to all the warnings;'- promises, -and continued .
illegal activities on the site . If the City Attorney proceeded with
abatement action, Mr . Nichandros could have input "Cin...the :future .- - It was
stated that the violations had occurred for several `yearsi' ,and Mr . Nichandros
had certainly had ample opportunities to correct the situation, but instead
of correcting, had created further violations .
Cm. Moffatt made a motion which was seconded by Cm. Hegarty to continue the
discussion until November 26 , 1984 and Mr . Nichandros returns from Greece to
appear before the Council . The motion was defeated due to NO votes cast by
Cm. Vonheeder and Mayor Snyder .
On motion of Cm. Vonheeder , seconded by Cm. .Hegarty,. and by unanimous vote
( Cm. Jeffery absent ) , the Council directed the City Attorney to commence
action to abate the zoning violations under Ordinance No. 09-84 and to abate
the building violations under Section 11 . 6 of Ordinance No. .02-84 .
RECESS
A short recess was called. All Councilmembers were present (Cm. Jeffery
absent ) when the meeting reconvened .
REGIONAL FIRE PROTECTION STUDY
The City has received a letter from the City of San Ramon inquiring as to
whether the City of Dublin would be interested in participating in a study
of regional fire services . The issue of studying regional fire services
came about as a result of a concern expressed by the San Ramon City Council
regarding the provision of fire service to San Ramon residents by more than
one agency. This concern was supported in the City of San Ramon ' s Sphere of
Influence Study prepared by Angus McDonald & Associates .
Paul Ryan, General Manager of the Dublin San Ramon Services District
addressed the Council , stating he was encouraging all the various agencies to
join together to provide a broad base for this study.
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Regular Meeting October 8 , 1984
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote ( Cm.
Jeffery absent ) , the Council directed Staff to notify the City of San Ramon
as well as the other potential participants of the City of Dublin ' s interest
in participating in the study and authorized the City Manager to participate
in the preliminary discussions with the other agencies .
REVENUE SHARING HANDICAP REGULATIONS
The City of Dublin currently receives Revenue Sharing funds from the Federal
Government . In 1984-85 it is estimated that these .funds will total
$207 ,400 . A ruling by the Office of Revenue Sharing subsequent to a lawsuit
requires entities receiving Revenue Sharing funds to implement Section 504
of the Rehabilitation Act of 1983 . This regulation requires that .the City
evaluate its programs and activities to determine that the *City does 'not -..-.
discriminate on the basis of handicap status . Staff has conducted an
evaluation and initiated non structural policy changes to provide notice of
the City ' s procedures . A specific requirement also states that the City must
establish a grievance procedure to address complaints related to this
regulation: The procedure developed allows for due process of any complaints
of this nature.
Cm. Moffatt questioned who would evaluate this type of a program. City
Manager Ambrose explained that Staff would prepare the self-evaluation.
On motion of Cm. Moffatt, seconded by Cm. Vonheeder , and by unanimous vote
( Cm. Jeffery absent ) , the Council adopted
RESOLUTION NO. 115 - 84
ADOPTING THE CITY OF DUBLIN
REVENUE SHARING SECTION 504 SELF-EVALUATION
AND ASSOCIATED DOCUMENTS
SALE OF SURPLUS PROPERTY TO BARRATT SAN JOSE
On July 23 , 1984 the City Council adopted a resolution establishing 0 . 9+
acres of land along San Ramon Road as surplus land and directing Staff to
notify appropriate agencies of the City ' s offer to sell the property.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote ( Cm.
Jeffery absent ) , the Council adopted
RESOLUTION NO. 116 - 84
STATING INTENTION TO SELL CITY PROPERTY
AND SETTING HEARING
(October 22 , 1984 )
CM-3-220
Regular Meeting October 8, 1984
CONTRACT 84-6
SAN RAMON ROAD IMPROVEMENTS PHASE I
AND SILVERGATE DRIVE MEDIAN MODIFICATION
At its meeting of August 13 , 1984 , the City Council authorized Staff to
advertise for bids for Contract 84-6 , San Ramon Road Improvements Phase I
and Silvergate Drive Median Modification .
