Loading...
HomeMy WebLinkAboutItem 4.01 Approve 07-08-1985 and 07-22-1985 Minutes (2) REGULAR MEETING - July 8 , 1985 A regular meeting of the City Council of the City of Dublin was held on Monday , July 8 , 1985 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 32 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT : Councilmembers Hegarty , Jeffery , Vonheeder and Mayor Snyder. ABSENT : Councilmernber Moffatt . PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of alleg- iance to the flag. KAUFMAN & BROAD DEVELOPMENT PROBLEMS Mr . Gordon Bowen, resident , expressed his concerns regarding the K & B project . He requested City Council to please investigate the problem of trucks parking on his street in front of his home , an outhouse situated right . behind his back fence , and various other problems . Mayor Snyder advised Mr. Bowen that he would have the City Engineer look into checking with K & B about these problems . Cm. Hegarty asked whether there were any drainage problems in regards to the K & B project . He was referring to the "V" ditches behind the property . Engineering has advised the Council that there are no drainage problems and there have never been any prior problems . Cm. Jeffery asked if dirt was typically compacted prior to final grading. Mr. Tong said that it was typical . Mayor Snyder said the City Engineer would look into the matter. FIREWORKS CONCERN Mrs . Annette Lennox expressed a concern regarding fireworks in the City of Dublin. She asked what could be done about the outsiders coming in and shooting them off in our neighborhoods . Cm. Jeffery agreed totally with Mrs . Lennox. CM-4-141 Regular Meeting July 8, 1985 Mayor Snyder advised Council and the audience that the Council could not make a decision on this matter. It was brought up for vote several years ago . He also stated that State Law says you cannot ban fireworks , we cannot govern possession. CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Jeffery , and by unanimous vote (Cm. Moffatt absent ) , the Council took the following actions : Approved Minutes of Adjourned Regular Meeting of May 30, 1985 ; Regular Meeting of June 24 , 1985 ; & Adjourned Regular Meeting of June 25 , '1985 ; Approved Investment Report for Period Ending June 30, 1985 ; Adopted RESOLUTION NO. 60 - $5 APPROVING PRELIMINARY ENGINEER' S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING & 'LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 Adopted RESOLUTION NO. 61 - 85 APPOINTING TIME & PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS (August 12 , 1985 - 7: 30 p.m. ) LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 Authorized the City Manager to secure the services of Charles V. Bird , Financial Management Services to function in the capacity of a part-time Finance Director on an interim basis ; Sidewalk Replacement Program, Handicap Ramp Construction and Silvergate Median Modification, Contract 85-1 - Accepted all improvements as being complete in accordance with the approved plans , specifications and modifications ; Authorized final payment to Hess Constructions , Inc . in the amount of $9 ,647. 50 ; Authorized an additional appropriation from reserves in the amount of $6, 872 ; Reconstruction of Dublin Boulevard , Amador Valley Boulevard and Village Parkway , Contract 84-8 - Accepted the improvements as being complete ; Authorized final payment to Gallagher and Burk, Inc . , in the amount of $46 , 579 .87; On motion of Cm. Vonheeder , seconded by Cm. Jeffery , and by unanimious vote (Cm. Moffatt absent ) , the Council approved Warrant Register in the amount of $311 ,723 . 34 ; CM-4-142 Regular Meeting July 8, 1985 PUBLIC HEARING DOLAN SCHOOL 'SITE MURRAY SCHOOL DISTRICT PLANNED DEVELOPMENT REZONING & TENTATIVE MAP 5402 Mayor Snyder opened the public hearing. Mr. Tong presented the Staff Report . Sacramento Developers , applicant and Wilsey & Ham, project engineers , requested the City to rezone approximately 27 acres of property owned by Murray School District . Use of the site was governed by the Development Policies for residential sites contained within the City' s General Plan which designates the site for a maximum of 88 single family lots . If the PD Rezoning and Tentative Map was approved , the next step for the developer would be to submit a SDR. The SDR would be handled at the Staff level and would be utilized to make a detailed analysis . Staff recommended that the following language be added to Condition #51 of the Resolution for the Tentative Map. "The developer shall further demonstrate that access , in a manner determined acceptable to DSRSD , be provided to that section of the sewer main located other than within the public right-of-way . " Mr . DeHorn, manager of Wilsey & Ham explained briefly the project to the Council and audience . He explained the problems that the developers had regarding reducing pad elevations by five feet as indicated in recommended Condition 41 . He reviewed on a lot by lot basis , his proposed pad elevation reductions . He discussed split level concepts , single story and two story type homes . He discussed the tree planting program, retaining walls , and the depth of the backyards . He stated that the applicant will provide an automatic irrigation system for the trees on the rear slopes . Cm. Jeffery asked what the typical backyard areas would be? Mr. DeHorn and Staff explained that , per recommended conditions of approval , the effective rear yard living areas. would be maximized with no less than 1 ,375 sq ft and 15 ft minimum rear yard setbacks . William Morgan, developer , said that they had already plotted houses using an existing house plan/product line . To meet the recommended Condition 41 , they would need to abandon their existing product line which cost about $250, 000 , and develop a new one . He asked if reducing the pad height from 27-30 ft tall down to 22-25 ft tall would really be that much . He also said that if a fence on top of the slope was built , the area behind could become a garbage dump . Mr. Morgan, in response to Cm. Jeffery , said three of the plans were being built in Pleasanton. It would take $15 , 000 425 ,000 to adjust the plans . CM-4-143 Regular Meeting July 8 , 1985 In response to Cm. Vonheeder, Mr. Morgan said a single story house would fit on Lot 32 without the loss of a lot . Mr. Mel Luna, Padre Way resident , expressed concern regarding grading and visual impacts . He was also concerned that the flag lots would become safety problems and the private road would be a maintenance problem. He was also concerned about the major erosion problems that are in this area. He stated the homeowner' s should have yards that they can use . Mrs . Barbara Luna , Padre Way resident , was concerned about having 88 units instead of fewer and larger homes . She was concerned about the number