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HomeMy WebLinkAbout06-10-1991 Adopted CC MinutesREGULAR MEETING - June 10, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, June 10, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. None. * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. * * * Request by Dublin Historical Preservation Association (910-40) Tom McCormick, Vice President of the Dublin Historical Preservation Association, passed out a letter from the Board of the DHPA proposing that a study group be approved to determine what would be the most suitable way for the City and local entities to promote the local history and culture. They proposed that a group be formed composed of local citizens interested in promoting Dublin. The group would devote six to nine months reviewing what other cities of a similar size and wealth do to promote history appreciation and cultural understanding and then prepare a plan for Council consideration. In addition to participation by the City and DHPA, the group should also have representation from the Dublin Cemetary Association, the Amador Livermore Valley Historical Society and the Dublin Fine Arts Council. One or two Councilmembers could act as a liaison to the group. Some of the issues are of the type that they need a facilitator or existing Staff that might be available would be welcome, as they could use someone to help organize the meetings and the agendas. They requested that $5,000 be appropriated in the 1991-92 budget to pay for the cost of a Study Group Facilitator and partial cost to visit various cities that have exemplary historical cultural programs. Mr. McCormick advised that they have been a historical association for the last 16 years, and frankly, they are out of money and out of gas. They are requesting that the City determine how best Dublin history can be promoted. Mr. McCormick stated he is aware that we are in a recession and it's difficult making sure that tax funds are available. This could help promote retail sales in Dublin. Also, the question of who should hold title to the oldest buildings in Dublin should be addressed. What role should the Cemetary Association play in the property? There are obviously some legal issues. CM - VOL 10 - 210 Regular Meeting June 10, 1991 Cm. Moffatt stated he certainly felt that Dublin needs to develop its historical element in the General Plan; however, as he had discussed before to various groups, it was his suggestion that all the groups get together with the Recreation Director and try to plan out all these things as a group. This is a good concept but before it gets unbalanced, the groups should sit down and discuss how each group feels about this. This is common courtesy. Cm. Burton stated he felt Mr. McCormick had made a good report and he was glad to see him coming forth. He questioned if the other organizations had received copies of the letter. Mr. McCormick advised that the other groups are all aware of what's being suggested as they have talked about it for several weeks, but they had not been given copies of the letter. Cm. Burton questioned how the $5,000 figure was arrived at for a facilitator. Mr. McCormick stated he had many years of public service and the figure was simply a bureaucratic number which was picked. A lot depends upon how the Council directs them to proceed. A plan of action would have to be developed. Mro Ambrose pointed out that other groups are making their funding requests on June 27th at the budget hearing. Mayor Snyder asked if someone from the group could attend the budget hearing to make their request at that time. Mr. McCormick advised that DSRSD had their budget hearing that same night, but perhaps Marie Cronin could attend. Cm. Jeffery suggested that this request be submitted with all the other budget requests. The Council needs to consider all the requests at one time because there is less money this year. Cm. Burton stated even if the City gave them no money, the idea is a good one and should be developed. Someone should find out the responses of the other groups to the letter. The City would then be on track and could determine if it wants to put money toward it. He stated he would be happy to help in this regard. Cm. Jeffery pointed out that in addition to discussing money, the Council must also consider Staff time. Mr. Ambrose advised that Staff could send a letter out the next day with a copy of this proposal and ask the groups whether they would support such a proposal and if so, the City would like to get their comments back prior to June 24th. Cm. Jeffery felt the letter should also be sent to the Diocese and the Park & Recreation Commission. CM - VOL ~0 - 2~ Regular Meeting June 10, 1991 Cm. Moffatt pointed out that the Diocese had deeded the property over to the Livermore Amador Valley Historical Society, with conditions. Mr. McCormick advised that the Bishop has agreed to drop the conditions. Cm. Moffatt felt it would be a good idea to get all the groups together. It would have considerably more impact if all the groups are in agreement. He and Cm. Burton could sit in on the meeting. Cm. BUrton stated he didn't think this would come together and get to a point of