HomeMy WebLinkAbout4.01 Approve 06-10-1991 Minutes REGULAR 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: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor
Snyder.
ABSENT: 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.
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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.
Mr. 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.
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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;
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Regular Meeting June 10, 1991
Adopted
RESOLUTION NO. 48 - 91
APPROVING PRELIMINARY ENGINEER'S REPORT, 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 ENERGY,
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
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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.
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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.
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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.
Cm. 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
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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
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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 TARE 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.
Mr. Choy advised that DRFA is considering acquiring an approximate
13 , 680 square foot portion of the parcel contiguous to the south of
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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-1, 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
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suggested that the winning motto be officially announced at the
Customer Service Kick-Off Celebration which is tentatively scheduled
for June 24 , 1991, at 5: 30 p.m.
Cm. Jeffery complimented Staff on putting together this program. She
relayed a story whereby someone approached her recently at a meeting
she was attending in Los Angeles to advise that someone had mentioned
to them the good service they had received from the Dublin Planning
Department.
Cm. Burton stated there has been a lot of concern about some things
that were lacking and he was impressed with the response and
enthusiasm. He felt this program was making a difference and was
worthwhile.
Cm. Moffatt stated he was happy to see such a large voter turnout for
the motto contest.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council approved the customer service motto.
OTHER BUSINESS
Tri-Valley Joint City Councils Meeting (140-80)
Mr. Ambrose reminded everyone that Pleasanton is hosting 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.
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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.
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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.
Mayor
ATTEST:
City Clerk
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