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HomeMy WebLinkAbout07-14-1986REGULAR MEETING - July 14, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, July 14, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7:46 p.m., by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Vonheeder and Mayor Snyder. ABSENT: Councilmember Moffatt. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in. the pledge of alle- giance to the flag. ANNOUNCEMENT FROM CLOSED SESSION - NEW CHIEF OF POLICE Mayor. Snyder announced that just prior to this meeting, the City Council met in closed session to discuss personnel matters in accordance with Government Code Section 54957. Mayor Snyder introduced Lt. John Severini, who was appointed Chief of Police for the City of Dublin effective July 14, 1986, and advised that a press briefing would be held at 9:00 a.m., July 15, 1986, in the City Offices to further acquaint the press with Lt. Severini. Construction Problems - Silvergate Area Marjorie LaBar, resident in the Silvergate area, presented a petition signed by 63 Dublin residents requesting that City Staff take steps to insure dust levels caused by current construction are mitigated in the Silvergate area. She said the petition was pursued only after several months of communicating with the Public Works Department, and that although improvement became evident after she had been able to contact the.City Engineer directly, residents want assurance from the City that the water trucks will continue to operate in the areas of construction until the rainy season begins. She also sought assistance from the City in obtaining reimbursement from Castle Construction Company for the costs of pool cleaning and other damages. The City Manager referred to a report from Public Works Inspection, dated July 14, 1986, which summarized the dust problems created by construction on the Dolan School site. He advised that since June 23, 1986, a City Inspector had visited the site several times a day, that water trucks were operating daily, but that there had been mechanical problems with the water trucks several times, making them inoperable. He advised that if the contractor fails to comply with the City's requirements to water the site adequately, the operation will be shut down. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CM-5-143 Regular Meeting July 14, 1986 In response to a question from a resident, Acting City Engineer Pete Santina said that recently two water trucks have been operating on the site on a regular basis all of the time. He advised that on two separate occasions he had spoken with Castle Construction Company and given them 24 hours to repair the mechanical problems with the trucks or the operation would be halted. In response to Ms. LaBar's concern about the Construction Company mitigating costs, Mr. Santina said he had suggested to the developer that they contact the concerned residents on a door-to-door basis in order to resolve their concerns. Ms. LaBar requested that this be done on weekends. The City Attorney advised that the City does not have any responsibility for damages resulting from the dust levels. Mr. Stan Bowen, resident in the Silvergate Highlands area and member of the Board of Directors of the Homeowners' Association, expressed concern regarding the road connecting Creekside Drive with the new subdivision. He said as a homeowner he had not been informed that the road would be installed, and that the map he had been shown prior to purchasing his home failed to indicate any roads in that area. He requested that, in the future, a procedure be developed, possibly in the form of an ordinance, which would require developers to advise prospective homeowners of potential developments in the vicinity. He stated that he felt his property value would decrease as a result of the new road. Mayor Snyder advised that the builder had held several meetings independent of the City regarding this subject, and had canvassed the neighborhood to encourage attendance at those meetings. He said a strong attempt had been made to mitigate concerns in that area, particularly traffic concerns. Mr. Bowen expressed his concern, and stated his neighbors were in agreement, that the City should not have approved the elevation of a building pad above the existing elevation. Councilmember Jeffery suggested a member of the Homeowners' Association be designated to pursue the papers for public hearing notices in order that the residents would be aware of what is occurring within the City. Mayor Snyder said he didn't know what further action the City could take on behalf of the citizens. He said the City Council insists projects of this type come before them for final approval. Cathy Gatzke, resident, said she had spoken with the City Manager about two weeks ago regarding the portion of Silvergate which had been closed, and had been told the street would reopen within two weeks. Mr. Ambrose said the City does not own that portion of Silvergate. He advised that in order to minimize liability as a result of earth movers and heavy equipment, the developer had chosen to close the road. Mayor Snyder reiterated that the City does not have the authority to force the developer to reopen the street until the street has been accepted by the City. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-144 Regular Meeting July 14, 1986 Ms. Gatzke inquired about the feasibility of opening the road on a daily basis after Kaufman & Broad shut down for the day. Mr. Ambrose said this would not be feasible, and that the street may reopen within a week. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote (Cm. Moffatt absent), the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of June 17~ 1986; Regular Meeting of June 23, 1986; and Adjourned Regular Meeting of June 26, 1986; Adopted RESOLUTION No. 63 - 86 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4991 Approved City Treasurer's Investment Report for Period Ending June 30, 1986; Authorized the Mayor to execute an amended Police Services Agreement; Authorized Beck Properties to proceed with contract for fencing of Dougherty Hills Open Space; Approved RFP for Senior Citizens' Center Renovation and authorized Staff to advertise for consultants; Regarding the Civic Center Request for Proposals, authorized Staff to circulate the RFP's among the four firms selected to participate, and approved the RFP calendar; Approved an Agreement with Alameda County for the City of Dublin to perform Building Inspection Services for those portions of Tract 5410 (Kaufman & Broad) located in the unincorporated territory of Alameda County; and authorized the Mayor to execute the agreement; Approved Warrant Register in the amount of $503,949.02. OAKLAND-ALAMEDA COUNTY COLISEUM 20TH ANNIVERSARY The Oakland-Alameda County Coliseum complex is about to celebrate its 20th anniversary, and in honor of this milestone, is sponsoring a civic dinner which will take place in the Arena on Thursday, September 18, 1986, the date of the 20th anniversary. An anniversary party for the general public including, entertainment and fireworks, will be held on the same date in the stadium. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-145 Regular Meeting July 14, 1986 The Foundation has established a program in which the City' can participate. If the City contributes $1,000, it will receive $1~000 worth of tickets to various sports and other events during 1986, and five tickets to the special civic dinner. If a $2,000 contribution is made, the City will receive $2,000 worth of tickets to special events and ten tickets to the civic dinner. The intent for the special event tickets is to have the City distribute them through the Recreation Department to the youth of the community. The Coliseum will also make special arrangements to designate a particular day as Dublin Day. As a participant and sponsor, it may be possible to obtain tickets at a discounted rate for local sales on that day. Mayor Snyder said he was on the steering committee for the celebration and that the committee felt strongly that the communities of the East Bay should be a part of the celebration. He said that a one-hour documentary about the Coliseum will be shown on KRON TV. He indicated that The Oakland Tribune strongly supports the two-day celebration, and that Miller Brewing Company has designated $200,000 toward a promotion involving voting for the most exciting event hosted at the Colesium. He said the Colesium Complex is considered the best managed and best maintained on the west coast. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council determined that the City would participate and a contribution of $2,000 will be made. The Council also authorized a budget transfer from the contingent reserve to the City Council Community Promotion Account in the amount of $2,000. ALAMEDA COUNTY TRANSPORTATION SALES TAX EXPENDITURE PLAN SB 878 allows Alameda County to submit to the voters a measure which would increase the local sales tax by 1/2¢. The revenue from this would be used for funding specified transportation projects. The proposed expenditure plan must be approved by 50% of the cities in Alameda County and the Board of Supervisors before it can be submitted to the voters. The proposed special tax levy will continue for 15 years and, as proposed, the funds would be administered by a newly created County Transportation Authority. The membership of the Authority would include five members of the Board of Supervisors and two representatives from the Cities of Hayward, Fremont, Newark, Union City, Pleasanton, Livermore, Dublin, San Leandro, Oakland, Alameda, Albany, Berkeley, Emeryville and Piedmont. The City Representatives will be elected officials appointed by the Mayors' Conference. The expenditure plan outlines 10 specific projects throughout the County, which could be funded through the special tax revenue. The plan includes interchange improvements at the intersection of 1-580 and 1-680, and a rail extension from BART Bayfair Station to the Dublin/Pleasanton area. In addition to the specific projects, $1 million each year will be provided to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-146 Regular Meeting jUly 14, 1986 supplement existing paratransit funding. The expenditure plan also provides for 20 percent of the funds to