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HomeMy WebLinkAbout5.1 Approve 08-12-1985 Minutesii REGULAR MEETING - August 12, 1985 A regular meeting of the City Council of the City of Dublin was held on Monday, .August 12, 1985 in the meeting room of the Dublin Library. The meeting was called to order at 7: 33 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. FOUNDER' S WEEK ACTIVITIES Michal Dittrich, representing the Founder' s Week Committee , addressed the Council related to planned celebration activities that will occur in September. The celebration has., in the past , been based around retail publicity and this year, they wish to add the area of a recognition reception for founding families around the area. The reception will be held on Tuesday evening, September 24th from 6 : 00 to 9:00 p.m. , in the historic Green Store . Mayor Snyder felt that it would be appropriate for the City to participate in this event . The Committee requested that the City prepare framed proclamations to be presented to approximately 18 familes that have been identified. Also suggested was that Mayor Snyder and Vice Mayor Hegarty act as a subcommittee to work with others on this project . On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council agreed to participate in this Founder' s Week event by preparing and framing the necessary proclamations at a cost of approximately $50 each plus postage costs involved. FRIENDS OF THE DUBLIN LIBRARY Mary Gibbard, President of the Dublin Friends of the Library , thanked the City Council for allowing the additional library hours. Ms . Gibbard expressed concern regarding the development that is occurring and what effect this will have on library useage . The library is in need of audio/visual equipment and she felt the developers should contribute to the Dublin Library. CM-4-160 Regular Meeting August 12, 1985 FOOD IRRADIATION William Pennington, Portage Road, addressed the Council and expressed concern regarding the propbsed food irradiation being planned for Dublin. Mr. Pennington stated he wished to go on record as being totally against this type of operation locating in Dublin. Mayor Snyder indicated that no agreement has been reached between the Department of Energy and National Food Processors Association. The Council cannot respond until an application is received and when and if this occurs , a lengthy public hearing process will allow anyone to speak on this subject . At this time , the Council as well as the public can only speculate . ALLERGY CONDITION Ms . Peggy Weaver, Milbrook Avenue , addressed the Council regarding the City' s beautification projects currently underway, most specifically, the planting of many many new trees . Ms . Weaver suffers from an asthmatic condition and reported that this Valley is one of the worst areas around for those who suffer from allergies . Ms . Weaver feels that allergy conditions will be worsened by all the new trees being planted. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote , the Council took the following actions : Approved Minutes of Regular Meeting of July 8 , 1985 and Regular Meeting of July 22 , 1985 ; Adopted RESOLUTION NO. 74 - 85 ACCEPTING AND DIRECTING THE CITY CLERK TO EXECUTE PRIVATE VEHICLE ACCESSWAY AGREEMENTS FOR THE ARBOR CREEK PROJECT (TRACT 5131 ) SUBDIVIDED IN CONJUNCTION WITH PA82-033 .1(R) PLANNED DEVELOPMENT REZONING Authorized Staff to request bids on Contract 85-4, Annual Street Overlay Program; Authorized the purchase of a used vehicle for use by the drug investigative unit ; Approved Soroptimist International of Dublin' s request for a parade permit to have a combination 5K and 10K Founder' s Day Fun Run; CM-4-161 Regular Meeting August 12, 1985 Adopted RESOLUTION NO. 75 - 85 AMENDING THE CLASSIFICATION PLAN (Finance Technician) and RESOLUTION NO. 76 - 85 AMENDING THE SALARY & BENEFIT PLAN (Finance Technician Salary Range ) Denied claim submitted by Pacific Bell and directed Staff to refer to the City ' s Insurance Carrier; Approved the City Treasurer' s Investment Report for period ending July 31 , 1985 ; Adopted RESOLUTION NO. 77 - 85 APPROVING A JOINT POWERS AGREEMENT FOR THE EXCHANGE OF CITY OF MADERA FEDERAL AID URBAN FUNDS FOR DUBLIN GENERAL FUNDS Approved Warrant Register in the amount of $263 , 070. 86. Discussion was held relative to the following item which was pulled from the Consent Calendar. Cm. Jeffery felt the dollar amount requested ($2 , 500) to open a special investigative fund for drug related activities was too low and should be raised to $5 , 000. If the dollar amount is too low, the police department may lose an opportunity to help rid the community of the drug problem. Mayor Snyder felt that the signature requirement on the account should also include the City Manager. The checks could then be signed by either the Police Chief or the City Manager. Mayor Snyder further stated he felt the funds should be placed in an interest bearing checking account . Cm. Moffatt questioned the refunding methods that will be used. On motion of Cm. Moffatt , seconded by Cm. Jeffery, and by unanimous vote , the Council authorized the Police Chief to open an account to establish a revolving special investigative fund of $5 ,000, and approved a budget transfer in the amount of $2 , 500; Relative to the following item which was removed from the Consent Calendar, on motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote , the Council