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HomeMy WebLinkAbout3.1 Approve 02-13-1984 Minutes REGULAR MEETING - FEBRUARY 13 , 1984 A regular meeting of the City Council of the City of Dublin was held on Monday, February 13 , 1984 in the meeting room of the Dublin Library. The meeting was called to order at 7 : 40 p.m. by Mayor Peter Snyder . ROLL CALL PRESENT: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder . 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, the following were approved : Minutes of Adjourned Regular Meeting of November 1 , 1984 ; Minutes of Regular Meetings of November 14 , 1983 and January 23 , 1984 ; Warrant Register in the amount of $69 , 010 . 69 ; denied the application for leave to file a late claim by Richard Leon Duncan and others , and directed Staff to notify claimant and the City ' s insurance carrier ; adopted RESOLUTION NO. 14 - 84 ACCEP'T'ANCE OF FINAL MAP TRACT NO. 4442; Mayor Snyder requested that the items related to Tract 4719 be removed from the consent calendar and voted on separately. He felt it necessary to remove himself from the vote due to a conflict . On motion of Cm. Jeffery, seconded by Cm. Drena, and by unanimous vote (Mayor Snyder abstained) , the Council adopted RESOLUTION NO. 15 - 84 REPLACEMENT OF SUBDIVISION AGREEMENT AND SECURITIES TRACT NO. 4719 ; adopted RESOLUTION NO. 16 - 84 SUBDIVISION 4719 EASEMENT INDENTURE OVER SOUTHERN PACIFIC RIGHT-OF-WAY CM-3-26 February 13 , 1984 PUBLIC HEARING TRACT 4859-NIELSEN RANCH-TIME, EXTENSION-APPEAL On July 20 , 1981 , Alameda County approved the Nielsen Ranch Tentative Map Tract 4859 , and on September 3 , 1981, approved a related Planned Development , 1478th Zoning Unit . On January 16 , 1984 , the Planning Commission ( 5-0 ) approved the time extension for the Nielsen Ranch Tentative Map. Cm. Drena appealed that approval, requesting that the City Council have the opportunity to review the application and make its own decision. Subsequent to the appeal , Cm. Drena requested that the applicant and Staff meet and discuss the conditions of approval . The Staff and applicant have met to discuss and clarify three conditions that the Planning Commission acted upon. The issues were : 1 ) Traffic Improvements - The City Staff recommended to the Planning Commission that the developer pay for 50% of the traffic signal and intersection improvements . The Planning Commission revised the condition so that the developer would pay for 50% of the traffic signal and none of the intersection improvements . 2 ) Traffic Safety and Visual Impact - Lot #191 is proposed on the inside curve of a steep hillside road . Because of the steepness of the road ( 12% grade ) and the restricted visibility on the inside of the curve, access to and from the lot may create a traffic safety problem. In addition, Lot #191 would intrude upon the open space area and block visual access to it . Staff recommended to the Planning Commission that the lot be eliminated or relocated because of the safety and visual impact reasons . The Planning Commission agreed to the applicant ' s request to retain Lot #191 and Lot #168 . As a result of the meeting held between the applicant and Staff, Conditions #30 , #36 and #39 were revised and tentatively accepted by the applicant . Mayor Snyder opened the public hearing. Jack Smith, Attorney from Hayward, addressed the Council confirming that a meeting with Staff had resulted in their acceptance of requirements . Dave Burton, Dillon Way, addressed the Council stating he wished to clarify certain information related to this project . He stated that, contrary to certain publicity, this project had not been ramrodded thru, but rather , had been on the drawing board for a long time . The Nielsen Ranch developers had agreed to extend Silvergate Drive and to put in a water system, at great cost . CM-3-27 Regular Meeting February 13, 1984 On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council closed the public hearing . On motion of Cm. Hega'rty, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 17 - 84 APPROVING PA 83-073 A TIME EXTENSION FOR TENTATIVE PARCEL MAP 4859 NIELSEN RANCH Cm. Moffatt stated he felt the City Council should have more faith in their Planning Commission . Cm. Hegarty stated he felt that had the Planning Commission gone one step further in their decision, this matter would not have had to come before the City Council . He further stated he hoped that developers could come to the City of Dublin and feel that they would be treated fairly and equitably. PUBLIC HEARING CHARLES HOLLAND CONDITIONAL USE PERMIT - APPEAL Mr . Holland is appealing a Planning Commission action taken on January 16 , 1984 , which denied his Conditional Use Permit application to sell brass novelty items on 10 to 14 separate dates in 1984 , at the AM/PM Mini-Mart parking lot , located at 7249 Village Parkway. ' Mr . Holland had previously been granted an Administrative Conditional Use Permit by the Planning Commission on December 19 , 1983 , for a one day sale . In denying the request , the Planning Commission expressed their concern with the competitive edge the peddler would have over the established City merchants ; that the use conflicts with the Zoning Ordinance which restricts retail sales to enclosed buildings ; and that