San Ramon Road Improvements Phase I was to provide one additional traffic
lane for motorists traveling northbound on San Ramon Road through the
intersection of Amador Valley Boulevard. This projecto.required pavement
widening, restriping and the relocation of signal �:equipment at :_the northeast
corner of the intersection.
The Silvergate Drive/Silvertree Lane Median Break .- project was to provide for
the modification of the existing raised median on --Silvergate Drive .to permit
direct access to Silvertree Lane from Silvergate Drive.
The City received one bid for this project in the amount of $167 ,090 from
McNamara Construction, Inc. This bid did not include .the _proper addendum
and the clearing and grubbing bid item was overloaded with a bid amount of
$57 ,000 .
On motion of Cm. Moffatt, seconded by Cm. Hegarty, -and .by unanimous vote
(Cin. Jeffery absent) , the Council authorized that this bid be rejected and
that the project be split into two parts as follows : 1) The San Ramon Road
Phase I work would be done with San Ramon Road Phase II ; 2 ) The Silvergate
Drive work would be done with the annual sidewalk repair and handicap ramps .
STREET SWEEPING & LITTER PICK-UP AGREEMENT
At the City Council meeting on August 27 , 1984 , the City Council authorized
Staff to seek formal bids for the provision of street sweeping and litter
pick-up -services .
Notices inviting sealed bids were mailed to eight (8 ) contractors . On
September 26 , 1984 the City received a total of three (3 ) bids . MARC
Sweeping Service was the low bidder . MARC Sweeping Service is currently
providing these services to the City of Dublin.
Cm. Moffatt stated he felt that MARC Sweeping Service had done an excellent
job . Cm. Hegarty felt the job done by MARC Sweeping Service was not quite
excellent and there was always room for improvement .
On motion of Cm. Moffatt , seconded by Cm. Hegarty, and by unanimous vote
( Cm. Jeffery absent ) , the Council awarded the contract to MARC Sweeping
Service, and authorized the Mayor to execute the agreement .
CM-3-221
Regular Meeting October 8, 1984
VILLAGE PARKWAY WALL BID RESULTS
At its meeting of August 13 , 1984 , the City Council authorized Staff to
advertise for bids for Contract 84-7 , Village Parkway Wall .
Only one bid was received and it was well over the Engineer ' s Estimate . At
its meeting of September 10 , 1984 , the City Council rejected this bid and
authorized Staff to rebid the project . Staff made some changes to reduce
the cost of the rebid project and contacted additional prospective bidders .
The changes were as follows :
1 ) Reduce wall height to 6 ' 0" ' • .;;E ,,Y:�':.. _., . ,
2 ) Reduce bar sizes
3 ) Free concrete disposal location added = . .
4 ) Tree trimming by City forces
As of August 21 , 1984 , Staff had obtained all 72 Easement Agreements which
are necessary for this project . The easements have been recorded with the
Alameda County Recorder .
The second bid opening for this project was Friday, -October 5 , 1984 .
One bid was received from Sierra Precast/Printex joint venture for $250 ,258 .
On motion of Cm. Hegarty, seconded by Cm. Moffatt,' . and by unanimous vote
( Cm. Jeffery absent ) , the Council accepted the bid and approved an
additional appropriation in the amount of $70 ,258 from the General Fund
Street Improvement Reserve in order to fund this project . .
AWARD OF BID - CONTRACT 84-8 -
REHABILITATION OF MAJOR ARTERIALS
At its meeting of August 27 , 1984 , the City Council authorized Staff to
advertise for bids for Contract 84-8 , Rehabilitation of Major Arterials -
Dublin Boulevard, Amador Valley Boulevard and Village -Parkway.
