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HomeMy WebLinkAbout3.1 Approve 09-10-1984 Minutes r REGULAR MEETING - SEPTEMBER 10, 1984 A regular meeting of the City Council of the City of Dublin was held on Monday, September 10 , 1984 in the meeting room of the Dublin Library. T III e meeting was called to order at 7 : 35 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 . CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the following were approved : Minutes of Regular Meeting of August 27 , 1984 ; Warrant Register in the amount of $150 , 400 . 40 ; Approved installation of banner by the Tri-Valley Community Fund and waived permit and inspection fees ; Approved installation of banner by Children 's Theatre Workshop and waived permit and inspection fees ; Approved installation of banner by Dublin Rotary club and waived permit and inspection fees; Awarded bid for annual street overlay program to Teichert Construction, authorized the Mayor to execute agreement and authorized a budget transfer from the street maintenance budget in the amount of $1, 500 ; Awarded bid for Annual Slurry Seal Program to Graham Contractors, Inc. , and authorized the Mayor to execute agreement ; Rejected the single bid received from Printex/Sierra Precast and authorized Staff to rebid the Village Parkway Wall project; Adopted RESOLUTION NO. 102 - 84 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4802 and authorized execution and substitution of performance bond in the amount of $275 , 000 in connection with the guarantee of work performed in Tract 4802 ; Authorized the Mayor to execute the Addendum extending the Agreement with MARC Sweeping Service . PUBLIC HEARING KAWASAKI OF DUBLIN APPEAL OF PLANNING COMMISSION ACTION On August 6 , 1984 the Planning Commission denied Kawasaki of Dublin ' s request for a Conditional Use Permit for an outside display of motorcycles at 6743 Dublin Boulevard. In denying the application, the Planning Commission CiK-3-202 September 10, 1984 t determined that 1 ) there is not adequate space on the site for the outside display of motorcycles ; 2 ) the original Site Development Review was not designed to accommodate the outside display of motorcycles; and 3 ) the outside display of motorcycles does not present a desirable appearance from Dublin Boulevard. Mayor Snyder opened the public hearing . Bill Lindsay, owner of Kawasaki dealership, addressed the Council, and gave a brief history of the events to date . Mr . Lindsay stated he was the oldest tenant in the Murco Center . Mr . Lindsay felt the Planning Director and Planning Commission were using him as a test case. - Mr .- Lindsay displayed numerous pictures which indicated many other zoningviolations. -. :.: Cm. Hegarty questioned the zoning . Planning Director Tong explained that the zoning is C-2 which requires a Conditional Use Permit.tor a .vehicle sales and storage lot and for outdoor display. Cm. Moffatt questioned if the owner of the property allows outside display. Mr . Lindsay responded that the owner is aware of his outside display and had no objections . Cm. Moffatt questioned who would be liable if someone were to be hurt as a result of the outside display of motorcycles . Mr . Lindsay said that he has insurance . mayor Snyder closed the public hearing . Cm. Jeffery stated she felt that one of the reasons for incorporation was to enforce violations which the County never enforced and that if the Council did not enforce known violations , they would be negligent . fir . Lindsay stated he felt he had a right as a motor vehicle dealer to outside display of his products . Mayor Snyder clarified that a motor vehicle dealer 's right to outside display, is "subject to approval" . On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by majority vote, the Council adopted RESOLUTION NO. 103 - 84 DENYING PA 84-035 , KAWASAKI OF DUBLIN CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE OUTSIDE DISPLAY OF MOTORCYCLES AT 6743 DUBLIN BOULEVARD Voting NO on this motion was Cm. Vonheeder . CM-3-203 Regular Meeting September 10 , 1984 PUBLIC HEARING HOTEL/MOTEL TAX At its meeting of August 13 , 1984 , the City Council discussed the imposition of a tax on transients for the privilege of occupying any hotel within the City of Dublin. The City of Dublin is the only Valley City which does not presently impose a transient occupancy tax . Mayor Snyder opened the public hearing. Don Sullivan, General Manager of Howard Johnson ' s, addressed the Council and stated their input was a matter of public record from a previous meeting. Their desire was to implement a flat rate of $2 . 