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HomeMy WebLinkAbout11-13-1989REGULAR MEETING - NOVEMBER 13~ 1989 A regular meeting of the City Council of the City of Dublin was held on Monday, November 13, 1989, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:34 p.m., by Mayor Paul Moffatt. ROLL CALL PRESENT: Moffatt. Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. Introduction of New Employees Planning Director Larry Tong introduced Planning Intern Charlie Haimes, who is a senior at U. C. Berkeley. ~ Police Chief Jim Rose introduced two new Deputies, James T. Jukich and David J. Nyberg. Presentation of Civic Center Flag C°uncilmember Jeffery Presented the first flag to fly at the Civic Center to Harris Koenig of National Medical Enterprises. N.M.E. was successful bidder for the flag at a Stepping Out charity auction. Request for Citizens Advisory Committee - East Dublin Marjorie LaBar, resident of 11707 Juarez Lane and President of Preserve Area Ridgelands Committee, requested that the City CounCil consider appointing a citizens advisory committee to assist Staff in the studies regarding East Dublin. Ms. LaBar stated that planning discussions should be open to all residents and that it was important to get input from all facets of the Dublin population regarding formation of ~he General Plan Amendment. $%>$% Regular Meeting CM-8-325 November 13, 1989 Carolyn Morgan, Doolan Canyon Road, asked whether the CitY would seriously consider a proposal formulated by the residents of Doolan Canyon and whether they would be given as much Staff time and cooperation as the sponsoring property owners. Mayor Moffatt responded that the City Council would have to decide the issue and that Ms. Morgan would need to contact the Planning Director to determine the proper procedure. Ms. Morgan asked whether the Doolan Canyon residents would be given as much Staff time dollar-wise. Mayor Moffatt stated that this would be up to Staff and the actual situation and that Ms. Morgan should make an appointment with the Planning Department. Cm. Jeffery mentioned that Staff's time is paid for by the sponsoring property owners. She then asked whether one person or group could formulate a plan for another person's property. Assistant City Attorney Elizabeth Silver stated that the City Council, rather than a property owner, initiates a General Plan Amendment Study. The consultant is retained by the City Council and most of the cost is paid by the property owners. Ms. Morgan commented that those property owners then have the opportunity to rewrite the plan before the public sees it. Planning Director Larry Tong stated that the consultants are preparing various alternatives and have met with those funding the study, the sponsoring property owners, to update them on their progress. Regarding Ms. Morgan's request to prepare a plan, the City would refer the Doolan Canyon residents to the consultant to consider their area as part of the preparation of the General Plan Amendment. It is not appropriate to allocate more Staff time as the City Council has approved only the $50,000 contribution. The sponsoring property owners have contributed approximately $600,000 to date. Ms. Morgan asked whether the sponsoring property owners were allowed to review and reject the plan. Mr. Tong stated that they were not, but that the sponsoring property owners were given a progress report on the land use element and that they had had some concerns. The consultant is therefore making some refinements. Mayor Moffatt asked if MS. Morgan would be able to j.oin the sponsoring property owners. Ms. Morgan stated that the Doolan Road group did not have $600,000 but that they did have a planner that was willing to work with them. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-326 Regular Meeting November 13, 1989 city Manager Richard Ambrose interjected that the sponsoring property owners had conceptual plans for their own property and that if Ms. Morgan came up with a plan it should be for her own property. Ms. Morgan asked whether a plan that affects the surrounding area should not be considered. Mr. Ambrose stated that all the property owners had the same opportunity.. Ms. Morgan continUed that some property owners did not wish to develop their property and that they had submitted concerns Which had been overlooked. Mayor Moffatt stated that the public hearing process had not started yet. Ms. Morgan asked if their plan recommended rural residential zoning for Doolan Canyon and the other property owners objected' whether their plan would be considered. Mr. Ambrose said that the residents would have an opportunity to comment at a public hearing in the future and that information would be provided to them as part of the public hearing process. He added that the residents could provide a plan for their own property for consideration. Ms. Silver commented that any plan submitted would also need to be subject to the public hearing process. Cm. Snyder added that one alternative to be considered by the Planning Commission and City CounCil would be "status quo." Ms. Morgan stated that she was not against development but wanted rural residential development. Cm. Snyder said that if the proposed plan was for a density that Ms. Morgan didn't agree with, she should oppose it at the public hearing. Cm. Hegarty added that he would advise Ms. Morgan to wait until the public hearings and go through the proposed General Plan Amendment element by element. He said that the Council was willing to listen but that the proper sequence needed to be followed. Mr. Tong stated that there would be public forums prior to the Planning Commission and City Council public hearings. He said that one alternative being examined is development under existing General Plan policies. Ms. Morgan said she wOuld still like to have a citizens advisory committee. Mayor Moffatt said that there was nothing to discuss at this point as there were no concepts yet. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-327 Regular Meeting November 13, 1989 Ms. Morgan said that it was important to be involved in the beginning and that she wanted to have input in how Dublin was put together. Custom Lots - Creekside Drive A1 Bilotti, 8116 Creekside Drive, stated that he had two concerns. The first was that he wanted the Council to be aware of the amount of smog in Dublin. The second was concerning threevacant lots on CreekSide Drive that now have a sign advertising custom homes. He felt the lots were unbuildable and wanted to know if the Council was aware of them. Mr. Bilotti felt that if sufficient grading were done to make the lots buildable, the homes above these lots would slide down. He added that he did not want these three lots in the Silvergate Homeowners' Association. Mayor Moffatt asked how Mr. Bilotti knew this was a slide area. Mr. Bilotti responded that there was a previous slide. Mr. Tong stated that Mr. Bilotti referred to several custom lots approved as part of the Nielsen development (consisting of the Kaufman and Broad tracts, Bordeaux Estates, and the Ahmanson development). Any person proposing to build on those lots would be required to get the proper geotechnical reports and permits. No applications have been received as yet but any applications would be reviewed at the time. Cm. Hegarty asked if the General Plan Amendment for this area was approved by Alameda County. Mr. Tong responded that it was, and that the Tentative Map and Final Map were approved by the City. Cm. Hegarty continued that since those lots were approved by the County, they were accepted by the City upon incorporation and were now up for sale. Mr. Tong added that applications would go directly to the Building Department since the Planning approvals had already been granted. Cm. Hegarty asked whether there was any way to protect a person purchasing those lots if they were determined to be unbuildable, since the County had approved the lots. Ms. Silver said that if the proper engineering reports were obtained, the lots could be built on and that nothing needed to be done by the City at this point. Cm. Hegarty said that if the lots had been mapped out by the County engineers and determined to be buildable he didn't have a problem with it, but he was concerned that the City's engineers might feel the lots were not buildable. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%,>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-328 Regular Meeting November 13, 1989 Building Official Vic Taugher stated that someone had purchased the lots and put them up for sale. A letter in the file submitted by the original soils engineer for the development states that the old slide was properly repaired. An application for a building permit would require substantial grading to be done with a'grading permit. A soils engineer would be required to review any proposed grading plans before any permits would be issued. Mr. Bilotti said that he didn't care if the lots were built on but that he didn't want them in the Homeowners' Association. Public Works Director Lee Thompson said he understood that all lots subdivided by Kaufman and Broad were already included in that Homeowners' Association. CONSENT CALENDAR Cm. HegartY asked to clarify that the approval requested for Item 4.3 Landscape Architectural Services for Dublin High Football Field and Track Renovation was for a $47,220 contract to prepare plans only and that the project would be brought back to the City Council for approval prior to soliciting bids. Mayor Moffatt asked that Item 4.6 Annual Tree Lighting Ceremony be removed from the Consent Calendar for discussion. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Received a report regarding newsrack locations and authorized Staff to prepare a draft newsrack ordinance for a future meeting; Appointed the following representatives to the Citizens for a Valley Performing Arts Center Committee: Dan Downey, Michal Dittrich, Robert Howarton, Sherry Wright, and Dr. Edmund Kemprud; Retained the firm of Beals/Lechner Associates to provide landscape architectural services for the renovation of the Dublin High School Football Field and Track and directed Staff to prepare the contract agreement at a cost not to exceed $47,220; Authorized Staff to solicit bids for printing of the 1990 Community Calendar; $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-329 Regular Meeting November 13, 1989 Adopted RESOLUTION NO. 123-89 SETTING GOALS FOR DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Authorized an additional appropriation of $4,000 to the Planning Contract Services account for the Joint County-Cities Mortgage Credit Certificate (MCC) Program; Approved Warrant Register dated November 13, 1989, in the amount of $727,927.15; Approved city Treasurer's Investment Report as of October 31, 1989; and Approved Financial Statements for October, 1989. Regarding the Annual Tree Lighting Ceremony, Mayor Moffatt stated that he wanted the Recreation Director to make a presentation regarding the activity so that those present would be aware of the plans and have an opportunity to provide input. Recreation Director Diane Lowart stated that the ceremony was planned for the evening of December 4th and, on recommendation of the Park and Recreation Commission, would be held at the Civic Center and would also involve the tree at the Library. Since the landscaping improvements at the Civic Center have not been accepted yet, it may not be possible to provide Outdoor holiday lighting. Staff recommended obtaining a tree for the Administrative Wing lobby and certain outdoor lighting, entertainment, refreshments, and a visit from Santa. The budget for the ceremony is $1,700, and the Recreation Department proposes to begin publicizing the event this week. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the City Council approved the plans for the tree lighting ceremony. WRITTEN COMMUNICATION: REQUEST FOR FUNDING FROM TRI-VALLEY MINOR HOCKEY ASSOCIATION~ INC. Recreation Director Diane Lowart stated that correspondence had been received from John R. Sharkey, President of the Tri-Valley Minor Hockey Association, Inc., requesting that the City donate $2,000 to their association. This group, a non-profit corporation, is a youth hockey organization which plays at Dublin Iceland. In the past, the City has not made direct financial contributions to youth sports organizations but has made public facilities available for use. Ms. Lowart added that if funds are contributed to the Minor Hockey Association, other youth sports groups may come to the City requesting funds. Staff recommended denial of the request. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-330 Regular Meeting November 13,'1989 No comment was received from the public. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the City Council denied the request for funding. PUBLIC HEARING: REPEAL OF SELECTED ALAMEDA COUNTY ORDINANCES Mayor Moffatt opened the public hearing. Assistant City Attorney Elizabeth Silver stated that this proposed ordinance was introduced at the October 30, 1989, City Council meeting. This ordinance would repeal various provisions of the Alameda County Code which are no longer necessary, as they are either covered by State Law, are not applicable to the City of Dublin, or have been replaced with City of Dublin ordinances. The City Council had asked for clarification of items to be repealed, which include regulations pertaining to drawbridges. Those sections of the County ordinance regarding junkyards, noise, and use of the sidewalk have already been replaced by City of Dublin ordinances. No public comment was received on this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the City Council waived the reading and adopted ORDINANCE NO. 18-89 AN ORDINANCE REPEALING SELECTED ALAMEDA COUNTY ORDINANCES ORDINANCE WHICH ADOPTS THE 1988 EDITION OF THE UNIFORM BUILDING CODEr 1988 UNIFORM PLUMBING CODEr 1988 UNIFORM MECHANICAL CODEr AND 1988 UNIFORM HOUSING CODE Building Official Vic Taugher stated that since noticing procedures had not been followed, this item would not be a public hearing but that the title of the ordinance would be read and that the City Council would be requested to set a public hearing date of December 11, 1989, in order to provide time for noticing. Mr Taugher continued that State Law requires the City to adopt new editions of the Uniform Codes within six months after the State has adopted ~he new code. The City is required to have an ordinance which imposes the same restrictions as the State, or the City Council is required to make findings indicating why changes are necessary. Mr. Taugher continued that the proposed ordinance would repeal the existing Ordinance 58-87 and re-adopts those provisions with minor modifications along the Amendments to the Uniform Codes that are required by the State. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-331 Regular Meeting November 13, 1989 The purpose of the repeal and re-adoption is to maintain all building regulations within a single document. The new ordinance is proposed to become effective on January 1, 1990. Developers who are issued building permits after that date will be required to comply with the new requirements. Cm. Hegarty asked whether developers were advised of new requirements or of those requirements specific to Dublin when they applied for permits. Mr. Taugher responded that most cities have different requirements for fire sprinklers. Dublin's ordinance is more restrictive than the Uniform Building Code. Otherwise, Dublin's requirements are the same as the State ' s. Cm. Hegarty stated that he wanted to be sure the builders did not come back to the City Council at a later date to challenge the requirements. Mr. Taugher said that developers are notified of building code requirements during the planning process and are also supplied a copy of the entire ordinance. Proposed amendments are discussed with developers and architects. Mr. Ambrose stated that the number of building code variance requests is very minimal and may be caused by a difference of opinion with the code or a change in technology which the Building Department wishes to approve. Cm. Hegarty said that he would follow Staff's recommendation regarding changes in technology but that he wanted to make certain the requirements were'explained to the deVeloper in advance. Mr. Taugher then read the title of the ordinance as required: "An Ordinance of the City of Dublin Repealing the City of Dublin Building Regulations as Contained in Ordinance Number 58-87, and Readopting the City of Dublin Building Regulations Contained in Ordinance Number 58-87 with Minor Revisions Therein, and Adopting the Provisions of the 1988 Uniform Building Code, 1988 Uniform Building Code Standards, 1988 Uniform Plumbing Code, 1988 Uniform Mechanical Code, 1988 Uniform Housing Code, and the 1987 National Electrical Code." ~ On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the City Council set a public hearing date of December 11, 1989, for consideration of the. proposed ordinance. SELECTION OF BUS