The City received a total of 3 bids for this project . The low bidder was
Gallagher and Burke, Inc. , with a bid of $487 ,116 . . - The low bid is
approximately 7% over the approved City construction budget of $455 ,000 . The
State has approved a total budget for this project of up to $540 , 000 , subject
to local priority funding . Federal funding, as approved by the State, will
pay for 86% of the construction cost of this project as long as the total
construction cost is not more than $540 ,000 .
On motion of Cm. Moffatt , seconded by Cm. Vonheeder , and by majority vote
( Cm. Jeffery absent ) , the Council awarded bid to Gallagher and Burk , Inc. ,
authorized the Mayor to execute the agreement and authorized additional
appropriation in the amount of $32 , 116 . Mayor Snyder abstained from the
vote, due to a possible conflict .
CM-3-222
Regular Meeting October 8, 1984
APPOINTMENT OF INTERIM RECREATION DIRECTOR
On Sunday, October 7 , 1984 the Park & Recreation commission met with two
candidates for Interim Recreation Director . Subsequent to that interview
process, the City Manager met with the Commission to discuss the results of
their interviews .
The City Manager recommended that the City retain the services of Janette
Howell to serve in the capacity of Interim Recreation Director .
Cm. Moffatt questioned if the Park & Recreation Commission concurred with
City Manager Ambrose ' s selection . Mr . Ambrose stated :they .were .in agreement . . ..
On motion of Cm. Hegarty, seconded by Cm. Vonheeder ;,":(Cm.':Jeffery absent) , and
by unanimous vote, the Council adopted
RESOLUTION NO. 117 - 84
.CONFIRMING APPOINTMENT OF JANETTE HOWELL
AS INTERIM RECREATION DIRECTOR FOR THE CITY OF DUBLIN
DOUGHERTY ROAD STORM DRAIN IMPROVEMENTS - CONTRACT 84-3
In July, 1984 , the City Council awarded Contract 84-3 to Plowman and Sons,
Inc. , for Dougherty Road Storm Drain Improvements . The major items of work
were construction of a storm drain along the frontage of Arroyo Vista from
the Southern Pacific Railroad right-of-way on the south, to the .northern
property limit of the subdivision near Ventura Drive.
The Contractor has completed the improvements in accordance with the approved
plans, specifications and modifications .
On motion of Cm. Hegarty, seconded by Cm. Moffatt; and by unanimous vote (Cm.
Jeffery absent) , the Council accepted the improvements under Contract 84-3
and authorized the final payment to Plowman and Sons, Inc. of $43 ,315 .35 .
VECTOR CONTROL SERVICES AGREEMENT
At the regular City Council meeting on August 13 , -1984 the City Council
received a report relating to the provision of Vector Control Services .
Effective July 1, 1984 , the Alameda County Vector Control Staff and its
entire budget were transferred to the newly created Vector Control District .
Therefore, the County has requested that the City provide the services or
make an attempt to have the services provided on a contractual basis . Since
that time, the City Staff has received calls related to vector-related
situations and Staff has attempted to deal with them in an appropriate
manner . However , the size and lack of expertise of the City Staff limits
the City ' s ability to respond to resident ' s needs in this area . At the City
Council meeting on August 13 , 1984 , Staff was directed to investigate other
alternatives which may be available to the City.
CM-3-223
Regular Meeting October 8, 1984
Staff presented the alternatives available.
The scope of services provided by vector control includes areas beyond
complaints regarding rodent problems . Vector control also includes related
nuisances such as complaints related to trash piles, etc. It is important _
to have an agency which can appropriately respond to these problems . The
Alameda County Health Care Services Agency has personnel knowledgable in
these areas .