the approval of the application would encourage additional peddlers to sell their arts and crafts outdoors in Dublin, resulting traffic control , theft , and enforcement problems . Mayor Snyder opened the public hearing. Cm. Moffatt questioned Mr . Holland as to why he did not rent a shop in Dublin. Mayor Snyder indicated that in discussions with Mr . Holland, it was his understanding that he did business in other cities . Mayor Snyder questioned how he reported sales tax to the State Board of Equalization. Mr . Holland replied that his business is listed as being in Dublin because of his residence location, and therefore, sales tax would go into a Dublin account . CM-3-28 Regular Meeting February 13, 1984 Mr . Holland requested the Council to approve his permit , stating his excellent 4 year reputation . He further stated he has created no problems , -- and, to his knowledge, there have been no complaints . He has the full support of the owner of the AM/PM Mini-Mart and felt he was providing a service to Dublin that would otherwise go unmet . Cm. Moffatt questioned the parking situation at the AM/PM Mini-Mart . Mayor Snyder closed the public hearing . Cm. Jeffery stated she felt this use to be in conflict with the Zoning Ordinance and further , that she would hate to see Dublin back in the same situation with street. vendors . She felt the Council was setting a precedence with this decision. Cm. Hegarty and Cm. Moffatt stated they concurred with Cm. Jeffery' s statements . On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 18 - 84 DENYING PA 83-091 HOLLAND BRASS SALES CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS TEN TO FOURTEEN SEPARATE DATES IN 1984 SECOND UNIT ORDINANCE This draft ordinance implements Senate Bill 1534 which requires that all cities provide, by ordinance, a process by which second units can be erected on lots zoned for single family use, where the lot has an existing single family detached unit , and the second unit meets specified criteria . The Planning Commission addressed this issue on December 19 , 1983 , and on January 16 , 1984 . At the January 16th meeting, the Planning Commission recommended that the Second Unit Ordinance be adopted. The Second Unit Ordinance will require that a Conditional Use Permit be obtained from the Planning Commission prior to erecting a second unit . The Ordinance also outlines nine criteria with which each second unit must comply. The nine criteria include : lot characteristics, limitation of use, size of unit , location on lot , parking, design, lot coverage, occupancy and setback . Cm. Jeffery questioned the wording in #5 parking space requirements and felt the wording should be clarified. Cm. Moffatt asked for clarification that a lot must be 6 ,000 sq ft or larger before a second unit may be built . Staff confirmed this . CM-3-29 Regular Meeting February 13, 1984 Discussion was held with regard to obtaining sewer permits for second units . Planning Director Tong explained that it would become a requirement that the owner must obtain a sewer permit , with the final approval for same coming from DSRSD. Mayor Snyder opened the public hearing . City Attorney Nave corrected wording of Section 4 . Mayor Snyder closed the public hearing . On motion of Cm. Jeffery, seconded by Cm. Moffatt , and by unanimous vote; the Council adopted RESOLUTION NO. 19 - 84 APPROVING AND ESTABLISHING FINDINGS CONCERNING PA 83-092 , AN ORDINANCE RELATING TO SECOND UNITS IN R-1 DISTRICTS On the same motion, the Council waived the reading (with corrected wording) and introduced Ordinance relating to second units in R-1 Districts . REQUEST FOR VARIANCE SECTION 2903 ( c ) OF THE BUILDING CODE Section 2903 ( c) of the Alameda County Building Code, as adopted by the City of Dublin, requires that when fill is to be used to support a building, the fill shall be continuously inspected. This project is the Heritage Commons Development, located at Stagecoach Road and Amador Valley Boulevard . According to the soil engineer ' s report, fill was placed between July 28 , 1982 and August 26 , 1982 , and the inspection of the placement of the fill was on an intermittent basis . The grading in the project is essentially completed. Most of the western portion of the site is in cut, or has very shallow fill . The maximum depth of fill is about 10 on the eastern portion of the site . Applications for building permits are now pending . The alternatives are to remove the fill and recompact , or to extend the foundation piers through the fill and extend them into the natural ground a sufficient depth to support the loads . This approach virtually ignores the capability of the fill to support loads . The Building Official felt the granting of this variance would be consistent with the purpose of the code, and will not lessen the protection to people or property. Cm. Moffatt questioned who would be responsible if there were to be a problem. It was suggested that a "hold harmless" clause be added, but the validity of such a clause was discussed. Cm. Jeffery questioned who contracted for the soil engineer . CM-3-30 Regular Meeting February 13, 1984 Cm. Drena felt that if the site requires pilings , then they should be put in now to avoid any possiblity of problems in the future . Building Official Taugher