be utilized for local transportation improvements. The funds will be provided to the cities on the basis of a formula utilizing population and number of road miles within the jurisdiction. Action was taken by the BART Board regarding the sponsorship of the rail extension to the Dublin/Pleasanton area. The BART Board of Directors agreed at their meeting on July 10, 1986, to enter into a sponsorship agreement. The agreement provides for BART to be the sole sponsor of the project, and before implementing the project, BART will conduct a study to determine the most appropriate technology. The study will determine whether light rail or heavy rail would be the most effective mode of operation. BART staff has indicated that their usual policy is to utilize a control board with local representation during studies of this nature. The approved agreement will require BART to coordinate the extension with local transit planning. Staff recommended that the City Council review the Expenditure Plan and consider adoption of the Resolution supporting the plan. If any adjustments as a result of ongoing negotiations are made to the plan after the City Council adopts the Resolution, it may be necessary to adopt the amended plan at the next regular City Council meeting. After discussion, on motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote (Cm. Moffatt absent), the Council adopted Resolution No. 64-86 as amended to add a statement indicating that approval of the City Council shall be contigent upon successful negotiations with LAVTA and BART on the sponsorship of the rail system RESOLUTION NO. 64 - 86 APPROVING THE ALAMEDA COUNTY TRANSPORTATION COMMITTEE SALES TAX EXPENDITURE PLAN PUBLIC HEARING DUBLIN TOWN & COUNTRY SHOPPING CENTER Mayor Snyder opened the public hearing. Staff reported that on June 23, 1986~ the City Council adopted Resolutions approving a Specific Plan Amendment and a Rezoning for the Dublin Town & Country Shopping Center which would expand the number of permitted uses in the Shopping Center. At that meeting, the Council also introduced an Ordinance amending the Zoning Ordinance. Staff recommended that the City Council waive the reading and adopt the Ordinance as presesnted. Mayor Snyder closed the public hearing. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-147 Regular Meeting July 14, 1986 On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by a majority vote (Cm. Moffatt absent), the Council waived the reading and adopted Ordinance No. 12 - 86. Cm. Jeffery opposed the motion and said she could not support the proposed Ordinance as she believed the increase of permitted office space to 40% was too high. ORDINANCE NO. 12 - 86 AMENDING ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AMADOR VALLEY BOULEVARD AND SAN RAMON ROAD PUBLIC HEARING ORDINANCE RELATED TO SMOKING POLLUTION CONTROL Mayor Snyder opened the public hearing. Staff reported that the Smoking Action Coalition requested the City Council consider adoption of a Smoking Pollution Control Ordinance. At the regular City Council meeting on May 27~ 1986, the City Council continued the public hearing to July 14, 1986. The City Council granted the continuance to allow the Chamber of Commerce an opportunity to obtain input from its members. As a result of the survey, the Chamber Board voted to oppose the Ordinance. In response to a question raised at the previous City Council meeting, Staff advised that the proposed Ordinance permits operators of bowling alleys to designate the size of smoking/non-smoking areas. Staff recommended that the City Council consider introduction of the proposed Ordinance. Dr. Joe Beck, physician and volunteer for the American Cancer Society, expressed his concern that the proposed Ordinance had not been made available to people surveyed, and stated that he felt the way in which the questions on the survey were worded impacted the type of responses received. He said the issue was a health one, and that outdoor air pollution, or disposal of waste materials, and similar matters, were not handled in a voluntary manner. Dr. Beck distributed to CoUncilmembers copies of a report printed by The New York Times, which outlined the risk of smoke on non-smokers. Joanne Castro, Director of the Chamber of Commerce Community Education Development Committee~ reported on the results of the survey which had been distributed to members of the business community. She advised that the majority of the responses were in opposition to a smoking ordinance. Keith Warden, 4611 3rd Street, Pleasanton, Director of the Pleasanton Chamber of Commerce, spoke about the impact of smoking on insurance rates and said he believed the passage of the proposed Ordinance would have a favorable effect on insurance costs incurred by the business community. He stated that XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-148 Regular Meeting July 14, 1986 Pleasanton is considering passage of an ordinance similar to Dublin's, and that the study groups in Pleasanton had concluded that not only would such an ordinance be desirable, but it would be benign and would have very few, if any, adverse effects on the local businesses. Jack