00 per -room per night. Cm. Hegarty questioned if Howard Johnson ' s advertise the fact that they do not currently have a tax . Mr . Sullivan responded that ,they .-.did not . _ Cm. Moffatt asked Mr . Sullivan if they would consider a $6 . 00 or $7 . 00 per night flat rate. Mr . Sullivan responded that this would be 12 or 13% and felt this to be exorbitant . Mayor Snyder closed the public hearing . Cm. Jeffery restated her concerns related to setting the tax rate at 8% as opposed to 6�% . On motion of Cm. Hegarty, seconded by Cm. Vonheeder , and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 16 - 84 IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF The Council determined that the amount of the tax would be 8% . Voting NO on the motion was Cm. Jeffery. PUBLIC HEARING ARTS & CRAFTS FAIRS, ZONING ORDINANCE AMENDMENT On May 14 , 1984 , the City Council directed Staff to draft an ordinance clarifying the zoning regulations for Arts & Crafts Fairs. The proposed Zoning Ordinance amendment allows non-profit community groups to apply for an Administrative Conditional Use Permit for a one day Arts & Crafts Fair and a Conditional Use Permit for a multiple day Arts and Crafts Fair . The items for sale at the fair would be limited to handmade, handcrafted items for sale by the original artist . CM-3-204 Regular Meeting September 10, 1984 Crn. Jeffery questioned if this is the same ordinance that controls garage sales . Planning Director Tong explained that garage sales are really not being controlled at this time . Mayor Snyder opened the public hearing . Cm. Moffatt questioned if this could include items that are grown . Cm. Vonheeder indicated that you get into problem areas with other agencies when you allow grown products . City Manager Ambrose requested clarification as to when the Planning Director . would hear as opposed to when an application would go before the Planning Commission . The Zoning Ordinance allows the Zoning Administrator/Planning Director -to approve a CUP for a temporary use . The draft Zoning Ordinance amendment would allow the Zoning Administrator to approve a one-day event and the Planning Commission to approve a two to four day event . Cm. Vonheeder stated that the Planning Commission should act on events over one day. Cm. Jeffery requested clarification to the Ordinance that the Planning Commission would act on a CUP for events over one day. City Manager Ambrose felt the City Attorney should review and amend as necessary. Mayor Snyder closed the public hearing . On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to continued the public hearing until the apparent discrepancies between the existing and draft ordinances could be worked out . PUBLIC HEARING NEWSPAPER RECYCLING BINS ORDINANCE AMENDMENT On July 9 , 1984 , the City Council directed Staff to draft a Zoning Ordinance Amendment to address newspaper recycling bins operated by non-profit community groups . The draft Zoning Ordinance Amendment allows non-profit community groups to apply for an Administrative Conditional Use Permit for one newspaper recycling bin . For other types of recycling bins, multiple bins, or bins not operated by a non-profit community group, a Conditional Use Permit would continue to be required. Cm. Moffatt questioned if any restrictions were being placed on commercial users . Planning Director Tong explained that commercial users would require a CUP and that conditions could be applied to the permit . CM-3-205 Regular Meeting September 10, 1984 Mayor Snyder opened the public hearing . Clark Hodson, representing Boy Scout Troop 549 addressed the Council . Mr . Hodson explained that because of the high visibility and good access, over the years, people have become used to putting paper into their bins and they found this to be an excellent source of income for the Troop. They were looking forward to having the bins back and continuing as they had in the past . Discussion was held related to the length of time a permit is good for . Even though this ordinance limits a Conditional Use Permit to 1 year , the applicant can come back each year and reapply. Similar to Christmas tree lots, an applicant could operate year after year . . , Mayor Snyder questioned if it was the City ' s responsibility to notify the permit holder of expiration date . Planning Director ,.Tong .explained that the City does this as a courtesy, but it is ultimately the permit holder ' s responsibility. Mayor Snyder closed the public hearing . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 104 - 84 APPROVING PA 84-044 , ZONING ORDINANCE AMENDMENT REGARDING NEWSPAPER RECYCLING BINS and waived the reading and introduced an ordinance amending the zoning ordinance regarding newspaper recycling bins . PUBLIC HEARING GENERAL PLAN & EIR On July 31, 1984, the City Council completed its initial review of the Draft General Plan policies . The City Council directed Staff to prepare a Revised Draft General Plan with the preliminary policy decisions for City Council adoption and to advise the City Council on the need for a Supplement to the EIR. Planning Director Tong went over the changes made in the Revised Draft General Plan. The City Council reviewed the Revised Draft General Plan and made the following comments and changes : Page 1, Section 1 . 2 , last paragraph : corrected the date to 1981 Page 5 , Business Park/Industrial : Low Coverage description: questioned whether "campus-like" needed to be clarified. Page 6 , Section 2 . 0 , third paragraph : corrected the number of residents to 8 , 400 . CM-3-206 Regular Meeting September 10 , 1984 Page 7 , Table on Housing Units and Population-Primary Planning Area : corrected the total population to 22 , 100 . Page 8 , Table on Development Policies for Residential Sites.: requested clarification of description for Site 6 and Site 7 . Corrected Site 8 to 4 acres and 100 maximum units . Corrected the totals to 159 acres and 1, 735 maximum units . Page 9 , Section 2 . 2 : removed last sentence regarding sales tax figure. Page 10 , Section 2 . 2 . 2 : removed sentence regarding sales tax figure. Page 10 , Policy 2 . 3 . 4 .A : corrected to read "consider" rather than "provide" . Page 16 , Policy 5 . 2 .B : corrected to read "who .do not drive" . Page 20 , third paragraph : corrected to 159 acres._­*.­;. RECESS A short recess was called. All Councilmembers were present when the meeting reconvened. Planning Director Tong went over the changes made in the Revised Draft Housing Element . The City Council made the following comments and changes : . Page 3-1, last paragraph : corrected to 159 acres . Page 3-2 , Section 3 . 1 . 2 , first paragraph :. corrected to 15 . 6 square miles and Santa Rita Rehabilitation Center . Page 3-1, Section 3 . 3 , second paragraph: corrected to 22 , 100 residents . Page 3-41 , City Housing Goal 1 : : corrected to "encourage" rather than "provide" . Page 3-41, Section 3 . 8 . 2 , Goal 1 : corrected to "encourage" rather than "provide" . Mayor Snyder opened the public hearing . Ted Fairfield, representing several properties in the extended planning area, addressed the Council . Mr . Fairfield had the following questions and comments : 1 ) Extended Planning Area Map: suggested clarifying the residential and open space designations on the legend . 2 ) Page 7 , Policy 2 . 1 . 4 .A: suggested clarifying the term support facilities . 3 ) Page 9 , Policy 2 . 1 . 4 . C: suggested clarifying the phrase "without financial burden" , perhaps try adding the word "undue" . CM-3-207 Regular Meeting September 10 , 1984 i 4 ) Page 24 , Policy 7 . 3 .B : suggested that "prohibit" be changed to some other term, such as " restrict" or " require preservation of" . 5 ) Page 11 , Policy 3 . 1 .B and Page 24 , Policy 7 . 2 .F: suggested that the term 1130% slope" be clarified so that the term does not apply to minor surface humps or hollows . 6 ) Page 11, Policy 3 . 2 .A: requested clarification and revision to add phrase "unless as part of a request for cancellation" . Vivian Kahn, Bay Area Council stated she was in favor of having a supplemen- tal EIR prepared. Ms . Kahn expressed concern regarding housing/jobs balance . Don Redgewick , representing 160 acres in the extended planning area, expressed his opinion that support services could mean -sewer . Mr . Redgewick related concerns with the planting of trees, and also -discussed densities. Mayor Snyder closed the public hearing . On motion of Cm. Jeffery, seconded by Cm. Vonheeder , and by majority vote, the Council determined that on Page 10 , Section 2 .3 . 