authorized the Mayor to execute an Agreement relating to the dedication of open space and maintenance thereof within Tract 4719 , Dougherty Hills . CM-4-162 Regular Meeting August 12, 1985 TRI-VALLEY COMMUNITY FUND REQUEST TO WAIVE RENTAL RATES The Tri-Valley Community Fund has requested the use of Shannon Center on September 19, 1985 for their annual fundraising campaign kickoff reception and is requesting that the rental charge be waived. . The Tri-Valley Community Fund is a non-profit , tax exempt charitable fund established to provide a stable source of funding for agencies which provide educational , cultural , health, recreational and human care services in the communities of the Tri- Valley area. Cm. Jeffery indicated that rather than the event being a fund-raiser, it is to say thank you to all the committee members . Ms . Jeffery felt this was an appropriate request . On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote , the Council agreed to waive the fees for the use of Shannon Center on September 19, 1985 by the Tri-Valley Community Fund. PUBLIC HEARING TWO-HOUR TRUCK PARKING ORDINANCE AND REPORT REGARDING TRUCK STORAGE Mayor Snyder opened the public hearing. At the regular City Council meeting on June 24, 1985 , the City Council directed the City Attorney to develop an ordinance to restrict the extended parking of commercial vehicles . A public hearing was conducted at the regular meeting on July 8 , 1985 . The City Council continued the hearing until August 12, 1985 to allow Staff to gather additional information and to give independent owner operators an opportunity to evaluate alternative parking arrangements . Staff contacted the surrounding cities to determine their experience and steps they have taken to address similar situations . Staff also contacted former Alameda County Supervisor Valerie Raymond re- garding the evaluation of truck facilities conducted during her term. Ms . Raymond indicated that a formal report was never completed and that the initial efforts involved discussions with some of the individuals involved . One site which was looked at was the old hospital site adjacent to Santa Rita. The property is located adjacent to Tassajara Road and had some paving. However, the County has now begun future planning for its property and this use may not fit into their overall plan. Ms. Raymond indicated that her recollection was that the review showed that the long-term problem would be addressed most appropriately at such time as a facility were developed. This would either occur through operators purchasing and developing a storage facility, or if private development reached a point where they determined that it was economically feasible to respond to the market demand. CM-4-163 Regular Meeting August 12, 1985 Staff contacted Ms . Carol Keller who testified at the public hearing on July 8, 1985 and has actively pursued a search for potential sites . Staff also reviewed the availability of space at American City Truck Stop in Dublin. The Manager has indicated that at the present time , they are only providing storage facilities for Admiral Van Lines . This company is plan- ning to submit an application in the near future to construct a warehouse and parking area for their operations . It is anticipated that once that construction is complete , American City will have spaces available for truck parking. The proposed ordinance was developed to respond to complaints received from areas where long term parking is occurring. Also , the review by the City Traffic Engineer cited five specific concerns which support the need for restricting the parking of commercial truck parking. The areas discussed in the report include : safety, congestion, decreased pavement life and aesthetics . The proposed Ordinance would allow for two-hour parking in order for operators to avail themselves of adjacent services. The current Ordinance already places a two-hour restriction on the parking of these vehicles in residential areas . This Ordinance would extend these provisions to commercial and industrial areas . The Traffic Engineer has recommended posting advisory signs at key entry points to the City. Cm. Jeffery questioned the time line for the Admiral Van Lines application. Sr. Planner Gailey indicated that the application had just been received last week and it would take approximately 8-12 weeks to get to the public hearing process . Ms . Carol Keller addressed the Council and indicated that she has taken many steps to try to find alternative parking. The group she represents requested that the City Council either consider putting a moratorium on the proposed ordinance until they receive word regarding public lands ; or allow Dublin truckers only to park in Dublin through some type of a permit . Fred Lotsie , Sunwood Drive , addressed the Council and indicated that he has been a trucker since 1964. Mr. Lotsie referred to a petition on which they had gathered 600-700 signatures , all of whom they assumed were registered voters. Mr. Lotsie reported that a 1% acre site of the Pleasanton Fairgrounds , located at the corner of Valley and Bernal Avenues has been identified as a possible parking location. This site would contain approximately 20 parking spaces .. Mayor Snyder felt that Dublin should seek the cooperation of Livermore and Pleasanton, as truck parking is not a problem unique to Dublin. Cm. Hegarty asked if the majority of the truckers