of children that will be going to school in this area and if they will be overload in the schools in this area. She also said that parking would be a problem and so would the soil erosion. Cm. Jeffery said that the schools can handle the small number of children that the project will generate . Mrs . Marie Grossman was concerned about the five acre park. She asked why a park had to be put into this area when there were other parks around town and so few children. Mayor Snyder explained to her that the General Plan designates park sites throughout the City and that parks were for all people , not just children in the vicinity. Mayor Snyder closed the public hearing. Cm. Hegarty stated his concern regarding the six flag lots . He said that every time you have a new project some problems or impacts are created. He said he did not favor requiring a five foot reduction in pad heights . Cm. Vonheeder said she also was not sure if the five foot height reduction would help. She was concerned with the flag lots . She asked if both homeowner' s owned the easement . She also asked if permanent decorative landscaping would be planted on the hills . Mr. Tong said that each homeowner of the flag lots would grant the other an easement for access , maintenance and landscaping. Mr. DeHorn explained that the homeowner' s would be required to take over the watering when the home was sold. Mayor Snyder said that the effect of the five foot pad height reduction would be minimal . He favored using the reductions previously stated by Mr. DeHorn. Cm. Vonheeder suggested that a condition be added requiring automatic irrigation systems as part of the erosion control measures . On motion of Cm. Jeffery , seconded by Cm. Hegarty , and by unanimous vote (Cm. Moffatt absent ) , the Council adopted CM-4-144 Regular Meeting July 8, 1985 RESOLUTION NO . 62 - 85 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 85-005 MURRAY SCHOOL DISTRICT and ' RESOLUTION NO. 63 - 85 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING WITH DEVELOPMENT PLANS FOR A TWENTY-SEVEN ACRE SITE CONCERNING PA 85-005 .1 MURRAY SCHOOL DISTRICT and RESOLUTION NO. 64 - 85 APPROVING TENTATIVE MAP 5402 CONCERNING PA 85-005. 2 MURRAY SCHOOL DISTRICT with PD Rezoning Condition 41 amended on an individual lot basis , Tentative Map Condition 10 amended to include automatic irrigation, and Tentative Map Condition 51 amended to include access to the sewer mains on private property ; and waived the reading and INTRODUCED an ordinance amending the Zoning Ordinance to permit the rezoning of real property within the City of Dublin. PUBLIC HEARING AMENDMENT TO BUILDING CODE RELATING TO ACCESS TO BUILDINGS FOR HANDICAPPED Mayor Snyder opened the public hearing. Mr. Vic Taugher presented the Staff Report . Mr. . Taugher. stated that buildings containing dwelling units or guest rooms shall be made accessible to the physically handicapped as required by Title 24 California Administrative Code . Whenever there is a conflict between any provisions of Title 24 shall prevail . Mayor Snyder closed the public hearing. On motion of Cm. Hegarty , seconded by Cm. Jeffery , and by unanimous vote (Cm. Moffatt i absent ) , the Council waived the reading and adopted ORDINANCE NO. 12 - 85 AMENDING CHAPTER 2 , ARTICLE 2 OF ORDINANCE NO . 02-84 , BY ADDING A NEW SECTION 22 . 31 and 22 . 32 RELATING TO ACCESSIBILITY OF BUILDINGS TO THE PHYSICALLY HANDICAPPED CM-4-145 Regular Meeting July 8, 1985 PUBLIC HEARING ADOPTION OF THE 1984 NATIONAL ELECTRICAL CODE Mayor Snyder opened the public hearing. Mr. Vic Taugher presented the Staff Report . Mr. Taugher stated that the City should be adopting the National Electrical Code of 1984 for the City of Dublin. Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Jeffery , and by unanimous vote (Cm. Moffatt absent ) , the Council waived the reading and adopted ORDINANCE NO. 13 - 85 AMENDING CHAPTER 3 , ARTICLE 1 , SECTION 31 . 2 OF ORDINANCE NO. 02-84 , RELATING TO THE ADOPTION OF THE NATIONAL ELECTRICAL CODE PUBLIC HEARING RESTRICTION OF COMMERCIAL TRUCK PARKING Mayor Snyder opened the public hearing. Mr. Ambrose presented the Staff Report . It was stated that the proposed ordinance would limit the parking of commercial trucks over 10, 000 pounds and any commercially licensed auxillary dollies or trailers . The existing ordinances apply a restriction of two hour parking to commercial vehicles in residential areas only. The proposed ordinance would extend these provisions to all city streets . During pickup and deliveries , the trucks would be allowed to park. It was recommended that the City Council conduct a formal public hearing and deliberate . Mr. Kinzel , Traffic Engineer for the City of Dublin, reviewed the practices of the other cities. Trucks are known to block the view of many intersections if they are allowed to park on the streets . Trucks do severe damage to the streets and pavements . Mr. Fred Lotze , Sunwood Drive , stated that only van lines were allowed to park at American City Truck Stop. Where are all the other truckers that live in the City of Dublin suppose to park their rigs? Ms . Anna Vargas , Hansen Drive resident , expressed concern about parking her rig in Manteca . She said her time spent on the freeway getting to and from her rig would be senseless . Can' t something be done for the Dublin truckers? Ms . Carl Keller, Dublin Green Drive , leased with West Coast stated they were parking on Golden Gate Drive . They would like to have some alternative . CM-4-146 Regular Meeting July 8 , 1985 Ms . Beverly Lognell , Calle Verde Road , stated she looked for a covered area to park her tractor-trailer and was quoted $800 a month for such an area. Why can ' t something be acquired for these individuals . They are willing to pay. Mayor Snyder closed the public hearing. Cm. Hegarty expressed a concern that Viking Lines was abusing the streets by parking along the streets . Mr. Lotze asked if a special permit could be given to the Dublin residents that had tractor-trailer rigs . Cm. Jeffery asked if Staff could investigate this, issue a little further. Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder , seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent ) , the Council agreed to delay this issue for another month so that information could be sought from other cities . PUBLIC HEARING SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT Mayor Snyder opened the public hearing. On May 28 , 1985 , the City Council held a public hearing and received Staff and public input on the preliminary Engineer' s Report . In response to the resolution calling for sealed proposals , the City received a total of three bids for this project . The low bidder was Redgwick Construction Company with a bid of $171 , 743 . Staff has reviewed the low bidder' s proposal , and found it to be in order. Mr. Robert Haight , legal bond counsel for the District was present at the meeting and explained legal details of the proceedings . Mr. Haight confirmed from the City Clerk that no written protests had been received. John Richardson, First California Regional Securities , Inc . , was present in the audience , representing the Company that has made the bid for the bonds . Mayor Snyder closed the public hearing. On motion of Cm. Jeffery , seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent ) , the Council adopted RESOLUTION NO. 65 - 85 OVERRULING PROTESTS ON RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS and CM-4-147 Regular Meeting July 8, 1985 RESOLUTION NO. 66 - 85 RESOLUTION AND ORDER ADOPTING ENGINEER' S REPORT CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS and RESOLUTION NO. 67 - 85 AWARDING CONTRACT (to Redgwick Construction Company) and RESOLUTION NO. 68 - 85 DESIGNATING COLLECTION OFFICER (Finance Director) and RESOLUTION NO. 69 - 85 AWARDING SALE OF BONDS PUBLIC HEARING ESTABLISHMENT OF LOADING ZONE , DUBLIN COURT Mayor Snyder opened the public hearing. Mr. Kinzel , Traffic Engineer for the City of Dublin, discussed briefly the 60 foot loading and unloading zone on Dublin Court . Deliveries could be made to the businesses and companies along Dublin Court . Captain Shores contacted the car dealers regarding their loading of automobiles in the middle of the street . They were noticed and have been complying so far. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty , seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent ) , the Council waived the reading and on an urgency basis , adopted ORDINANCE NO. 14 - 85 ESTABLISHING TRAFFIC REGULATIONS LOADING ZONE ON DUBLIN COURT DOUGHERTY HILLS OPEN SPACE It was noted that this property was transferred to Beck Properties , who will be building the 150 single family homes that were part of the original sub- division that was approved by Alameda County. Mr. Ambrose presented the Staff Report . The developers of Tract 4719 have suggested that Dublin accept the open space within Tract 4719. CM-4-148 Regular Meeting July 8, 1985 This parcel represents one of the largest parcels of open ground within the City limits and , as such, can become a valuable resource to the residents of Dublin for visual open space and , if further developed , into active recreation uses such as hiking, picnicing, etc . Should the City accept this offer, , the parcel could be put into a land bank for further recreational development once its specific uses are determined . No legal documents have been written up. Conceptual approval has been asked for. On motion of Cm. Vonheeder, seconded by Cm.' Hegarty , and --by unanimous vote (Cm. Moffatt absent ) , the Council directed the City Attorney to work with the developers in drafting an agreement . OTHER BUSINESS Contract for Police Services Staff reported that a letter had been received from Sheriff Dyer related to Dublin' s concerns with the added layer of authority that the County was proposing in the new contract . The letter was watered down and not exactly what Dublin had hoped to receive . The City Council agreed to accept the letter as drafted by the Sheriff . SB 1051 Councilmember Jeffery requested that the City continue to oppose this bill . She requested that copies of the letter be sent to Assemblyman Baker. ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 11 : 35 p.m. Mayor ATTEST: City Clerk CM-4-149 Regular Meeting July 8, 1985 REGULAR MEETING - JULY 22, 19$5 A regular meeting of the City Council of the City of Dublin was held on Monday , July 22 , 1985 , in the meeting room of the Dublin Library. The meeting was called to order at 7 : 32 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 alleg- iance to the flag. HERITAGE COMMONS - RETAINING WALL PROBLEMS Hal Gustafson, representing Heritage Commons , addressed the Council related to the halt work order on the retaining wall . They had to build about 400 linear feet of retainer wall calling for 2" redwood , which was what they used . It was his understanding that the Public Works Department had approved the plans . The City has now rejected the wall because it should be pressure treated . He has spoken with several engineers , and no one has heard of redwood being rejected for use as a retainer wall . City Engineer Thompson indicated he had discussed this with the project engineer. The plans call for a maximum 3 foot height and they have gone 4 feet high in some cases . Some of the wood is sap wood. Building Official Taugher indicated that redwood is not permanent and does not meet code . If the wood deteriorates , the owners could come back to the City for partial payment of restoration. Consensus of the Council was to defer the issue to Staff and City Attorney for resolution. FOOD IRRIDATION FACILITY Pat Tempel questioned the Council regarding the recent newspaper article indicating the lease that had been signed by National Food Processors Association to begin food irridation in Dublin. Mayor Snyder responded that NFPA has every right to buy the lease on this property from McKesson and as far as food irridation, it is incumbent upon them to come before the City to make sure that this type of facility can be placed at this location. The specific type of building required would most likely take at least a year to build and this will allow time for the public hearing process . CM-4-150 Regular Meeting July 22, 1985 Lyn Dinelli indicated she had had an emotional response to this issue . She had called NFPA on Friday , and they indicated that they expect to hear from the Department of Energy within the next 30 days . She encouraged the Dublin City Council to become involved in this issue . She expressed fear that this could happen so fast that the public really wouldn' t have a change to respond . Mayor Snyder assured these people that the City Council intends to go through an elaborate public hearing process on this issue . KAUFMAN &, BROAD PROJECT Dave Corliss addressed the Council seeking clarification related to the 2 . lots in their Silvergate development which the City had halted the pouring of foundations . City Manager Ambrose clarified the concerns expressed by Mr. Bowen at a previous meeting, and further indicated that the City is satisfied that K & B. has done what has been approved . Mr. Corliss stated that K & B management feel a great injustice has been done in this unnecessary delay of their project . City Manager Ambrose reported that the City had received several complaints related to K & B grading on Saturday . CONSENT CALENDAR On motion of Cm. Hegarty , seconded by Cm. Moffatt , and by unanimous vote , the Council took the following actions : Approved Warrant Register in the amount of $160, 233 . 