4 Business Parks, Implementing Policy B . , approximately 200 acres fronting along the freeway be designated as Business Park/Industrial : Low Coverage. Voting NO on this motion were Cm. Moffatt and Mayor Snyder . On motion of Cm. Jeffery, seconded by Cm. Vonheeder , and by unanimous vote, the Council directed Staff to have a Supplement to the EIR prepared and released for public review, and directed that the Revised Draft General Plan and EIR as revised by the Supplement be brought back to the City Council for adoption as soon as practical . SISTER CITY RELATIONSHIP COMMUNICATION FROM DUBLIN IRELAND The City has received a letter from Michael O'Halloran, Lord Mayor of Dublin, Ireland indicating that the Dublin Council is presently considering our City ' s request to establish a sister city relationship with Dublin, Ireland. He has indicated that he would contact our City when his Council has taken some definitive action. Lord Mayor O'Halloran has indicated that he has made arrangements to meet with Murray School District Superintendent Dick Cochran during the time that Dr . Cochran will be visiting Ireland to participate in the Dublin Marathon. The City Council discussed what they felt would be an appropriate form of greeting to send with 'Dr . Cochran for presentation to the Lord Mayor . Cm. Jeffery suggested several possibilities, including a proclamation, samples of wine from the Valley, an aerial photo of Dublin, something of historical value such as a framed front page of the newspaper on the date of incorporation or Virginia Bennett ' s historical book , children ' s art from the various schools . CM-3-208 Regular Meeting September 10, 1984 Concensus of Council was to have Mayor determine what would be sent . SHELL OIL COMPANY AGREEMENT TO MODIFY SOUTHWEST CORNER OF DUBLIN BOULEVARD @ SAN RAMON ROAD Some months ago, the City Council approved the installation of a driveway for the Dublin Shell Station located at the southwest corner of Dublin Boulevard and San Ramon Road. As part of the approval, the Shell Oil Company was to pay all costs involved with modifying the corner to remove the free right turn and install the driveway and should the driveway become a traffic accident problem, remove the driveway. Cm. Jeffery questioned the mechanism to be utilized if this doesn ' t prove to be a viable decision. -.. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 105 - 84 APPROVING AGREEMENT WITH SHELL OIL COMPANY REGARDING MODIFICATION OF SOUTHWEST CORNER OF DUBLIN BOULEVARD AND SAN RAMON ROAD Staff was directed to track statistics , and present for Council review at the end of a one year period. TRAFFIC SIGNAL SAN RAMON ROAD/ALCOSTA BOULEVARD At the regular City Council meeting on July 9, 1984 , the City Council selected a subcommittee to negotiate with representatives from San Ramon on the distribution of costs associated with the installation of a traffic signal at San Ramon Road and Alcosta Boulevard. The subcommittee met in July and discussed the positions of both cities . However , a mutually acceptable resolution was not reached between the representatives . Therefore, the matter continues to be unresolved. The City of San Ramon has requested that the Dublin City Council reconsider the proposal to share construction costs equally and San Ramon would assume 75% of the ongoing operational costs, with Dublin having responsibility for the remaining 25% . The City of Dublin is currently holding a deposit from Tract 4668 in the amount of $25 , 000 , which is to be used for this project . Cm . Jeffery felt that if San Ramon wants Dublin to pay 50% of the cost of signalization, then perhaps Dublin should receive some concessions . CM-3-209 Regular Meeting September 10, 1984 Cm. Hegarty felt that while the City ' s are arguing over this, the situation is getting worse . He felt that Dublin needed to get off the dime and do whatever is necessary to get the signal in. Cm. Jeffery made a motion which was seconded by Mayor Snyder to deny San Ramon ' s proposal and counter with an offer for Dublin to pay 25% of the cost of the signal and 25% of the maintenance costs. The motion was defeated due to NO votes cast by Councilmembers Hegarty, Moffatt and Vonheeder . Cm. Moffatt made a motion which was seconded by Cm. ' Vonheeder to accept San Ramon ' s proposal for a 500/50$ split, with Dublin paying 25% of the maintenance costs . This motion was defeated due to NO -votes cast by Councilmembers Jeffery and Hegarty and Mayor Snyder .' : On motion of Cm. Hegarty, seconded by