work through brokers and also if they felt that $150 per month was reasonable for a parking space . The response was that they felt $150 per month to be outrageous . CM-4-164 Regular Meeting August 12, 1985 Peggy Weaver, Milbrook Avenue , representing Super Chief Trucking felt that the problem exists only in California. The truckers represent small businesses that bring revenue into Dublin, and as such, she felt they deserve - consideration. Rich Enea, representing Enea Plaza, questioned if Amador Plaza Road is considered an industrial area. Trucks are parking there and it is a imposition to have these trucks use their parking lot to turn around. Mr. Enea passed pictures around showing damage that trucks have done to Amador Plaza Road. When Bedford Properties prohibited the commuters from using their lot , the commuters moved to Golden Gate Drive , and the truckers had to move to Amador Plaza Road. Beth Grant DeRoos , Deervale Road , stated that this is certainly not a recent problem, but one that goes back a long time . Indentations on her street are still evident from past parking of large trucks. Truck parking creates a dangerous situation in that cars must pull out into the street before they can see . Ms . DeRoos felt the City should be looking 5 years down the road when thousands of houses will be built . A long term solution should be sought rather than a short term remedy. Cm. Moffatt questioned how many individual truckers reside in Dublin. Ms . Keller responded that there are approximately 15 of which she is aware . A lot of the truckers that use Dublin streets for parking are from San Ramon. Mayor Snyder felt the group should write to Supervisor Campbell and ask to be allowed to park at the fairgrounds site at whatever fee they feel to be appropriate . Rich Enea questioned what would happen if the fairgrounds committee says no . Mayor Snyder indicated that the Council could not speculate , but a date could be set at which time the issue could be brought back. Mayor Snyder closed the public hearing. Cm. Vonheeder felt that this group had done a tremendous amount of work on their own in trying to resolve this situation. She felt the City should give them more time to try to arrange for Federal or County land. Cm. Jeffery felt that in addition to the fairgrounds property, consideration should also be given to other properties owned by Alameda County that is just sitting. In the event that space cannot be found, Cm. Jeffery felt that perhaps we should look at allowing parking during non-business hours only. Cm. Jeffery felt that if the City adopts a law, we should at least know that there are options available to these people . On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote , the Council agreed to continue discussion of this item until the regular meeting of October 14, 1985 . Mayor Snyder also indicated he would bring this item up for discussion at a future Alameda County Mayor' s Conference . CM-4-165 Regular Meeting August 12, 1985 RECESS A short recess was called. All Councilmembers were present when the meeting was reconvened. PUBLIC HEARING BEDFORD PROPERTIES PLANNED DEVELOPMENT REZONING Mayor Snyder opened the public hearing. On July 22, 1985 , the City Council adopted a resolution approving the Bedford Properties Planned Development Rezoning and introduced an Ordinance amending the Zoning Ordinance . The application involves Industrial Business Park uses and a sign program for 11 buildings being constructed at Sierra Court and Sierra Lane . No public comments were made . Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote , the Council waived the reading and adopted ORDINANCE NO. 17 - 85 AMENDING ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN (Bedford Properties ) PUBLIC HEARING SAN RAMON ROAD SPECIFIC PLAN ASSESSMENT DISTRICT NO . 84-1 Mayor Snyder opened the public hearing. The approved development plans of Town & Country Shopping Center (Jeha) and Morrison Homes condominium development provide for the extension of Amador Valley Boulevard west of San Ramon Road. The cost of the public improve- ments are being paid for by an improvement district consisting of surrounding properties . At the regular City Council meeting on July 8 , 1985 , the City Council awarded the contract to construct the extension of Amador Valley Boulevard to Redgwick Construction, Inc . The location of the new roadway will require the acquisition of private property. State Law requires the property owner be offered just compensation for the property. The City Attorney has contacted the owners of the affected properties. The cost will be paid fully by the Assessment District . CM-4-166 Regular Meeting August 12, 1985 The City Council must make three findings related to the project . The determinations include : a) The public interest and necessity require the project ; b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury ; and c) The property sought to be acquired is necessary for the project . The City Attorney indicated that provided that the property owners agree to accept the offer of compensation, an eminent domain proceeding will not have to be filed. However, it is important for the City Council to adopt the Resolution to assure construction of the improvements in a timely manner. The adoption of the Resolution will allow the City Attorney to take necessary steps to acquire the necessary right-of-way. City Attorney reported that a dollar figure had been offered to the 2 affected property owners . Town & County has indicated they will formally accept the City' s offer. No response has been received from the Nichandros family to date . Mr. Nichandros was present in the audience and indicated he is not protesting the value , however, felt that the front portion should be compensated at a higher rate commensurate with the loss of the land. They indicated they did not intend to have the City proceed with eminent domain proceedings . City Attorney Nave reported that the City can rescind this resolution at a future date . The Council made the necessary findings : a) the public interest and necessity require the Project ; b) the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c ) the property sought to be acquired is necessary for the Project . Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote , the Council adopted RESOLUTION NO. 78 - 85 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT NO . 84-1 PUBLIC HEARING NO PARKING ZONE ON DOUGHERTY ROAD Mayor Snyder opened the public hearing. The Traffic Engineer has reviewed the need for no parking restrictions on Dougherty Road, north of Sierra Lane . The need for restrictions was evaluated as a result of a complaint relating to sight distance for northbound Dougherty Road vehicles turning from Sierra Lane. CM-4-167 Regular Meeting August 12, 1985 The proposal would eliminate parking on the west side of Dougherty Road north of Sierra Lane to improve the sight distance and thereby improve the safety at that intersection. This proposed prohibition of parking extends for a length of 668 feet from the intersection and will remove approximately 28 parking spaces . The proposed red curb would front 6000 Dougherty Road (Amador Valley Lanes) and 6100 Dougherty Road (Dublin Mini Storage) . The General Manager of Amador Lanes and the Manager of Dublin Mini Storage both favor this proposal and indicated that their businesses do not need on- street parking. Cm. Vonheeder questioned the situation on the east side of Dougherty Road. City Traffic Engineer Kinzel stated that the problem doesn' t exist on the other side . Mayor Snyder closed the public hearing. On motion of Cm. Hegarty , seconded by Cm. Jeffery, and by unanimous vote , the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 18 - 85 ESTABLISHING TRAFFIC REGULATIONS (No Parking Zone - Dougherty Road) PUBLIC HEARING ESTABLISH YIELD RIGHT-OF-WAY AT INTERSECTION OF DUBLIN BOULEVARD AND VILLAGE PARKWAY Mayor Snyder opened the public hearing. Yield signs are proposed at two locations where there are presently free right turns at the intersection of Dublin Boulevard and Village Parkway. Yield signs would be placed to control right turns on the northeast corner (adjacent to Wendy ' s) and the southeast corner (adjacent to Carl ' s Jr. ) . These signs will require drivers making right turns to yield the right-of- way to through traffic . This assignment of the right-of-way will provide for enhanced traffic flow. The Traffic Engineer has made this recommenda- tion after conducting a review of the intersection. The installation of yield signs will control right turn movements which may conflict with protected movements at the intersection. Cm. Jeffery questioned the recommendation of a yield sign rather than no right turn on red. Traffic Engineer Kinzel explained that due to the free turn movements , a yield situation is more workable . Cm. Vonheeder felt the corner near McDonalds could use some type of control as this also is a dangerous corner. Mayor Snyder closed the public hearing. CM-4-168 Regular Meeting August 12, 1985 On motion of Cm. Vonheeder, seconded by Cm. Moffatt , and by unanimous vote , the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 19 - 85 ESTABLISHING TRAFFIC REGULATIONS (Yield Right-of-Way @ Dublin Boulevard & Village Parkway) PUBLIC HEARING NO PARKING AND LIMITED PARKING ZONES ON DUBLIN BOULEVARD Mayor Snyder opened the public hearing. The Traffic Engineer has reviewed the need for parking restrictions on the north side of Dublin Boulevard approaching Village Parkway. The review was initiated to determine whether traffic flow could be improved in the area and as a result of a complaint regarding the sight distance for vehicles exiting the DSRSD driveway. This site is located on the north side of Dublin Boulevard between Clark Avenue and Village Parkway. At present , red curb exists on the north side of Dublin Boulevard near Village Parkway and near Clark Avenue , but there is a section between these where parking is allowed. The Traffic Engineer noted that parked vehicles cause difficulties for vehicles entering and exiting driveways. It was also pointed out that this proposed reb curbing will create more traffic capacity on the westbound approach to the Dublin Boulevard , Village Parkway intersection. Business owners in the Big-O-Tire complex, however, expressed the need for on-street parking during peak business hours (usually Saturdays) and this need was confirmed by a TJKM parking survey. As a solution, TJKM recommeded that red curb be provided on the north side of Dublin Boulevard from Village Parkway to Clark Avenue with the exception of an area east of the Big-O-Tire Store where "No Parking except Saturdays" signs would be installed. They have recommended this as an interim measure . The approved plan line for Dublin Boulevard would eventually require the removal of all parking on the north side of Dublin Boulevard to provide a travel lane . The issue of determining whether replacement parking is available elsewhere will have to be examined at the time that a complete prohibition is required . Cm. Moffatt questioned the disposition of the telephone near the roadway. Staff indicated they would contact the telephone company regarding the possibility of relocating the phone .