73 ; Denied claim for damages by PG&E and directed Staff to refer the matter to the Insurance Carrier; Authorized a waiver of formal bid procedures and the purchase of a Royal 5003 from the manufacturer; Authorized an exception to the competitive bidding requirements and authorized Staff to purchase 2 additional Syntrex word processing stations : Approved Pro-Forma Financial Report for period ending June 30, 1985 . CM-4-151 Regular Meeting July 22, 1985 VALLEY MULTI-HEALTH AND HUMAN SERVICE CENTER The City received a request from Ms . Joyce Berger, Co-Chairperson of the Valley Multi-Health and Human Service Task Force . Representatives from the task force made a presentation to the Council regarding the development of a multi-purpose service center to be located in the Valley. Joyce Berger addressed the Council and stated they were asking for approval of this concept . There has been rapid growth in this area and many agencies are being priced out of the market with regard to rental of facilities . This committee has met for about 5 months . exploring this concept . Cm. Jeffery questioned how many different organizations were involved . Ms . Berger indicated there were 5 non-profit groups and 1 County agency. Cm.- Jeffery questioned how many were located in Dublin. Ms . Berger responded that the Parental Stress group has a small facility in Dublin. Cm. Jeffery questioned how much space will be needed . Ms . Berger responded that about 20,000 sq ft initially, but long term growth would require 30.,000 sq ft . Cm. Jeffery asked if vacant school facilities had been considered . Ms . Berger indicated they had , but usually these facilities are located in residential areas , and the neighborhoods don' t want the extra activity , traffic , etc . , in their areas . Mayor Snyder explained that because of the special needs , perhaps a site built from the ground up would be better. Representation on this committee was discussed and the Council agreed that Mayor Snyder and Cm. Moffatt would continue to represent Dublin. On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the Council approved the concept of- the development of a multi-purpose service center to be located in the Valley, and authorized continued participation by the City ' s representatives on the task force . UPDATE ON MASTER EMERGENCY MEDIAL SERVICE AGREEMENT WITH COUNTY OF ALAMEDA The City received a letter from the Chairman of a subcommittee on Emergency Medical Services requesting approval of an EMS agreement . The proposed agreement contains fundamental problems due to the special district status of the City ' s fire services . The County has established an Emergency Medical Service District for the provision of emergency paramedic ambulance service within the County . The City of Dublin is included within this District . CM-4-152 Regular Meeting July 22, 1985 Among the services provided by the District is the training of the personnel who are regularly dispatched as first responders on medical emergencies . Chief Phillips of the Dublin San Ramon Services District has noted several difficulties with the method of reimbursing agencies responsible for emergency response , for costs associated with training. First , the proposed agreement has language which binds the City and refers to required actions by the fire department . Given the special district status of the fire department , the City cannot commit to the language of the current agreement . Second , the Dublin San Ramon Services District would be required to utilize the funds for only personnel who are assigned to the City of Dublin.'> . The jurisdiction and • service':area .for. DSRSD would complicate the record keeping required 'for..a`°'small reimbursement . The funding for this program is derived from special assessments on each piece of property. - - If the funds collected .are unable to .be utilized in the City of Dublin, it may be appropriate for a credit to be 'levied on .Dublin taxpayers. Chief Phil Phillips provided an update on the provision of paramedic services and discussed developments with the program. Cm. Moffatt questioned what EMS and MOU meant . Chief Phillips explained it was Emergency Medical Service and Memo of Understanding. Cm. Jeffery suggested that Dublin set forth its terms and adopt a joint resolution with DSRSD and the County could either accept or ignore Dublin' s position. If they make it impossible to accept the money , Cm. Jeffery inquired as to whether Dublin could request a refund for its citizens . On motion of Cm. Jeffery , seconded by Cm. Vonheeder, and by unanimous vote , the Council directed Staff to draft a resolution to be jointly approved by the City and DSRSD indicating that Dublin firemen could work either side of the County line and essentially all could be considered Dublin, or Dublin will not participate and would request a reduction to citizen' s bills . A copy of the resolution should be forwarded to Supervisor Campbell . PUBLIC HEARING MURRAY SCHOOL DISTRICT PLANNED DEVELOPMENT REZONING & TENTATIVE MAP 5402 — DOLAN SCHOOL SITE Mayor Snyder opened the public hearing. On July 8 , 1955 , the City Council adopted resolutions approving the Dolan School Site Planned Development Rezoning and Tentative Map. The City Council also introduced an Ordinance amending the Zoning Ordinance . The application involves 88 single family lots and a 5 acre future park site at Castilian Road and Padre Way . The City Council revised 3 of the recommended conditions of approval : CM-4.-153 Regular Meeting July 22, 1985 1 ) PD Rezoning Condition #41 was revised to indicate minimum lowering of building pads on an individual lot basis rather than a minimum of 5 feet and certain other adjustments ; 2 ) Tentative Map Condition #10 was revised to include automatic irrigation as part of the long term maintenance of all permanent erosion and sediment control measures ; and 3 ) Tentative Map Condition #51 was revised to include access , acceptable to DSRSD to sewer mains located on private property . The next steps for the developer will be to submit a Site Development Review application and negotiate an agreement regarding the future park site . No public comments were made . Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt , and by unanimous vote , the Council waived the reading and adopted ORDINANCE NO. 15 - 85 AMENDING ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN (DOLAN SCHOOL SITE) PUBLIC HEARING BEDFORD PROPERTIES PLANNED DEVELOPMENT AND REZONING Mayor Snyder opened the public hearing. Bedford Properties is applying for a PD rezoning to allow Industrial Business Park uses and a sign program at the northeast corner of Sierra Court and Sierra Lane . In February of this year, the Planning Department approved a Site Development Review to construct eleven separate buildings encompassing approximately 190, 000 sq ft at this site ; the project is presently under construction. The entire project could have been provessed as a PD at outset , but the applicants decided to file a Site Development Review first and then a PD rezoning request . The basis for this decision was to allow construction to begin while the use question and sign program were being resolved . The Planning Commission reviewed this application at three meetings ( 5/20, 6/3 and 6/17/85 ) . The principal issue associated with this request relates to the establishment of administrative , professional and business office uses at the subject site . In the draft ordinance recommended by the Planning Commission, these types of uses would require formal zoning approval prior to locating on the site . It is the Planning Commission and Staff position that these types of uses would only be approved if they were closely associated with and subordinate to another onsite permitted use . Uses that did not fall into this category would more appropriately be located in an Administrative Office (C-0) District . CM-4-154 Regular Meeting July 22, 1985 Also included in the PD is a sign program. The sign program provides attractive and effective identification appropriate for the proposed uses . Bud Lake , representing Bedford Properties , expressed agreement with Staff ' s recommendations . Cm. Hegarty questioned what the buildings would look like . Planning Director Tong explained that this was basically a PD process in reverse . Mayor Snyder closed the public hearing. On motion of Cm. Jeffery , seconded by Cm. Moffatt , and by unanimous vote , the Council adopted RESOLUTION NO. 70 - 85 ADOPTING A NEGATIVE DECLARATION FOR PA85-032 BEDFORD PROPERTIES PLANNED DEVELOPMENT REZONING and RESOLUTION NO. 71 - 85. APPROVING & ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING CONCERNING PA85-032 BEDFORD PROPERTIES PLANNED DEVELOPMENT REZONING waived the reading and INTRODUCED an ordinance amending the Zoning Ordinance to permit the rezoning of real property within the City of Dublin. PUBLIC HEARING ESTABLISHMENT OF NO PARKING ZONE DUBLIN COURT, SOUTH OF DUBLIN BOULEVARD Mayor Snyder opened the public hearing: The Traffic Engineer has reviewed the need for red curbing on Dublin Court south of Dublin Boulevard. The results of the review indicate the need for 120 feet of no parking restrictions on the east side and 100 feet on the west side of Dublin Court . No public comments were made . Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder , seconded by Cm. Hegarty, and by unanimous vote , the Council waived the reading and on an urgency basis adopted ORDINANCE NO. 16 - 85 ESTABLISHING TRAFFIC REGULATIONS NO PARKING ZONES ON DUBLIN COURT ° CM-4-155 Regular Meeting July 22, 1985 ADDITIONAL LIBRARY SERVICES On June 25 , 1985 the City Council adopted the City ' s 1985-86 Annual Budget . This Budget included the allocation of funds for four additional hours of library service to be provided at the Dublin Library. The total additional cost of adding the four hours of library services to the City for a year is $26, 005 . This would increase the City' s total subsidy to the operation of the Library to $69,741 . The County has prepared a revised Contractual Agreement for Fiscal Year . 1985-86. This agreement is substantially the same as the agreement approved by the City Council during Fiscal Year 1984-85 except - for the -fact that it provides four additional hours of library service commencing October 1 , 1985 . The County Librarian indicated that it would be necessary to start at this time because of the time required to get the Board of Supervisors approval and the County Budget finalized , as well as the recruitment of new personnel . The County Librarian and City Staff- have discussed the desirability of providing additional evening hours on Monday evenings versus Thursday evenings . Since the City Council holds its meetings on Monday evenings and there is limited parking , Staff ' s position was that Thursday evenings may be better for the purpose of adding hours to the library . If parking was difficult for library patrons on Monday evenings due to City Council meeting parking requirements , library patrons may not decide to take advantage of the additional hours . The County Librarian has written the contracts so as to give the flexibility to provide evening service on either Monday or Thursday , so that if the City does change its meeting place , the addition of Monday library hours could be accommodated . On motion of Cm. Hegarty , seconded by. Cm. Jeffery, and by unanimous vote , the City Council approved the addition of library hours to Thursday evenings and adopted RESOLUTION NO. 72 - 85 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES DURING FISCAL YEAR 1985-86 REPORT RE ARROYO VISTA At its meeting of July 16 , 1985 , the Pleasanton City Council adopted a Resolution stating their intention to transfer the Arroyo Vista Public Housing Project to the City of Dublin. The City of Pleasanton has indicated that this transfer would be predicated on primarily two conditions : 1 ) The City of Dublin maintain a local office to manage Arroyo Vista ; 2) The City of Dublin continue to maintain the existing system of tenant selection which would give residents of Pleasanton and Dublin equal opportunity to rent the Arroyo Vista housing. CM-4-156 Regular Meeting July 22, 1985 The City Attorney prepared a memo outlining the various legal options which the City Council has with respect to the structure of the Authority Board of Directors . This memo is intended for information at this time . It is recommended that the City Council defer any action with respect to the structure of the Commission until a formal agreement has been prepared in conjunction with the City of Pleasanton. Mayor Snyder had questions related to the structure of an authority vs a commission. City Attorney Nave explained that it is up to the City . Council to create the . rules . A commission would be advisory in nature . Councilmembers indicated they had no problem with Pleasanton' s stipulations and requested that a reciprocal clause for Kottinger :Place .be mentioned in a letter when Dublin responds . On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the City Council adopted RESOLUTION NO. 73 - 85 DECLARING ITS INTENTION TO ACCEPT OWNERSHIP & RESPONSIBILITY FOR THE ARROYO VISTA PUBLIC HOUSING PROJECT Staff and the City Attorney will meet with representatives from the City of Pleasanton and HUD to develop a formal agreement which can be acted upon by both Cities in order to facilitate the transfer process . At that time , Staff will prepare a report to the City Council outlining the various management and operation alternatives available to the City in operating Arroyo Vista. Staff will also provide the Council with a resolution which would activate a Dublin Housing Authority. PARK