needing money budgeted before next year. He did not feel that the budget will be an issue for quite sometime. Cm. Jeffery responded that even so, Staff time will be impacted. Cm. Burton suggested putting this issue on the City Council agenda for the June 24th meeting. The Council could then find out if we have a project or not. Cm. Jeffery was more in favor of informal meetings first. This is not fair to the other groups. Homework should be done first, and then the Council can consider whatever is necessary. The City has reserves for things such as this. Mr. McCormick advised that they simply want to form a study group to look at the historical aspects of the City. Cm. Howard stated she favored the informal meetings first. The Consensus of the Council was to have an informal meeting first and get responses to the letter. When it can be determined where it will go, the City can then proceed. Cm. Burton and Cm. Moffatt will attend as interested parties from the City. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Study Session Meeting of May 20, 1991 and Regular Meeting of May 28, 1991.; Accepted the City Treasurer's Investment Report (320-30) fOr Period Ending May 31, 1991; Adopted RESOLUTION NO. 47 - 91 SETTING FORTH THE INVESTMENT POLICY FOR THE CITY OF DUBLIN FOR FISCAL YEAR 1991-92 (320-30) Accepted the Finance Report (330-50) for Period Ending May 31, 1991; ^*^*A*^*^*^*^,^,^,^,^,^,^,^,^,^,^,A,^,^,^,^,^,^,^,^,^,^,^,^,^,^,A,^,^, CM -- VOL 10 -- 212 Regular Meeting June 10, 1991 Adopted RESOLUTION NO. 48 - 91 APPROVING PRELIMINARY ENGINEER'S REPORTv CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) and RESOLUTION NO. 49 - 91 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Approved Warrant Register in the amount of $771,144.69. Cm. Burton requested that the item related to the alternative utility sources be pulled from the COnsent Calendar for discussion. He qUestioned if everyone was satisfied that this is a deal that will not fall back on us. He was just a little skeptical. Mayor Snyder stated that individuals have the same option. Mr. Thompson advised that this is a way of deregulating a little bid. This group is able to buy spot gas across America. Basically, PG&E .gets the same money. The savings is the spread between the end user and the group. The agreement guarantees that we won't pay more than what we buy from PG&E. Cm. Burton stated the contract seems to have been structured okay. He just felt that the City may be stepping into an unknown. Mayor Snyder felt this was simply a chance where we might be able to save a few dollars. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 50 - 91 APPROVING AGREEMENTS BETWEEN THE CITY AND ACCESS ENERGYv AND BETWEEN THE CITY, ACCESS ENERGY AND PG&E, TO PURCHASE NATURAL GAS FROM ACCESS ENERGY USING PG&E FACILITIES (600-30) PUBLIC HEARING - NO U-TURN ON DUBLIN BOULEVARD BETWEEN GOLDEN GATE DRIVE.AND REGIONAL STREET (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that it had come to Staff's attention that the No U-Turn signs that are installed at the median break for the driveway into the Orchard SupPly parking lot (for CM - VOL 10 - 213 Regular Meeting June 10, 1991 westbound traffic) and for the driveway into Mervyn's parking lot (for eastbound traffic) are not included in the Traffic Code. These signs were installed several years ago as a safety measure, because traffic is generally too heavy to allow vehicles to safely negotiate a U-Turn at these left turn breaks. Cm. Burton questioned if this action just authorizes signs that are already there. Mr. Thompson responded that the signs were previously approved and placed, but they were not included in the Traffic Code. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING - ENEA PROPERTIES REQUEST FOR VARIANCE TO SECTIONS 2517(B)-7 & 3203(B) OF THE UNIFORM BUILDING CODE (450-40) Mayor Snyder opened the public hearing. Chief Building Official Taugher advised that in May of 1990, building permits were issued for the construction of 2 commercial buildings at 6694 and 6698 Amador Plaza Road. At the time the building permits were issued~ the plans showed an outline of a gazebo and it was indicated that it was to be built "by others"° The gazebo was not included in the permits. Mr. Taugher advised that it came to the attention of City Staff in January~ 1991 that the gazebo was under construction without a building permit. An application was subsequently submitted for a permit. The plans do not conform to the building code in that the roof is required to have a Class B fire-retardant classification and solid roof sheathing is required. The applicant is requesting a variance to permit the structure with non-treated shingles and spaced sheathing. The structure is located in the future right-of-way of the new street that is intended to parallel Dublin Boulevard. The applicant has agreed to remove the gazebo at the City's request prior to the construction of the parallel street. Mr. Taugher explained that the purpose of the fire-retardant roof is two-fold; it provides protection from ignition of the roof from flying brands from a fire occurring outside of the building and also minimizes flying brand igniting the roof of adjoining