Cm. Jeffery, "and by -majority vote, the Council directed Staff to notify San Ramon that Dublin would be willing to split the cost of the signal on a 50%/50% basis if San Ramon would pay for 100% of the maintenance costs . Voting NO on this motion was Cm. Moffatt . DESIGNATION OF ENGINEER FOR REMAINING CAPITAL IMPROVEMENT PROJECTS During its evaluation of the Engineering Contract with Santina & Thompson this year , the City Council directed Staff to bring the issue as to whether or not the City Engineer should continue to design Capital Improvement Projects subsequent to the adoption of the City's 1984-85 Capital Improvement Program. A list of the Capital Improvement Projects approved by the City Council as a part of the 1984-85 Capital Improvement Program was presented to the Council . Of those projects approved by the City Council, 28 projects required engineering services . Of those projects which required engineering services, 17 projects are either complete or in the process of being completed. Of those 17 projects in which engineering services were required, 11 projects were underway during 1983-84 . A total of 11 projects remain in which the Engineering Staff has taken no action pending a determination by the City Council as to who should perform the engineering Staff felt that Santina & Thompson should continue to design the City's Capital Improvement Projects for reasons of cost effectiveness and to maximize the coordination of the entire Capital Improvement Program. Cm. Jeffery questioned what other local engineering firms are certified with the State to administer FAU projects . City Manager Ambrose indicated he was not aware of any other local engineering firms that have the amount of experience in working with FAU that Santina & Thompson has . CM-3-210 Regular Meeting September 10, 1984 On motion of Cm. Hegarty, seconded by Cm. Vonheeder , and by unanimous vote, the Council designated the City Engineer and City Traffic Engineer to perform design and inspection work on remaining Capital Improvement Projects . ACQUISITION OF SURPLUS SCHOOL PROPERTY AMENDMENT TO PLAN - MURRAY SCHOOL DISTRICT At the regular City Council meeting on August 27 , 1984 , the City Council directed Staff to revise the City ' s Plan for the Acquisition of Surplus School Property - Murray School District . ~ . •: = The plan previously adopted was completed when the Draft General Plan was being developed . Since that time, the Council has conducted public hearings and discussed several elements including the need for open space and recreational opportunities . Included as a guiding policy is the concept of maintaining and improving outdoor recreation facilities at surplus school sites being converted to new uses . The revised plan reflects the designation of the Dolan Site. This increases the acreage available under the provisions of the Naylor Bill from 8 . 007 acres to 16 . 007 acres . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 106 - 84 AMENDING EXHIBIT "A" OF RESOLUTION NO. 75-83 ASSESSMENT DISTRICT SCARLETT COURT STORM DRAIN FACILITIES In the review of the Valley Datsun application, the Alameda County Flood Control District ( Zone 7 ) required the improvement of the open drainage channel through this site as this channel is a major line in Zone 7 ' s master drainage plan. Concurrently, Zone 7 had notified the owner of the proposed Valley Datsun site as well as the owners of the two parcels immediately behind the Valley Datsun site that Zone 7 was enforcing a deferred improvement agreement which was part of the parcel map to split this property originally to install the ultimate drainage improvements . The owner of Valley Datsun, as well as the adjacent property owner ( representing more than 60% of the land area within this proposed district ) are requesting the City to form an assessment district for the installation of these required improvements . The improvements include concrete lined ditch toward the back of the properties and an underground pipe system. Cm. Jeffery questioned the impact of this district if Proposition 36 passes . City Manager Ambrose explained that there would be no effect as this District includes capital improvements only . CM-3-211 Regular Meeting September 10, 1984 .. Cm. Vonheeder indicated she had just received a map of the area in question, and had questions related to a right-of-way that shows on the map. Steve Walker , an attorney