DEVELOPMENT PLAN REQUEST FOR PROPOSAL Staff and the Park & Recreation Commission have identified the need to secure the service's of a Landscape Architect to assist the City in developing preliminary plans for various existing and proposed parks . The City Council allocated funds as part of the 1985-86 Budget for this purpose . Recreation Director Lowart explained that the Landscape Architect/Park Planner would come into Dublin and look at each site at least twice and meet with residents of the neighborhood with regard to what types of facilities they would like to see . City Manager Ambrose indicated that for consultant selection purposes , Staff was suggesting the formation of a consultant selection team consisting of the Recreation Director , City Engineer , a member of the Park & Recreation Commission and City Council and a representative of the City Manager' s Office . CM-4-157 Regular Meeting _ July 22, 1985 On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the Council approved the RFP for Park Development Plan and authorized Staff to initiate bid proceedings . The representative for the selection committee will be Cm. Vonheeder. OTHER BUSINESS NFPA Update City Manager Ambrose informed the Council that he had spoken with Larry Graham from NFPA who indicated that on Thursday, they had effectively purchased McKesson' s leasehold , and signed a 41 year lease for the facility. They will use the facility for research, testing and other purposes whether or not the irridation issue is resolved. NFPA has extended an invitation to the City Council , Planning Commission, key Staff members , press and interested parties to attend an open house at McKesson for an informational meeting. There would be 2 films shown and a brief presentation. Cm. Jeffery indicated she had problems in that the public might perceive that the Council is doing something behind closed doors . She suggested that the meeting be open to the general public . Also suggested was a City Council work study session in which no decisions would be made , just a fact finding meeting. Mayor Snyder suggested inviting various members of the community. Cm. Hegarty indicated he felt very uncomfortable with this suggestion and stated he would rather see it all handled in public hearings . Cm. Vonheeder felt this was an opportunity to get information and that the Council owed it to their constituents and to themselves to obtain as much information as they could . Cm. Moffatt agreed with Cm. Vonheeder and felt that to not avail themselves of this information would be like sticking their heads in the sand . On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by majority vote , the Council agreed to accept NFPA' s offer to conduct an open house meeting. Voting NO on this motion were Cm. Hegarty and Cm. Jeffery. City Manager Vacation City Manager Ambrose indicated that he would be taking 2 weeks vacation beginning July 28th. Mr. Rankin will be in charge during his absence . CM-4-158 Regular Meeting July 22, 1985 Housing Seminar Cm. Hegarty presented the Council with an overview of the seminar he had recently attended in Las Vegas . He stated the bottom line with regard to housing is that housing authorities need to find new partners , in that the federal government will no longer be there with funding in the future . . ADJOURNMENT There being' no further business to come before the Council , the meeting was adjourned at 9 : 25 p.m. Mayor ATTEST: City Clerk CM-4.-159 Regular Meeting July 22, 1985 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 12 , 1985 SUBJECT: Acceptance of Private Vehicle Accessway Maintenance Agreements for the Arbor Creek Project (Tract 5131/PA 82-033 . 1 (R) EXHIBITS ATTACHED: Resolution; Copy of Agreement RECOMMENDATION: Adopt Resolution accepting agreement and directing City Clerk to execute same. FINANCIAL STATEMENT: No financial costs to the City are anticipated to be incurred as a result of accepting and executing these maintenance agreements . Costs incurred from road maintenance, if necessary, are retrievable as outlined .in Article V of the document . DESCRIPTION: The Planned Development Rezoning Ordinance adopted by the City for the Arbor Creek Project (PA 82-033 . 1 (R) ) provides under General Provision 36 (e ) , that a recorded contract to run with the land shall be established providng the City with the authority to repair and/or maintain the private vehicle accessways , in the event the developer . or the Homeowner ' s Association fails to so maintain the accessways . The developer has previously submitted a draft agreement for review by the Planning Staff as regards to format . The document has been resubmitted in its final form and carries the Developer ' s notarized signature . In order to consumate the referenced condition of approval, it is necessary for the City Council to adopt a Resolution accepting the agreements and directing the City Clerk to record the documents . ------------L------------------------------------------------------ ITEM NO. /V COPIES TO: Joseph Higgins JMH, Inc. PA 82-033 . 1 (R) RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------- -- ACCEPTING AND DIRECTING THE CITY CLERK TO EXECUTE PRIVATE VEHICLE ACCESSWAY AGREEMENTS FOR THE ARBOR CREEK PROJECT (TRACT 5131 ) SUBDIVIDED IN CONJUNCTION WITH PA 82-033 . 1 (R) PLANNED DEVELOPMENT REZONING) WHEREAS, the Planned Development Rezoning Ordinance adopted by the City of the Arbor Creek Project ( PA 82-033 . 1 ( R ) provides under General Provisions 36 ( e ) that a recorded contract to run with the land shall be established providing the City with the authority to repair and/or maintain the private vehicle accessways in the event the developer or the Homeowner '. s Association fails to so maintain the accessways ; and WHEREAS, the developers of the project , J . M. H . , Inc . , has prepared a,nd executed a copy of the required agreement and submitted it to the City for execution and subsequent recordation ; and WHEREAS , the agreement has been reviewed by Staff has been determined to satisfactorily meet the intent and requirements of General Provision 36 ( e-) of the Planned Development Rezoning Ordinance covering the subject property. NOW, THEREFORE , BE IT RESOLVED THAT the Dublin City Council does hereby acknowledge acceptance of the Private Vehicle Accessway Maintenance Agreement for the Arbor Creek Project and directs the City Clerk to execute and record said agreement . PASSED, APPROVED AND ADOPTED this th day of 1985 . AYES : NOES : ABSENT : Mayor ATTEST : l City Clerk PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT ARBOR CREEK DUBLIN, CALIFORNIA This Private Vehicle Accessway Maintenance Agreement, executed as of the day of , 1985, by and between J.M.H. , Inc. , A California Corporation (Owner) and - the City of Dublin (City) is entered into with reference to the recitals set forth in Article I below, and con- stitutes a contract which will enable the City to provide certain mainte- nance services on the private vehicle accessways described in Exhibit "A", under certain conditions as set forth herein. ARTICLE I RECITALS 1.1 Owner is the owner of the real property described in the attached Exhibit "A", which includes private vehicle accessways as shown on the map of Tract 5131 as Arbor' Creek Circle. 