buildings if the fire occurs in the gazebo. Mr. Taugher stated it was his opinion that granting the variance will lessen the protection to property in the City and therefore recommended that the variance be denied. CM - VOL 10 - 214 Regular Meeting June 10, 1991 Cm. Jeffery questioned how close to the other buildings the gazebo is, and also, if the other buildings have fire retardant roofs. Mr. Taugher responded that the other buildings must be at least 50 feet away and they do have fire retardant roofs. The gazebo is in the right-of-way which will eventually be a street between the 2 buildings. Cm. Jeffery asked if this is a large enough structure that one could have a barbeque or a picnic in it. Mr. Taugher stated it is probably big enough for this purpose. Cm. Moffatt asked if there are any prefabricated gazebos such as this that are sold in this area. Mr. Taugher advised that it was shipped from somewhere back east, but there are gazebos sold in the area. Cm. Moffatt asked if they have fire resistant roofs. Mr. Taugher advised that if people apply for a permit, they are required to have a fire retardant roof. Cm. Moffatt questioned if he bought one of the wooden storage barnes to put in his back yard, would they normally have a fire retardant roof. He asked if he would need a permit for this. Mr. Taugher advised that if they have wood shingles or wood shake, they normally are not fire retardant because the treatment is very expensive. He would not need a permit as long as it were under 120 square feet. Cm. Moffatt asked if it was legal to sell the gazebo kits without fire retardant roofs. He asked if the roof could be treated with some kind of fire resistant stain. Mayor Snyder stated the issue is installation, not sale. Mr. Taugher responded that the treatment will only last a year or so because of the rain. Cm. Burton stated the gazebo is in a right-of-way and presumed to be temporary. It is 50 feet from a building. Outside of Dublin's code requirement, he questioned if there were any serious health and safety concerns. Mr. Taugher responded yes, there were concerns. If vandals happened to set this building on fire, it could endanger buildings on adjoining properties. Cm. Burton felt this was stretching it and you could say that about almost any building in the City. CM - VOL 10 - 215 Regular Meeting June 10, 1991 Robert Enea, 6670 Amador Plaza Road showed a site plan which illustrated where the gazebo is located. He also passed out literature from the manufacturer of the gazebo. They feel this is a miscellaneous structure rather than a building, and therefore, did not need a fire retardant roof. It was their intent that this was something being done as an additional amenity to the project to enhance the shopping center. Cm. Moffatt questioned what the building will be used for. Mr. Enea advised that it will serve as an amenity to shoppers to take a lunch break or for the general public to just go and relax and enjoy it. Fund raisers could be held there or political speeches. It is just for the general public's use. Cm. Moffatt asked if it would be lit up at night. Mr. Enea indicated that there are some lights in it and additionally, at Christmas and Easter, they would do some type of promotion around it. They will remove it whenever the City says to remove it. Cmo Howard asked if it presently has a roof. Mr. Enea advised that it did not as they were red tagged several months ago. If they modify it in any way, they void their warranty. Cm. Burton asked if they would be willing to put the liquid fire retardant on. This would not change the structure. Mr. Enea responded yes, this was one of the options they proposed to the City. Cm. Jeffery questioned the gazebo in Stroud's Plaza. Mr. Taugher advised that when that one was built, the City did not have the requirement. Our ordinance amended this section and now requires that all non-residential structures have a fire retardant roof. Mr° Enea pointed out that this is a City of Dublin ordinance, not the Uniform Building Code. Mr. Taugher advised that he was not sure what could go wrong with a gazebo that they would have to go back to the manufacturer under warranty. Mr. Enea read a lengthy detailed letter from the manufacturer which stated they have neVer had building people anywhere in the United States specify additional requirements. Mayor Snyder closed the public hearing. Cm. Moffatt felt the City's requirement could be modified in order to enhance the area. He stated he would go along with the manufacturer CM - VOL 10 - 216 Regular Meeting June 10, 1991 in that this kind of a structure does not pose any fire hazard. He would be in favor of granting a variance if they would put a fire retardant material on it. Cm. Burton questioned the procedure for approving a variance and asked if another hearing would be necessary. Mr. Taugher advised that he would prepare another resolution, and the findings would need to be listed. Mr. Ambrose advised that the Council must make the findings in order to grant the variance. Cm. Moffatt felt that if they treat the roof, it could be brought up to a Class B. Cm. Burton felt the City shouldn't give it a classification. Mayor Snyder questioned the