representing Sun Valley Lumber , owner of the triangular property felt the district should include all the affected properties and not just the 3 properties . Mr . Walker indicated that because of the history of the parcels, a rather complicated situation exists, and it could go into litigation. A tentative parcel map showing parcels A, B and C was amended to show parcels A, B, C and D. Parcel D is his client ' s parcel . His client was not petitioned to form this assessment district . Mr . Walker read from a letter from Mr . Vincent Wong, Alameda County Flood Control dated July 30 , 1984 , which stated that the area benefitted by this drainage is approximately 850 acres . Glenn Kierstead addressed the Council and gave a history of his parcel . Mr . Kierstead felt the 3 parcels are responsible for :the easterly ditch only. Mr . Kierstead questioned if they would have an opportunity to pay the assessment costs directly if they should choose to do so. Steve Casaleggio, Jones Hall Hill & White, Assessment Attorney, indicated they may pay in cash without going through the bonding process . Mayor Snyder questioned if litigation would hold up work on the Datsun property. Planning Director Tong stated that Staff communication with Zone 7 indicated that Zone 7 approved of Valley Datsun entering into the Assessment District and that improvements would need to be in place prior to occupancy or use of site . City Engineer Thompson indicated that Valley Datsun could put the improvements in themselves and then sell them back to the District once it is formed. Cm. Moffatt questioned whether the City would incur any responsibility with this action . Steve Casaleggio stated that basically the answer was no; the property owners would underwrite the engineer ' s costs and the bond proceeds would cover the City ' s liability. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 107 - 84 DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE MAKING OF ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE RESOLUTION NO. 108 - 84 APPOINTING ENGINEER AND ATTORNEYS RESOLUTION NO. 109 - 84 INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS CM-3-212 Regular Meeting September 10 , 1984 TEAM BUILDING WORKSHOP The League of California Cities will be conducting special "Leadership Team Workshops" on October 18-20 , 1983 and October 24-26 , 1984 . These workshops are intended for City Councilmembers and City Managers only. The workshops _ are designed to improve the working relationships of the City ' s top management . The League has indicated that no more than 60 participants will be accepted with 40 being the optimum number , i .e. 7 to 15 cities . The League also indicated that David Jones and possibly one or two additional trainers would be working with the participants. The League has further indicated that cities attending with their entire Councils and Manager will be given preference in determining which cities will be selected to attend. The deadline for registration is October 5 , 1984 . Cm. Hegarty indicated he would rather see the City .go on :'their own . Mayor Snyder indicated he liked the League Workshop concept due to the cost savings aspect . Councilmember Hegarty was excused from the meeting at 12 :50 a.m. On motion of Cm. Jeffery, seconded by Cm. Vonheeder , and by majority vote ( Cm. Hegarty absent ) , the Council determined that it would complete the application to attend the League Workshop being held at Lake Arrowhead in Southern California on October 24-26 , 1984 . OTHER BUSINESS After School Recreation Programs City Manager Ambrose reported that the City had had registration sign-ups for the Recreation after school programs the previous Saturday at Shannon Center . Because the sign-up numbers were low, Staff requested Council direction insofar as the City subsidizing the program. Mayor Snyder did not feel that it was justifiable for a community the size of Dublin . Council consensus was that the City would make up the difference in cost in order for the program to break even through the month of October and would then take a look at whether the program will continue . EXECUTIVE SESSION At 1 . 10 a .m. , the Council recessed to closed session for the discussion of personnel matters . CM-3-213 Regular Meeting September 10 , 1984 ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 1 : 30 a .m. Mayor ATTEST: City Clerk CM-3-214 Regular Meeting September 10, 1984