- Traffic Engineer Kinzel explained that it is mostly employees who park in front of the Big-O-Tire store . The sheltering that big trucks offer is offset by people trying to get in and out of the driveways . Mayor Snyder closed the public hearing. CM-4-169 Regular Meeting August 12, 1985 On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote , the Council waived the reading and adopted on an urgency basis - ORDINANCE NO. 20 - 85 ESTABLISHING TRAFFIC REGULATIONS (No Parking Zones - Dublin Boulevard) PUBLIC HEARING HATFIELD DEVELOPMENT CORPORATION/INVESTEC , INC . PLANNED DEVELOPMENT PREZONING, ANNEXATION & SITE DEVELOPMENT REVIEW Mayor Snyder opened the public hearing. Hatfield Development Corporation/Investec , Inc . , has submitted a Site Development Review application covering 175 single family residential lots (70 + acres) and two open space parcels (18 .6+ acres ) . Collectively this project is comprised of Tentative Maps 5072 , 5073 and 5074, which are subsidiary maps to Tentative Map 4859. The project includes 46+ acres which are outside of the western boundary of the City of Dublin. The application is requesting that the City of Dublin file an application with the Alameda County Local Agency Formation Commission to initiate annexation proceedings involving this portion of the project . Concurrently, the developer has requested that the City prezone to a Planned Development District this portion of the project . These applications were considered by the Planning Commission at the hearing of July 15 , 1985 . During the course of that meeting, no major issues emerged. The revised language contained in Conditions #15 , 17 and 23 was discussed . Emil Dennis , Architect for Hatfield Development Corporation displayed floor plans for Council viewing. Mr. Dennis explained that the houses will contain between 2 , 000 and 2 ,830 square feet and will be priced from $219,000 to $280, 000. John DeHorn, Wilsey & Ham Consulting Engineer discussed Condition #3 related to rear yard depth requirements . Mr. DeHorn explained that they were having minor problems with the 15 feet of level yard requirements on a few of the lots . Mr. DeHorn submitted a modified plan whereby several lots would contain 3 or 4 feet less than the required 15 feet rear yard depth. Mayor Snyder closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote , the Council adopted CM-4-170 Regular Meeting August 12, 1985 RESOLUTION NO. 79 - 85 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR A PLANNED DEVELOPMENT PREZONING AND ANNEXATION REQUEST INVOLVING 46 + ACRES GENERALLY LOCATED WEST OF THE CITY AND A CONCURRENT SITE DEVELOPMENT REVIEW REQUEST INVOLVING THE SUBJECT 46 + ACRES AND AN ADDITIONAL 43 + ACRES LYING WITHIN THE CITY OF DUBLIN COLLECTIVELY REQUESTED UNDER PA85-.035 and HATFIELD DEVELOPMENT CORPORATION/INVESTEC, INC . RESOLUTION NO. $0 - 85 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT PREZONING FOR A 46 + ACRE SITE CONCERNING PA85-035 .1 HATFIELD DEVELOPMENT CORPORATION/INVESTEC , INC . and RESOLUTION NO. 81 - 85 DIRECTING CITY OF DUBLIN STAFF TO MAKE APPLICATION TO THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION FOR APPROXIMATELY 46 ACRES GENERALLY LOCATED WEST OF THE CITY OF DUBLIN INVOLVED IN THE PLANNED DEVELOPMENT PREZONING REQUEST FILED UNDER PA85-035 . 2 BY and HATFIELD DEVELOPMENT CORPORATION/INVESTEC , INC . RESOLUTION NO. 82 - 85 APPROVING THE SITE DEVELOPMENT REVIEW APPLICATION PA85-035 . 3 HATFIELD DEVELOPMENT CORPORATION/INVESTEC , INC . with changes recommended by Staff to Conditions #15 , 17 and 23 and the changes discussed with regard to Condition #3 ; and waived the reading and INTRODUCED an ordinance amending the Zoning Ordinance to permit the prezoning of real property located to the west of the existing City limits . PUBLIC HEARING APPEAL OF PLANNING COMMISSION DENIAL VEACH/TULLOCH CONSTRUCTION, INC . , CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, BOARD & MOTOR MART, GOLDEN GATE DRIVE Mayor Snyder opened the public hearing. Tulloch Construction Company, applicants and Jay Veach, owner are requesting the City Council overturn the decision of the Planning Commission to deny PA85-007.1 and . 2 , a Conditional Use Permit and Site Development Review request for a proposed Boat and Motor Mart with short term exterior storage of boats at the southeast terminus of Golden Gate Drive . Under the applicant ' s revised submittal , the proposed development would provide for a CM-4-171 Regular Meeting August 12, 19$5 I two-story mixed use project on a 2 . 