1.2 Owner shall record a Declaration of Covenants, Conditions and Restric- tions of Arbor Creek (Declaration) . The Declaration provides in para- graph 3.8 as follows: "The City is hereby granted a right of entry upon the Project to maintain and/or repair (i) the wall acrd Landscape Easement; (ii) the easterly wall and the landscaping within the public right-of-way and/or (iii) the private vehicle accessways, if conditions so require and in accordance with the provisions of Sections. 10.3 of this Declaration." 1.3 The private vehicular accessways described above are project common area and are subject to the provision of said paragraph 3.8. 1.4 The planned unit development ordinance adopted by the City of Dublin as "Plan Development Rezoning PA 82-033.1(R) , Arbor Creek" provides under General Provision 36(e) that a recorded contract to run with the land shall be established providing the City with the authority to repair and/or maintain the private vehicle accessways, in the event the developer or the Homeowners' Association fails to so maintain them. ARTICLE II MAINTENANCE 2.1 Pursuant to the Declaration, it is the obligation of Owner or the Arbor Creek Circle Owners Association to maintain the private vehicle accessways within Tract 5131. Owner shall maintain them in a manner such that ad- equate acces's by vehicular traffic is provided at all 'times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles would have adequate turning areas. All such maintenance shall be performed by Owner or the Association at no expense to the City, of Dublin. 2.2 In the event Owner or Association refuses or fails to so maintain the Private vehicle accessways, the City of Dublin shall have the right, not the obligation, to perform said maintenance on behalf of -the Owner or Association. In futherance of City's right to perform the maintenance, City may enter upon the property for the purpose of accomplishing such maintenance. -1- / -2- ARTICLE III ACCESS 3.1 Owner hereby grants to the City an irrevocable right of access to the vehicle accessways for the purpose of performing maintenance as provided above. This right of access shall be restricted to the City's maintenance responsiblilities pursuant to this contract, and shall not create an ease- ment on behalf of the public or the City for any other than to provide such maintenance. Said right of access shall be terminated if an offer of dedication of the access area shall be accepted by the City. ARTICLE IV PROTECTION OF PROPERTY & INDEMNIFICATION 4.1 In exercising City's rights to maintain, City shall take all reasonable precautions to protect the vehicle accessways and all other private property located within Tract 5131. 4.2 All maintenance, construction and reconstruction performed by the'City shall be done in accordance with the plans and specifications for Tract 5131, prepared by MacKay & Somps Engineers, and in accordance with all applicable Alameda County specifications. The provisions of this para- graph shall not obligate the City to correct any defective workmanship or otherwise reconstruct or repair the private vehicle accessways, except as is necessary to meet the requirements under 2.1 above. 4.3 City agrees to indemnify and hold Owner and/or Association harmless from all loss, liability, claim, or other damage caused by or relating to City's repair or reconstruction work on the property. ARTICLE V ASSESSMENTS 5.1 All reasonable costs expended by the City for labor, materials, equipment, and direct on-site supervision of. repairs and/or reconstruction performed under the terms of this contract -shall be borne by the Owner and/or the Association. City shall .so notify the Owner and/or Association of all costs incurred by the City in performing such work. 5.2 In the event following a request by the City for payment, Owner and/or Association cannot or will not pay such reasonable costs, City shall have the power to assess on an equal basis each condominium unit and planned, development lot on the property for reimbursement of such direct and reasonable costs. Any assessment so levied by the City shall be in- cluded at the City's option, on the next succeeding Alameda County pro- perty tax bill. Such cost distributed equally to each of the condominium units and planned development lots shall be shown as a separate assessment along with the County ad valorem taxes and other assessments. ARTICLE VI NOTICE 6.1 City's right to enter upon the property to perform such maintenance shall be subject to the following requirements of Notice and Rights to Cure: (a) In the event of an emergency which threatens life or property, City shall have the right to enter upon the property to perform maintenance immediately upon giving notice to the Owner or the Association. f ' EXHIBIT "A" The land is situated in the State of California, County of Alameda, And is described as follows: City of Dublin Lot 1 to 49, inclusive; and Parcel A; Tract 5131, filed December 31, 1984, in Map Book 150 Pages 14 to 16, inclusive, Alameda County Records and as amended by that certain "Certificate of Correction" recorded February 25, 1985, Series No. 85-39442, Alameda County Official Records. PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT. ARBOR CREEK DUBLIN, CALIFORNIA This Private Vehicle Accessway Maintenance Agreement, executed as of the day of 1985, by and between J.M.H. , Inc. , A California Corporation (Owner) and the City of Dublin (City) is entered into with reference to the recitals set forth in Article I below, and con- stitutes a contract which will enable the city to provide certain mainte- nance services on the private vehicle accessways described in Exhibit "A", under certain conditions as set forth herein. - ARTICLE I RECITALS 1:1 Owner is the owner of the real property described in the attached Exhibit "A", which includes private vehicle accessways as shown on the map of Tract 5131 as Arbor Creek Circle. 1.2 Owner shall record a Declaration of Covenants, Conditions and Restric- tions of Arbor Creek (Declaration) . The Declaration provides in para- graph 3.8 as follows: "The City is hereby granted a right of entry upon the Project to maintain and/or repair (i) the wall and Landscape Easement; (ii) the easterly wall and the landscaping within the public right-of-way and/or (iii) the private vehicle accessways, if conditions so require and in accordance with the provisions of Sections 10.3 of this Declaration." 