STOP BENCHES Public Works Director Lee Thompson stated that early in 1990, the Livermore/Amador Valley Transit Authority would install bus shelters at most of their bus stop locations. At a previous meeting, the City $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-332 Regular Meeting November 13, 1989 Council requested that alternatives to the present benches with advertising for those stops not receiving shelters. Staff researched types of available benches and proposed three alternatives. The "Wabash Valley" plastisol-coated expanded metal bench would be the most vandal-resistant because of its design and the material from which it is manufactured. The cost of the "Wabash Valley" bench is $248.63 each. The Timberform "Parkway" bench is made of wood with metal supports. Mr. ThOmpson stated that the existing wood benches with advertising are often carved or splintered and that any wood benches would be susceptible to that type of vandalism. The cost for the "Parkway" bench is $321.95 each. The third bench proposed is the Timberform "Greenway" which is also wood with metal supports. The cost for the "Greenway" bench is $389.15 each. Mr. Thompson continued that Staff had not investigated any concrete or metal benches because of comfort and cost drawbacks. Six bus stop locations which have the advertising benches will not receive bus shelters. Staff recommended supplying two benches per location and also purchasing two extra benches for "spares" for a total of 14. The City Council was requested to select the type of bench and color and authorize Staff to either solicit bids at this time or to include the benches in the 1990-91 budget. cm. Jeffery stated that she had a problem with Option A as far as lack of comfort. Cm. Vonheeder said she had the same comment but felt Option A was a better choice because of resistance to vandalism. Cm. Hegarty asked how often the buses went by. Cm. Jeffery said the schedule was every hour, or every half hour during the commute period. She said her other objection to Option A was appearance and that she preferred Option B the "Parkway" bench. On motion of Cm. SnYder, seconded by Cm. Vonheeder, and by majority vote, the City Council selected Option A the Wabash Valley bench and selected the color green. Cm. Jeffery opposed the motion. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the City Council directed Staff to solicit bids for benches to be delivered and installed at the time LAVTA's bus shelters are installed. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-333 Regular Meeting November 13, 1989 REPORT ON THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) DRAFT DOOLAN ROAD SPHERE OF INFLUENCE STUDY AND ENVIRONMENTAL IMPACT REPORT Planning Director Laurence Tong stated that LAFCO had had a consultant prepare a Draft Doolan Road Sphere of Influence Study and Environmental Impact Report. The study area includes a majority of the property located in the Doolan Canyon watershed. Of the total 2,645 acres, 1,095 acres are within Dublin's present Sphere of Influence. A hypothetical level of urbanization was used in the study to estimate likely demand for municipal services and was not meant to indicate an appropriate level of urbanization. The East Dublin Study, which is not connected to the LAFCO study, will address potential land use. Mr. Tong continued that the LAFCO study recommended that the Doolan Road area be allocated to the City of Dublin Sphere of Influence, based primarily on geography of the area and its effect on future road access and community orientation. LAFCO will hold a public hearing regarding the report at the Pleasanton City Hall on December 7, 1989, at 7:00 p.m. Mayor Moffatt stated.that he would be glad to attend the hearing. Cm. Vonheeder said she felt Mr. Tong or another Staff representative should make the technical presentation. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the City Council agreed to strongly support the findings and recommendation of the study, directed Staff to submit written comments to LAFCO as shown in Attachment 1 of the Agenda statement, and directed Staff to attend the LAFCO hearing on December 7th to present the City Council's position. Retirement Dinner for Jim Walker Mr. Ambrose said that the retirement dinner for Pleasanton City Manager Jim Walker would be held on the evening of November 30th and asked if the City Council wanted to make a presentation. Cm. Jeffery said she felt it would be appropriate to do something. Mayor Moffatt suggested a proclamation or plaque. Cm. Vonheeder concurred. Cm. Hegarty said that the Councilmembers should attend and that a proclamation would be appropriate. $%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$%>$ CM-8-334 Regular Meeting November 13, 1989 Mr. Ambrose asked the Councilmembers to let Staff know if they wished to attend so that reservations could be made. Alameda County Housing AUthOrity Board Cm. Hegarty said that he would no longer be able to serve on the Alameda County Housing Authority Board and asked that another representative be selected. Meetings are held on the second Wednesday of the month, with the next meeting to be in December. Selection of the new Board member will be placed on the next agenda. National League Policy Recommendations cm. Jeffery said that anyone who had recommendations should submit them to her this week. CLOSED SESSION At 9:00 p.m., the Council recessed to a closed executive session to discuss potential litigation under Government Code Section 54956.9(b). ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:50 p.m. . Cit~ Clerk $%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$%¢$ CM-8- 335 Regular Meeting November 13, 1989