explained the background and mix-ups related to this project . He stated there were communication breakdowns between the parties responsible due partly to confusion of project being in County and then later in City. Definitions of words used in report "continuous" , " intermittent" and "full time" were also interchanged creating misunderstandings . The question basically boiled down to misunderstanding of intermittent vs continuous inspections . It was felt that the geologist was actually the one whose neck was on the line. Mayor Snyder opened the public hearing . Dennis Neeley, Architect , explained the background of the project and stated there was no question that the work was done properly, but the problem arose in the wording . Mayor Snyder closed the public hearing . On motion of Cm. Moffatt , seconded by Cm. Hegarty, and by majority vote, the Council adopted RESOLUTION NO. 20 - 84 GRANTING VARIANCE REGARDING HERITAGE COMMONS PHASE I Voting NO on 'this motion was Cm. Drena . LIVERMORE-PLEASANTON BART EXTENSION On Thursday, February 2 , 1984 , the BART Board of Directors voted to include the extension of rail to the San Francisco Airport in the Phase I submittal to the Metropolitan Transportation Commission. As a result of that action, representatives from the Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon have met to discuss an appropriate strategy in presenting the Valley ' s case to the BART Board of Directors . Councilmember Jeffery and representatives from the other Cities have developed a letter to the BART Board emphasizing the need for the Valley extension. The BART Board of Directors will be meeting on February 16 , 1984 . Staff has submitted a request to the BART Board that the representatives from the 5 Valley Cities be given an opportunity to address the BART Board regarding the Livermore-Pleasanton Extension . CM-3-31 Regular Meeting February 13, 1984 Cm. Jeffery reported that she had met with representatives of the 5 Cities, including the Chambers of Commerce , at which time they discussed strategy. She stated there was a letter writing campaign underway emphasizing how much money has been put into this program, and asking that more consideration be given to ensuring that BART comes to the Valley. It was suggested that Mayor Snyder represent the City at the upcoming BART hearing . Cm. Hegarty felt as many residents of the Valley as possible should attend the hearing . Cm. Drena felt the real question was related to BART ' s priority. If BART decides on proceeding with the San Francisco Airport extension, Cm. Drena felt perhaps we should ask to be eliminated from the 1/2� tax . He felt BART has drastically misled the people paying this tax for all these years if they decide to give the San Francisco Airport extension priority over the Valley. Bob Allen, BART Director , addressed the Council and attempted to clarify BART ' s position. Mr . Allen reviewed the history of this project and went over the figures associated with the extensions . He stressed the importance of keeping the project together . Mr . Allen stated they did not wish to pit one area against another in vying for funds . Mr . Chris Lodges, a Livermore resident, addressed the Council and urged them not to accept buses as an alternative to rail . He did not feel that the Valley is being, or' has ever been, properly represented on the BART Board of Directors . He was very upset that the Valley had put in $65 million and is still riding buses . Cm. Jeffery requested possible further communication in the event satisfactory resolution to this situation does not occur . DUBLIN POLICE SERVICES ANNUAL REPORT A copy of the 1983 calendar year end report prepared by Tom, Shores, Chief, Dublin Police Services, was presented to Council for review. The report provided a comprehensive overview of the activities of the Dublin Police Department for the last year . Those statistics which were particulary noteworthy were: Serious Crimes A total of 711 serious crimes were committed during 1983 . This represents a 5% decrease in the number of similar crimes committed during 1982 . Patrol Workload Comparative patrol workload data is not available prior to the commencement of the City ' s contract with the County on July 1, 1982 . Therefore, the 1983 CM-3-32 Regular Meeting February 13 , 1984 Calendar Year Report provides only a six month comparison between the last half of 1982 and the last half of 1983 . As shown on page. 12 of the report "Calls for Service" increased 21% for the same six month period. During 1983 , a total of 329 accidents were investigated and a total of 3 , 454 citations issued. There was also a total of 1 , 040 hours of foot patrol . Criminal Investigation The total number of assigned cases and closure rate for crimes against person and property were 879 ( 34% ) and 116 ( 58% ) respectively. Business Office The business office handled a total of 9 ,452 telephone calls and 1,164 public counter inquiries . Volunteer Program The Dublin Police Services participated in volunteer programs including the Valley Volunteer Bureau ' s Women ' s Re-entry Program and the Alameda County Sheriff Reserve Program. The Department has also solicited the services of volunteers directly. A total of 2 ,641 volunteer hours were rendered to the Department during 1983 . Crime Prevention/Community Relations Although the Department formally initiated a major crime prevention program in November 1983 , the Department has was active in the community during 1983 . The Department made 18 presentations to various schools in the community and 16 presentations to community groups and service organizations . During the months of November. and December , 3 Neighborhood Watch Groups were formed along with a Merchant Alerts Network . The Department plans to intensify activities in this area for 1984 and will present its goals to the City Council during the Council ' s study session on goals and objectives . Discussion was held related to individuals who have put in many many volunteer hours for the City of Dublin. Miles Ferris and Rod Sauvageau have devoted a great deal of volunteer reserve officer time. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council agreed to have Staff develop a resolution of thanks to those who have served the City in a volunteer capacity. CITIZEN 'S CABLE TV ADVISORY COMMITTEE VACANCY Staff has been notified by John Tumminelli that he has moved his residence from the City of Dublin to the City of Pleasanton. Mr . Tumminelli, along with Ray Rand and Claudia McCormick , were appointed by the City Council to the Citizen ' s Cable Television Advisory Committee on March 28, 1983 . CM-3-33 Regular Meeting February 13, 1984 Since the Citizen ' s Cable Television Advisory Committee-by-laws provide that each member City may have 3 representatives on the Committee, Staff recommended that the City Council fill the vacancy created by Mr . Tumminelli . Staff further recommended that the Council authorize Staff to advertise the vacancy on the Citizen ' s Cable Television Advisory Committee and request letters of interest to be submitted to the City Offices no later than February 22 , 1984 . Cm. Jeffery questioned the attendance record of Dublin ' s representatives on this Committee . Cm. Drena felt perhaps the Council should consider a recommendation stating that if a person misses 2 consecutive meetings without cause, they should be replaced. Staff was directed to obtain and provide attendance records on its representatives on the Citizen ' s Cable Television Advisory Committee. Mayor Snyder requested that Staff investigate a recent payment of approximately $1500 that was given by Viacom to a neighboring City. 1983-84 MID-YEAR FINANCIAL REVIEW A detailed mid-year financial report , a statement of the City's financial condition at the mid-point as it relates to the adopted 1983-84 annual budget was presented to the Council . OTHER BUSINESS General Plan & Technical Supplement City Manager Ambrose passed out copies of the General Plan & Technical Supplement documents to the City Council and explained that Staff has prepared some revised schedules . He advised that the remaining schedule is very tight . Staff has made a request to the State to shorten their review to 30 days in order to give more time for public hearings . Cm. Moffatt questioned if residents would be able to obtain copies of these documents. Staff explained that there are a limited number of copies available which will be given out one per party on a first-come, first-served basis . Staff indicated copies have been given to the Library and the Chamber of Commerce. CM-3-34 Regular Meeting February 13, 1984 . LAFCO City Manager Ambrose indicated a map had been received indicating areas affected . Mr . Ambrose indicated upcoming hearing dates will be confirmed. Mayor Snyder questioned the status of the property with regard to the San Diego property owner as shown on map. President ' s Birthday Holiday Council consensus was that City Offices be closed on Monday, February 20, 1984 in observance of President ' s birthdays . Goals & Objectives Meeting A reminder was made of the upcoming special meeting for discussion of the City ' s goals and objectives on Thursday, February 16 , 1984 . Cm. Jeffery requested that coffee be available . Recreation Director Recruitment Cm. Jeffery questioned the status of the recruitment efforts for this position. Staff reported that the Park & Recreation Commission will be holding a closed session on the following evening for purposes of discussing the assessment center . The assessment center will be conducted on Saturday, February 18 , 1984 at City Offices . AM/PM Mini-Mart Noise Situation Mayor Snyder questioned if anyone had contacted Mr . DeLaCruz with regard to the possible resolution of the problem at the Mini-Mart. Chief Shores indicated he would contact Mr . DeLaCruz with the information related to the private security guard being provided by the owner of the Mini-Mart. CM-3-35 Regular Meeting February 13, 1984 Diesel Spill It was reported that a diesel spill had occurred on private property late this afternoon . The spill was apparently threatening the storm drain and sewage areas and it was anticipated that the clean up costs could run as high as $12, 000 . Staff indicated this amount could possibly be recovered from the property owner . Chief Shores indicated the truck has been impounded . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10 : 45 p.m. to an adjourned regular meeting on February 16 , 1984 at 7 ; 30 p.m. Mayor ATTEST: City Clerk CM-3-36 Regular Meeting February 13., 1984