1.3 The private vehicular accessways described above are project common area and are subject to the provision of said paragraph 3.8. 1.4 The planned unit development ordinance adopted by the City of Dublin as "Plan Development Rezoning PA 82-033.1(R) , Arbor Creek" provides under General Provision 36(e) -that a recorded contract to run with the land shall be established providing the City with 'the authority to repair and/or maintain the private vehicle accessways, in the event the developer or the Homeowners' Association fails to so maintain them. ARTICLE II MAINTENANCE 2.1 Pursuant to the Declaration, it is the obligation of Owner or the Arbor Creek Circle Owners Association to maintain the private vehicle accessways within Tract 5131. Owner shall maintain them in a manner such that ad- equate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles would have adequate turning areas. All such maintenance shall be performed by Owner or the Association at no expense to the City of Dublin. 2.2 In the event Owner or Association refuses or fails to so maintain the private vehicle accessways, the City of Dublin shall have the right, not the obligation, to perform said maintenance on behalf of the Owner or Association. In futherance of City's right to perform the maintenance, City may enter upon the property for the purpose of accomplishing such maintenance. -2- ARTICLE III ACCESS 3.1 Owner hereby grants to the City an irrevocable right of access to the vehicle accessways for the purpose of performing maintenance as provided above. This right of access shall be restricted to the City's maintenance responsiblilities pursuant to this contract, and shall not create an ease- ment on behalf o-f the public or the City for any purposes other than to provide such maintenance. Said right of access shall be terminated if an offer of dedication of the access area shall be accepted by the City. ARTICLE IV PROTECTION OF PROPERTY & INDEMNIFICATION 4.1 In exercising City's rights to maintain, City shall take all reasonable c precautions to protect the vehicle-accessways and'all other private property located within Tract 5131. 4.2 All maintenance, construction and reconstruction performed by the City shall be done in accordance with the plans and specifications for Tract 5131, prepared by MacKay & Somps Engineers, and in accordance with all applicable Alameda County specifications. The provisions of this para- graph shall not obligate the City to correct any defective workmanship or otherwise reconstruct or repair the private vehicle accessways, except as is necessary to meet the requirements under 2.1 above. 4.3 City agrees to indemnify and hold Owner and/or Association harmless from all loss, liability, claim, or other damage caused by or relating to City's repair or reconstruction work on the property. ARTICLE V ASSESSMENTS 5.1 All reasonable costs expended by the City for labor, materials, equipment, and direct on-site supervision of repairs and/or reconstruction performed under the terms of this contract shall be borne by the Owner and/or the Association. City shall so notify the Owner and/or Association of all costs incurred by the City in performing such work. 5.2 In the event following a request by the City for payment, Owner and/or Association cannot or will not pay such reasonable costs, City shall have the power to assess on an equal basis each condominium unit and f planned development lot on the property for reimbursement of such direct and reasonable costs. Any assessment so levied by the City shall be in- cluded at the City's option, on the next succeeding Alameda County pro- perty tax bill. Such cost distributed equally to each of the condominium units and planned development lots shall be shown as a separate assessment along with the County ad valorem taxes and other assessments. ARTICLE VI NOTICE 6.1 City's right to enter upon the property to perform such maintenance shall be subject to the following requirements of Notice and Rights to Cure: (a) In the event of an emergency which threatens life or property, City shall have the right to enter upon the property to perform maintenance immediately upon giving notice to the Owner or the Association. -3- (b) Where there is no immediate danger to life or property, City shall give 10 days' written notice to the Owner or Association of its intention to perform maintenance. Owner and/or Association shall have three days following receipt of such notice to commence such maintenance repair and/or reconstruction and such work shall be completed within 30 days of receipt of such notice. (c) In the event that such maintenance work cannot be reasonably completed within the 30-day period, the period for completion shall be extended for so long as Owner and Association are diligently pursuing corrective measures on the property. 6.2 Where notice is required, it shall be deemed to have been properly given three days following mailing by post paid registered or certified letter to the Owner and/or Association at the address indicated below: J.M.H. , Inc. The Towers, Suite 1525 1901 S. Bascom Ave. Campbell, Ca. 95008 ARTICLE VII MISCELLANEOUS 7.1 In the event of any controversy, claim, litigation, dispute or arbitration of any action between the parties arising orrt of or resulting from this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party its reasonable expenses and court costs, including with- out limitation, attorneys' fees and costs. 7.2 Each paragraph and provision of this Agreement is severable, and if one portion is determined to be invalid, the remaining portions shall, never- theless, remain in full force and effect. 7.3 This Agreement and any documents referred to herein contain the entire agreement between the parties relating to the subject matter hereof and may not be modified -or.amended except by written document signed by both parties. 7.4 This Agreement shall be governed by the law of the State of California, and any legal action instituted pursuant to this Agreement shall be brought in the California State Courts in Alameda County. 7.5 All rights and obligations under this agreement may be assigned by owner to Arbor Creek Circle Owners Association, a California nonprofit mutual benefit corporation. J.M.H. , INC. , CITY OF DUBLIN A Cali£o1iia corpor ion By: By. PLEASE NOTE All signatures to this instrument must be acknowledged by a Notary Public. EXHIBIT "A" The land is situated in the State of California, County of Alame' da,''and is described as follows: City of Dublin Lot 1 to 49, inclusive; and Parcel A; Tract 5131, filed December 31, 1984, in Map Book 150 Pages 14 to 16, inclusive, Alameda County Records and as amended by that certain "Certificate of Correction" recorded February 25, 1985, Series No. 85-39442, Alameda County Official Records. Al J _ z ri