fact of if it is treated without sheathing would it then become Class B. Mr. Taugher again advised that treatments are not permanent and questioned if the Council would require it to be retreated regularly. Cm. Jeffery stated she understands this requirement when you have walls. Because the gazebo is set between 2 buildings that have fire resistant roofs, the Council could say that there is enough protection that there is no danger. She expressed concern that they did not get a permit for the gazebo. She suggested that the Council require it to be coated every 2 years. With regard to wording the findings, Cm. Burton suggested that because it is an open building, it should be in a different classification. Generally, if you don't put walls in you have a different type of building. Mr. Taugher advised that this falls under the category of miscellaneous buildings. Ms. Silver advised that the Council could grant a variance with conditions. Enea Properties needs a variance to even have the structure in the public right-of-way because under the Code, no building or structure can be built there. The Code provides variance procedures for buildings or structures in the right-of-way. The Council discussed the logistics of the 2 required variances. Mr. Tong stated it was his understanding that the applicant was going to check on whether or not they could get the Building Code variance first. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote~ the Council approved the variance on the condition that the owner make a fire retardant roof using whatever chemicals are VOL 10 - 217 Regular Meeting June 10, 1991 necessary to bring it to a Class B roof and reapply the chemiCals every 2 years. Staff was directed to bring back the necessary resolUtion with findings approving their variance request. Mr. Tong advised that the other variance could be acted upon by the Zoning Administrator. Mr. Enea stated this was acceptable, but he was apprehensive about the interpretation of fire resistant chemicals. PUBLIC HEARING - URGENCY ORDINANCE AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO BUILDING REGULATIONS (660-20) Mayor Snyder opened the public hearing. Chief Building Official Taugher advised that when Ordinance No. 21-89, adopting building regulations was codified, reference to 'ordinance' was changed to 'chapter'. Because the provisions for administration and enforcement were placed in a separate chapter in the Dublin Municipal Code, the use of the word chapter could be interpreted that the administration and enforcement provisions contained in Chapter 7°28 do not apply to the other chapters. The proposed Ordinance will make it clear that Chapter 7.28 applies to all of the other chapters of the Building Regulations. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and on an urgency basis, adopted ORDINANCE NO. 10 - 91 AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE, RELATING TO BUILDING REGULATIONS, AND DECLARING THIS ORDINANCE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY (660-20) INITIATION OF GENERAL PLAN AMENDMENT STUDY FOR 7494 DONOHUE DRIVE-DOUGHERTY REGIONAL FIRE AUTHORITY (420-30) Associate Planner Choy advised that DRFA is considering potential locations'for rebuilding Fire Station #1, located at 7494 Donohue Drive. A study was completed in November of 1989, and the report identified a minimum .6 acre lot size to accommodate a 2-company fire station. The Current site is 15,000 sq ft, .34 acre, and is too small for the proposed exPansion. Mro Choy advised that DRFA is considering acquiring an approximate 13,680 square foot Portion of the parcel contiguous to the south of CM - VOL 10 - 9_18 Regular Meeting June 10, 1991 the existing fire station site, located at 7601 Amador Valley Boulevard. The existing fire station site has a General Plan land use designation of Public/Semi-Public Facility. The site is zoned R-S-D- 20, Suburban Residential Combining District, which allows community facilities subject to approval of a Conditional Use Permit. To eliminate a split General Plan land use designation for the existing fire station site and the proposed acquisition site (Retail/Office), Staff recommended that a General Plan Amendment Study be initiated for the existing fire station site. In addition, to eliminate a split zoning for the existing fire station site (R-S-D-20), Suburban Residential Combining District) and the proposed acquisition site (PD, Planned Development), Staff recommended initiating a rezone for both properties to the C-i, Retail Commercial, Zoning District. Mr. Choy advised that once the GPA and rezone have been initiated, public hearings before the Planning Commission and City Council will be required. The Planning Staff anticipates scheduling this item for a Planning Commission meeting in July. The GPA and rezone can be processed concurrently. Cm. Moffatt questioned if the City is allowed to make 3 changes per year. Mr. Choy advised that we can make 4 amendments each calendar year. Mr. Tong advised that we anticipate making 2 changes this year. The first change would be to the housing element ordinance as a result of the JL Construction request and this one would be the second one. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized the General Plan Amendment Study. CUSTOMER SERVICE PROGRAM (150-90) Assistant to the City Manager Texeira advised that a Customer Service Program was approved by the Council in September of 1990 with a purpose of building and improving upon the City's past accomplishments in the area of customer relations. To date~ the City Manager has met with each department to discuss customer service as it relates to the individual, the department and the City as a whole. Staff is currently reviewing several proposals from various consultants to conduct customer service training. A Customer Service Committee has been established which is comprised of representatives from each department. The Committee is: 1) planning a Customer Service Kick-Off Celebration; 2) Planning a Customer Service Motto Program; 3) Developing Employee Recognition Program Components; and 4) Developing an Employee Newsletter. A contest was held related to a City motto and the motto selected was "CITY OF DUBLIN - COMMITTED TO COMMUNITY SERVICE". The Committee has CM - VOL 10 - 219 Regular Meeting June 10, 1991 suggested that the winning motto be officially anne Customer Service Kick-Off Celebration which is tent. for June 24, 1991, at 5:30 p.m. Cm. Jeffery complimented Staff on putting together relayed a story whereby someone approached her rece she was attending in Los Angeles to advise that som to them the good service they had received from the Department. Cm. Burton stated there has been a lot of concern al that were lacking and he was impressed with the res enthusiasm. He felt this program was making a diffl worthwhile. Cm. Moffatt stated he was happy to see such a large the motto contest. On motion of Cm. Moffatt, seconded by Cm. Burton, a voter the Council approved the customer service mot OTHER BUSINESS Tri-Valley Joint City Councils Meeting Mr. Ambrose reminded everyone that Pleasanton is ho lnced at the mtively scheduled this program. She ntly at a meeting ~one had mentioned Dublin Planning bout some things ~onse and ~rence and was voter turnout for nd by unanimous to. 140-80) sting the next joint meeting of the Tri-Valley City Councils on June 20th at the Pleasanton Hilton. State Budget (330-80) Cm. Moffatt advised that he had received an urgent action letter from the League of California cities regarding comments to State Legislators related to their limiting local authorities utility user tax. This is apparently the Legislators plan to make a dent in the $14 billion + deficit. It would put a 13.5% cap on any city that might want to use a utility user tax. The League is suggesting that all cities call their Legislators to oppose this cap being placed on the utility user tax. By a consensus, the Council directed Staff to fax a letter to Sacramento opposing this. Leprechan (120-50) Cm. Moffatt suggested that the City of Dublin have some kind of a character or mascot that could go to paradeS. He requested that the City Consider investing in a Leprechan costume. CM - VOL 10 - Regular Meeting June 10, 1991 Helen Putnam Award (150-20) Cm. Jeffery advised that the Helen Putnam Awards this year are going to be slightly different. Each policy committee will be judges. There will be 3 different awards in each category instead of 1. She suggested we contact the City of Pleasanton and Alameda County and submit what was done this year regarding the joint agreements. This is one of the largest projects going on in the state and she felt we could submit it through the Transportation Committee. Cm. Jeffery stated she felt there was an excellent chance that this project could win an award this year. Recycling of Office Paper (810-60) Cm. Burton questioned how much recycled paper the City is using. Mr. Ambrose advised that there are problems with certain types of paper we use in our copy machines. Mr. Rankin advised that the City specifically requests recycled paper for use on our calendars and newsletters. We are also starting to use recycled paper for our note pads, paper towels and toilet paper at City facilities° City Newsletter-Frequency (150-40) Cm. Bruton stated he was recently surprised to learn that a lot of people don't take newspapers and questioned if the City could start making more positive comments about what the City is doing. He suggested that something go out to the homes every 2 months, and stated he realized this would be a budget item. Mr. Ambrose advised that not only money needed to be considered, but also Staff time. Cm. Jeffery advised that the School District had tried sending out publications on a regular basis. She was not sure it would be worth the expense. Mr. Ambrose indicated that with the publication of the calendar, one of the problems is coming up with something new each year. We don't try to compete with the newspapers, but rather use it as an educational tool to let people know what's happening in the City. CM - VOL 10 - 221 Regular Meeting June 10, 1991 CLOSED SESSION At 9:10 p.m., the Council recessed to a closed session to discuss personnel matters (700-20) in aCcordance with Government Code Section 54957. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. ATTEST: CM - VOL 10 - 222 Regular Meeting June 10, 1991