5+ acre parcel zoned C-2 , General Commercial District . The applicant is proposing construction of a 61 ,920 + square foot two-story commercial structure with 20 , 800 + square feet of second story office space , 22 ,080 + new square feet of first floor retail shopping '-bulk retail/service commercial space and 10 ,300 + net square feet of display showroom space for the boat sales area. This item was initially heard at the Planning Commission meeting of July 1 , 1985 . The July 1, 1985 Staff Report for this Conditional Use Permit and Site Development Review request recommended the Planning Commission conditionally approve the project . During the course of the public hearing for this item, the Planning Commission expressed their collective reservations about being able to make the required findings regarding the project ' s compatibility with the City', s General Plan. Specifically, the Planning Commission was concerned that the ', project was not consistent with the General Plan policy to intensify downtown ,Dublin. Concerns were also voiced as to the implications and project compatibility with the Bart Parking overlay shown on this site in the General Plan. Concerns were also voiced as to the implications and project compatibility with the BART parking overlay shown on this site in the General Plan. Additional concerns were voiced about what the ultimate findings and recommendations of the recently appointed Downtown Improvement Study Committee would be regarding this property and whether the proposed use would be consistent with their findings and recommendations . Based onl,these reservations , the Commission directed Staff to return to the July 15 , '19$5 Planning Commission meeting with- a draft resolution facilitating a decision to deny the subject project . Jay Veach addressed the Council and explained that they hope to attract marine related activities in the office portion as well as the retail portion of the building. They were considering a marine insurance office and possiblyla travel agency. Senior Planner Gailey explained that Exhibit C , Page 3 , Condition 1 addresses short term exterior displays and Staff was recommending this be approved for one yearias displaying outside merchandise could be misused. Cm. Vonheeder felt that perhaps tenants could each apply for their own CUP for outside displays . Cm. Hegar;ty felt that the appropriate time to deal with this issue was now and the City should either allow outside displays or prohibit them. Mayor Snyder closed the public hearing. Mayor Snyder indicated that if the Planning Commission felt this should be considered after the the Downtown Improvement Study Committee completes its study, almoratorium would need to be placed on every development issue that comes up .l Mayor Snyder felt such a moratorium would be inappropriate and further indicated he saw no problem with this application and useage . Cm. Hegarty indicated his concurrence , however, he did have concerns related to outside displays . CM-4-172 Regular Meeting August 12, 1985 Cm. Vonheeder felt the useage falls within the concept of the General Plan. ' On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council adopted RESOLUTION NO. 83 - 85 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA85-007 VEACH/TULLOCH CONSTRUCTION, INC . and RESOLUTION NO. 84 - 85 APPROVING PA85-007.1 and . 2 VEACH/TULLOCH CONSTRUCTION, INC . , REQUEST FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A PROPOSED BOAT AND MOTOR MART AT THE SOUTHEAST TERMINUS OF GOLDEN GATE DRIVE PUBLIC HEARING LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 83-2 (TRACT 4719) LEVY OF ASSESSMENTS FOR FISCAL YEAR 1985-86 Mayor Snyder opened the public hearing. The City Council has formed Landscaping & Lighting Assessment District 83-2 for the maintenance of landscaping within Tract 4719 (Stagecoach Road and the Amador Lakes Mini-Park) . Since that time , Lot #151 within this tract has been subdivided into three lots under Tract 5180. . This refers to the subdivision of the Amador I.,akes Condominium project . As a result of this change , it will be necessary to amend the original assessment diagram. The assessments will be spread proportionately over these three lots based on the number of units in each lot . Also , the owners of the properties within the District , Beck Properties and Amador Lakes Associates , have requested that the maintenance of Lot #153 be included in the District . This lot represents the 90 acre open space which has been offered to the City of Dublin pursuant to a separate agreement . Beck Properties has also requested that the District include the rear yard slopes fronting Agate Way and Coral Way. These slopes are found in Tract 4719 adjacent to Lots #80 througi;. #86 and #37 through #48. These changes in the Assessment Diagram have been reviewed by the City Engineer and found to be appropriate . In the case of the new areas which are added , the developers must dedicate to the public through easement or fee title , in order for them to be maintained with the Assessment District 83-2 funds . The developers have indicated their agreement with this .requirement . 