Given the fact that Staff has been unable to identify a qualified contractor
who is willing to provide vector control services to the City other than
Alameda County and the need to have an agency available.•to `respond to vector
control and related complaints, it was recommended that 'the "City engage the
services of the Alameda County Health Care Services -Agency.' -.The services
will be provided on an as needed basis . Staff believes ..that the County
Health Services Agency has the manpower and .technical -ability ',.to -address
these problems . In addition, due to the fact that current ordinances and
codes refer to the County Health Officer as the individual having citation
power , it would be consistent to continue with the County for this service.
In the future, Staff will continue to monitor the services rendered and
evaluate any alternative proposals for the provision of this service .
Mayor Snyder stated he felt it was important for residents of Dublin to
recognize this benefit . The City is paying for - the -services and thereby
saving them the cost on their tax bills .
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote (Cm.
Jeffery absent ) , the Council authorized the Mayor to -execute an agreement
with Alameda County Health Care Services Agency for Vector Control Services
and authorized a budget transfer from the contingent reserve to an account
established to record charges related to Vector Control Services in the
amount of $8 ,925 .
CAMP PARKS ANNEXATION
At the City Council meeting of August 13 , 1984 , the City Council authorized
the Mayor , City Manager and City Attorney to meet with representatives from
the Army and Federal Government to discuss the potential annexation of Camp
Parks . On September 11 , 1984 , representatives from the City met with
representatives from the Department of the Army.
At that meeting, the City representatives explained the City' s goals with
respect to future growth and the need to not only annex either all or a
portion of the Camp Parks property to the City of Dublin, but also to obtain
an access to construct a highway to the east through the Camp Parks
property.
There are 2 basic alternatives which the City Council could consider with
respect to the amount of territory that it may wish to annex to the City.
The first alternative would be to annex the entire portion of the Camp Parks
base which is within Alameda County. The second alternative would be to
annex only the southernmost 150 acres of the Camp Parks site which is
presently being transferred to GSA .
CM-3-224
Regular [Meeting October 8, 1984
1
The question of whether or not voters would have to approve this annexation,
and other possible scenerios was explained in a memo from the City Attorney.
On motion of Cm. Moffatt , seconded by Cm. Vonheeder , and by unanimous vote
( Cm. Jeffery absent ) , the City Council determined it wished to pursue an
annexation request for the entire base, including Tassajara Creek area, and
directed Staff to prepare a letter for the Mayor ' s signature to the various
Federal agencies involved requesting their consideration of the City' s
annexation request .
OTHER BUSINESS
Invitation .
City Manager Ambrose reminded the Council of ,the invitation for 'the
Councilmembers and Department Heads to participate in a softball game and
barbeque with various agencies in the area on October 18 , 1984 at 5 : 00 p.m.
Tri-Valley Community TV Opening
City Manager Ambrose reported the City had received .a letter from the City of
Livermore related to an opening on the Tri-Valley Community TV Corporation.
This Board administers local access funds .
On motion of Mayor Snyder , seconded by Cm. Moffatt, and by unanimous vote
( Cm. Jeffery absent ) , the Council appointed Vice 'Mayor Hegarty to fill this
vacancy.
Team Building Workshop
City Manager Ambrose indicated the City had been informed that Dublin
Officials had been accepted. to participate in the League of California Cities
Team Building Workshop on October 24-26 , 1984 , at Lake Arrowhead."
ACTEB JPA
Cm. Moffatt reported that the ACTEB Joint Powers Agreement has been
completed. A new member , Jack Swanson, has been nominated by Walt Wood,
Pleasanton City Councilmember , and is being recommended by the Pleasanton
Chamber of Commerce .
EXECUTIVE SESSION
At 10 : 01 p.m. , the Council recessed to a closed session to discuss
litigation.
CM-3-225
Regular Meeting October 8, 1984
ADJOURNMENT
There- being no further business to come before the Council , the meeting was
adjourned at 10 : 50 p.m. , in memory of Supervisor Don Excell, who died on
October 6 , 1984 .
Mayor
ATTEST:
City Clerk
CM-3-226
Regular Meeting October 8, 1984