Schrader expressed his disagreement to comments made previously regarding the effectiveness of the Chamber of Commerce survey. He stated his opinion that the survey was effective. Shirley Anderson, Dublin resident, stated her displeasure with the smoking industry and urged Councilmembers to support the Ordinance. She said she thought smoking was a health issue about which the entire community should be concerned. Mark Nathan, member of the San Ramon Cardiology Group, said that he has witnessed the devastating personal and economic consequences resulting from excessive tobacco useage. He compared tobacco smoke as harmful as heroin, PCP, and other drugs, and stated his opinion that Councilmembers have a responsibility to citizens of Dublin to protect them from a sabstance as toxic as tobacco smoke. Susan Magazine, Amercian Cancer Society, gave a brief history of the conception of the Smoking Action Coalition and offered its assistance in educating the community on the contents of the proposed Ordinance, as well as working with businesses in the development of individual smoking policies. Bill Foster, President of the Dublin Chamber of Commerce and insur, ance agent, stated that the Chamber had performed the survey as a service for the City Council and had not attempted to concern itself with the issue of smoking or non-smoking, but with the issue of whether or not the proposed Ordinance should be adopted. He advised that the entire Chamber Board of Directors had voted unanimously to support the two-thirds of the business community in opposition to the Ordinance. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council continued the public hearing to July 28, 1986, in order that Cm. Moffatt would have an opportunity to be present when further discussion is held or action taken on the proposed ordinance. PUBLIC HEARING CONSOLIDATION OF THE CITY MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION Staff reported that the proposed Ordinance amending Ordinance No. 11-84 extends the terms of Councilmembers until the Tuesday after the day of the General Municipal Election. Because the County Registrar of Voters' Office has 28 days from the election day in which to certify the official results of the election to cities which consolidate, this amendment extends the terms until such time as the new Council is qualified to be sworn in. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CM-5-149 Regular Meeting July 14, 1986 After discussion, Staff requested that this item be continued until July 28, 1986, in order to provide Staff an opportunity to consider the feasibility of revising Section 2~ Extension of Terms of Office, making the expiratiOn date more explicit. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council continued the adoption of an Ordinance amending Ordinance No. 11-84, Consolidating the City Municipal Election with the Statewide General Election to the Council meeting of July 28, 1986. SELECTION OF A NAME FOR AMADOR LAKES/STAGECOACH ROAD PARK Staff reported that at the June 23, 1986, City Council meeting, the Council requested the Park & Recreation Commission determine three possible names for the Amador Lakes/Stagecoach Road Park from which the Council could choose. The Park & Recreation Commission met and deliberated on July 8, 1986, and recommended three alternative names for the Park as follows: 1) HaPpy Hollow Park, 2) Robbers Roost Park, or 3) Stagecoach Park. Staff recommended that the Council select a name from the three alternatives provided by the Park & Recreation Commission. On motion of Cm. Jeffery, seconded by Cm. Vonheeer, and by unanimous vote (Cm. Moffatt absent), the Council selected the name of Stagecoach Park. SIERRA COURT SOUTHERLY EXTENSION At its meeting of May 27, 1986, the City Council authorized Staff to advertise for bids for Contract 86-7, Sierra Court Southerly Extension. Staff reported that City Staff had prepared contract documents and published for bidding purposes. Bids were received from Robert Quatman, Inc., and Valley Crest Landscape, Inc., on July 9, 1986. Following the bid opening on July 9, Valley Crest Landscaping delivered a letter protesting the award of the bid to Robert Quatman. Pete Santina, Acting City Engineer, distributed correspondence and other information related to bid qualifications, and advised that after meeting with representatives of Robert Quatman, Inc., it was Staff's conclusion that Robert Quatman, Inc., had made a "good faith effort" to comply with the goals outlined in the bid specifications. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Moffatt absent), the Council awarded the bid for Contract 86-7, Sierra Court Southerly Extension, to Robert Quatman, Inc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-150 Regular Meeting July 14, 1986 DUBLIN SAN RAMON SERVICES DISTRICT STUDY Staff reported that for over a year the Cities of Dublin and San Ramon have been working together on two major studies being performed by Angus McDonald & Associates and Hughes, Heiss & Associates regarding the potential transfer of services from the Dublin San Ramon Services District to the two Cities. Staff recommended the City Council consider the recommendations provided by the Dublin and San Ramon Liaison Committee and asked that the Council give the Dublin Representatives appropriate direction. Mr. John Heiss gave an overview of the charge given to the Committee, and outlined the interrelated issues and concerns, including costs and benefits to the cities, should the transfer of servi.ces occur. He said that the conclusion of the Committee was that' a single transfer of services, such as that of assuming responsibility for the Parks and Recreation Services solely, would not be financially feasible to the City, and as a result the Committee pursued the study based on the transfer of all of the services. In addition, he advised that some of the services are so closely interwoven, such as the maintenance program, that it would be almost impossible to provide or maintain a responsible program if the services are split. Mr. Heiss also spoke on the need for the fire services to be part of a regional or larger agency. Regarding water and sewer, he indicated that it would be more expensive to sever those two services, and indicated it would be more advantageous to keep them together. Mr. Heiss also stated that the cities of Pleasanton and Dublin should consider the feasibility of a Joint Powers Authority in regards to sewer services, as it would not be to either City's advantage to separate the connection of services. Mr. Heiss referred to additional information contained in the written report, which outlined the need to honor a couple of major contracts for these servies. He said an area of concern related to a Joint Powers Authority (JPA) was the resolution of distributing the financial reserves of the Dublin San Ramon Services District. Mr. Heiss indicated that to pursue the assumption of the general fund services would necessitate direct negotiations with the DSRSD Board, and if agreement for the reorganization could not be reached, a general election would be necessitated. He advised that the issue of property tax transfer would ultimately need to be negotiated with the County Board of Supervisors. Mr. Ambrose indicated'that a meeting of the Liaison Committee had been scheduled for July 21, 1986, at 8:00 p.m., in San Ramon. Wayne Bennett, City of San Ramon, said that San Ramon had deferred action on recommendations until DSRSD has had an opportunity to read and respond to the reports. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council agreed with the Committee's recommendations and directed the City's representative to pursue those recommendations. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CM-5-151 Regular Meeting July 14, 1986 CONSOLIDATION OF GENERAL MUNICIPAL ELECTION Staff reported that at the May 14, 1984, City Council meeting, the Council adopted an Ordinance consolidating the City Municipal Election with the Statewide General Election, to be held in November of even numbered years. This year there will be three City Council positions up for election. The Council may determine whether the City or each candidate should pay for publishing his or her statement, which will be approximately $100 for a 200- word statement. Staff recommended the City Council determine whether the City or the candi- dates should pay the costs associated with the Candidate's Statement and establish the 200 word length for the Candidate's Statement. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council adopted RESOLUTION NO. 64 - 86 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Moffatt absent), the Council adopted RESOLUTION NOo 65 - 86 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 4, 1986; AND REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL ACTIONS THEREFORE OTHER BUSINESS Introduction of new MCE Maintenance Superintendent Mr. Ambrose said that the City has a new Maintenance Superintendent, Steve Loweree, employee of MCE Corporation. Right-of-Entry Agreement/Sierra Court Extension Mr. Ambrose indicated that the City is attempting to secure agreement with DSRSD for a right-of-entry so that the contractor can begin work on the Sierra Court extension. He also indicated that Staff has been working with xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CM-5-152 Regular Meeting July 14, 1986 Army Staff on behalf of Ron Nahas, in order that Rafanelli/Nahas can meet the necessary conditions for that project. Mr. Nahas has indicated a willingness to indemnify the City for any additional costs incurred. City Lapel Pins Dianne Lowart presented Councilmembers with City lapel buttons. Camp Parks Annexation Mr. Ambrose said he would be meeting with the County on July 15, 1986, and that the City and County are close to reaching agreement regarding the Camp Parks annexation. Solid Waste Management Authority Mayor Snyder said the Union Sanitary District has petitioned the City regarding representation on the Solid Waste Management Authority. It was the consensus of the City Council that the Sanitary District be permitted to be represented on the Authority. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. Mayor ATTEST: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CM-5-153 Regular Meeting July 14, 1986