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 adopted CM-4-173 Regular Meeting August 12, 1985 RESOLUTION NO. 85 - 85 APPROVING ENGINEER' s REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT and RESOLUTION NO. 86 - 85 AMENDING THE SCOPE OF WORK FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 ( TRACT 4719) PUBLIC HEARING STREET. LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 1985-86 LEVY OF ASSESSMENTS Mayor Snyder opened the public hearing. In 1983 , the City Council formed a Citywide Street Lighting Assessment District to replace the County of Alameda Lighting Service Area. On August 13 , 1984, the City Council approved the Annual Engineer' s Report and ordered the levy of assessments for the first time . On June 24 , 1985 , the City Council adopted a resolution approving the preliminary Engineer' s Report for 1985-86, and a resolution appointing this meeting of the City Council as the time and place for hearing protests in relation to the proposed assessments . The final recommended District budget for Fiscal Year 1985-86 is $141 ,439. This budget has been adjusted from the preliminary figures to account for final expenditures and assessments . No public comments were made . Mayor Snyder closed the public hearing. On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the Council adopted RESOLUTION NO. 87 - 85 APPROVING ENGINEER' S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT SHANNON CENTER LEASE RENEWAL At the City Council meeting of April 22 , 1985 , the Council authorized six month extension of the Shannon Center Lease . In addition, Mayor Snyder and Cm. Vonheeder were appointed to meet with the DSRSD Liaison Committee for the purpose of discussing the future disposition of Shannon Center. At a meeting of the City-District Liaison Committee on July 10, 1985 , the Committee discussed capital improvements to the kitchen, social hall floor and stage , parking lot and deck. Also discussed was maintenance cost _ responsibility, and a Districtwide Utilization Report With regard to management fees , the District would like the City to consider forfeiting the $2 ,000 per month fee . It was pointed out that the District ' s revenues are being reduced each year and that the $24, 000 paid to the City could be better utilized elsewhere . It was the City ' s contention that the District benefits by the City ' s utilization of the Shannon Center and that it would cost the District that much or more if the building were left vacant . The District has agreed to provide a higher level of maintenance at Shannon Center if the City agrees to forfeit the management fee . The proposed lease is for two years . Discussion was held with regard to the definition of the higher level of services that the District would provide . The Council felt that the District was acting in good faith in that they have hired additional personnel to maintain Shannon Center. City Manager Ambrose pointed out that the terms of the lease agreement are specific enough that we have been able to measure the District ' s lack of response . On Page 4 , Paragraph 2 , last sentence shall be corrected to read "Specific District responsibilities shall include but not be limited to the following: " On Page 4 , Paragraph g. shall be added which states , "Maintain the grounds in a safe condition" . On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council agreed , with the changes discussed, to renew the lease for Shannon Community Center. RECESS A short -recess was called . All Councilmembers were present when the meeting was reconvened. REVIEW OF PROPOSED EAST DOUGHERTY HILLS PARK SITE On April 15 , 1985 , Ronald Nahas of Rafanelli and Nahas , Real Estate Development , received Planning Commission approval for a four-parcel minor subdivision under Tentative Parcel Map 4575 . The parcel split was requested to facilitate an option agreement the applicant had with the property owner. A specific condition of the Tentative Parcel Map was that the proposed park site be reviewed and approved by the City prior to formally recording the Parcel Map. Any changes in the park site resulting from the City' s review needs to be reflected on the recorded Parcel Map. The condition assures compliance with the General Plan policy requiring the acquisition of a minimum 5 acre neighborhood park site as the East Dougherty Hills is subdivided . CM-4-1?5 Regular Meeting August 12, 1985 On July 15 , 1985 , the Planning Commission, acting on an appeal of a Staff determination, required that a qualified park designer be hired to analyze potential land uses of the East Dougherty Hills park site . Philip Singer, Singer & Hodges , Inc . , Landscape Architecture , prepared a draft report with recommendations regarding the proposed park site . Mr. Singer' s overall recommendation is that to maximize the site ' s potential for high quality park development , the City consider excluding the Alamo Creek right-of-way, and that portion of the proposed park east of the creek and enlarging and acquiring the minimum five acre park site on the proposed park site west of the creek. Mr. Singer indicated that the following criteria should be used .to detail the park site and configuration: a) be a minimum of . five acres in size ; b ) be reasonably flat , with a majority of the site (at least 2/3 ) with slope less than 5%; c ) at least one full side of the park be accessible from a public street ; d) park site should have good visibility from at least two sides for access , surveillance , parking and similar purposes ; e ) site should have suitable soil conditions for establishing lawn and facilities . Lengthy discussion was held regarding the merits of each of the two pro- posals . The Council felt that the issue of maintenance to the creek area was not sufficiently answered. If the City accepts the creek and opens it for recreational activities , would the City become responsible for maintenance as well as liability? City Manager Ambrose questioned his concern regarding the issue of the creek. Past experience with Flood Control Agencies has been that if you don' t meet their standards , they don' t accept the creek, and therefore , the City would be responsible for not only liability but maintenance . Staff has not received a clear answer with regard to this particular instance in that if the City accepts the creek and opens it up for recreational activities , would Zone 7 still accept the rest of the creek through the rest of the develop- ment , and maintain it to Zone 7 standards . Cm. Vonheeder felt that the City, as well as the developer should communicate with Zone 7 to clarify its position. Cm. Vonheeder stated she would hate to see the City lose the opportunity to have a beautiful creek as part of a recreational setting, because of the potential for liability. Since the primary access is on the lower side of the creek, the creek could still be incorporated into the park without accepting the 1 .6 acres to the east of the parcel . City Engineer Lee Thompson clarified that in order for this proposal to be workable , the developer would need to acquire the Campbell property fronting Dougherty Road. Mr. Nahas indicated they are still negotiating with Mr. Campbell . Since this property is required for the realignment of Dougherty Road , Mr. Campbell must either sell the property to Nahas & Rafanelli or to the City, through a condemnation process. CM-4-176 Regular Meeting August 12, 1985 On motion of Cm. Vonheeder , seconded by Cm. Hegarty, and by unanimous vote , the Council conceptually accepted the park design by Rafanelli & Nahas , agreed to credit Nahas with no more than 5 acres and the City will receive not less than 5 acres for a park site, excluding the 1.6 acres , contingent upon the purchase of the Campbell property. APPROVAL OF PARCEL MAP #4575 As part of the developer' s option agreement for purchase of the subject property , from Larry Lee , certain actions had to take place by certain times . The approval of the Tentative Parcel Map was one of the mileposts , as is the approval of the Final Parcel Map. The Parcel Map will divide the property into four parcels , three of which are being separated by physical barriers (Alamo Creek and Amador Valley Boulevard) . The fourth parcel is set aside for a future park which will be dedicated to the City once the first subdivision is approved. This parcel is on the north side of Amador Valley Boulevard. This Parcel Map will not approve any specific development . The parcels proposed reflect natural physical boundaries . Given the fact that a specific development plan is not being approved with this map , right-of-way dedications and construction of improvements are not required at this time . On August 5 , 1985 , the Planning Commission and Park & Recreation Commission conducted a joint meeting and recommended that the location include 5 full acres to the west of the Alamo Creek bank. The park issue may be further discussed and revised through subsequent subdivision maps. An action approving a Parcel Map at this time will allow the developer to proceed with his purchase of the property in parcels . Also , it will establish the minimum park standards and assure the City of ownership of the park site with the first development to the north of Amador Valley Boulevard and west of Doughery Road to the top to the ridge . On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council adopted the Resolution approving Parcel Map 4575 , containing Parcel Map A. Also , the City Council declared that Parcel 4 of the adopted Parcel Map is reserved as a park site . Staff advised the Council that their previous action should be implemented through the parcel map process by a condition establishing the Council ' s intent with regard to the park. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the previous motion was withdrawn. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council adopted, with condition incorporated CM-4-177 Regular Meeting August 12, 1985 RESOLUTION NO. 88 - 85 ACCEPTANCE OF FINAL PARCEL MAP TRACT NO . 4575 and RESOLUTION NO. 89 - 85 NOTICE OF RESERVATION OF PARK SITE OTHER BUSINESS Letter to Murray School District City Manager Ambrose reported that the Murray School District felt that it would be helpful if the City prepared a letter of intent related to the Fallon School site and Kolb Park. Mr. Ambrose asked that the Council review a drafted letter basically reiterating the City' s interest in acquiring 5 acres of the Fallon School site for a park, including the existing Kolb Park Tennis Courts . Also stated is the City' s interest in owning and maintaining the Fallon School Multi-Purpose Room as a Senior Citizen' s Center. PERS Coverage for Elected Officials Cm. Moffatt indicated he had circulated a letter requesting that the City take another look at the PERS options for City Councilmembers . Council consensus was to agendize this item for further consideration. Recognition for Volunteers Cm. Hegarty reported that sometime ago , the Council approved $3 , 400 to be spent in recognition of the City ' s volunteers . Cm. Hegarty indicated the committee had been working on this project and now wished to have this amount increased to $5 ,000. On motion of Cm. Vonheeder , seconded by Cm. Moffatt , and by unanimous vote , the Council agreed to an additional $1 ,600 for the awards and dinner honoring the City ' s volunteers and authorized a budget transfer in that amount from the Contingent Reserve . CM-4-178 Regular Meeting August 12, 1985 ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 12 : 50 a.m. Mayor ATTEST: City Clerk CM-4-179 Regular Meeting August 12, 1985