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HomeMy WebLinkAbout09-12-1995 Adopted CC MinutesREGULAR MEETING -September 12, 1995 A regular meeting of the Dublin City Council was held on Tuesday, September 12, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. Motion to Add Item of Business to Agenda 7:00 p.m. 8.1 (670-80) Pursuant to Government Code Section 54954.2, subdivision (b)(2), Mayor Houston moved that the Council find there was a need to take immediate action to consider a resolution declaring approximately 1.05 acres adjacent to Dublin Boulevard as surplus property; that the need for action came to the attention of the Council after the agenda for tonight's meeting was posted when Staff learned that the property is necessary for development of the Donlan Canyon project; and that it is necessary to add this item to the agenda tonight in order that the Council can consider declaring the property surplus in time to comply with statutory noticing requirements before negotiating with the Donlan Canyon developer for purchase of the property. On motion by Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council added Declaration of Surplus Public Property to the agenda as item 8.1. INTRODUCTION OF NEW EMPLOYEES 7:00 p.m. 3.1 (700-10) Police Chief Rose introduced new employee, Patrol Officer Tom Gandsey and welcomed back Watch Commander Sgt. Bill Hillman. Sgt. Hillman has been with the Alameda County Sheriff's Department for 23 year and earlier spent ten years in Dublin. He transferred to Internal Affairs for two years and now has been reassigned to Dublin. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 453 Officer Gandsey has been with the Sheriff's Department for nine years and comes to the City as a well-trained and experienced officer. Tri-Valley Herald Reporter Leaving (150-10) Mayor Houston recognized Heather Woods of the Tri-Valley Herald and announced she was leaving the Herald to take a new position with the Palo Alto Weekly. He expressed the City's appreciation for her coverage of the City and wished her well in her new position. Cm Burton thanked her for coming to the Council meeting to say good-bye. Ms. Woods indicated it had been a pleasant experience covering the City of Dublin, but she preferred to write rather than speak. Book on 75th Anniversary of Rowell Ranch (910-60) Mayor Houston announced he had been presented with a book dedicated to the 75th Anniversary of Rowell Ranch which will be given to the Dublin Library. He indicated there was a lot of history presented in the book and it was well worth reading. PRESENTATION FROM ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT 7:05 p.m. 3.2 (560-30) Dr. Harvey Scudder, Dublin's representative to the Alameda County Mosquito Abatement Board, introduced John Rusmisel, District Manager for the Alameda County Mosquito Abatement District. Mr. Rusmisel indicated he had been making presentations to the different City Councils in Alameda County so they would know what the Mosquito Abatement District was all about. Their District was one of 14 special independent districts and has been covering Dublin since 194 5. The overall goal is to provide for the public's health and comfort by carrying on a program of mosquito abatement which is responsive to the public, cost effective, compatible with the environment, and consistent with land use planning or zoning. Cm. Moffatt asked if the District would handle problems with yellow jackets. Mr. Rusmisel responded they will provide information on other problems but they were not responsible for getting rid of the other problems such as yellow jackets. Vector Control handles most pest control problems. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 454 Cm. Burton asked if the Mosquito Abatement District could be consolidated with any other agencies. Mr. Rusmisel responded possibly with Alameda County Vector Control. Cm. Moffatt asked if there were any problems with mosquitoes being imported from other counties. Mr. Rusmisel indicated once some mosquitoes had been imported on large tires from Indonesia. Legislation was passed to have crates fumigated before they set sail. Cm. Moffatt asked how long it took mosquitoes to breed. Mr. Rusmisel responded three to four days in the summer and up to six months in the winter. CONSENT CALENDAR 7:19 p.m. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes (4.1) of Regular Meeting of August 22, 1995; Received City Treasurer's Investment Report (4.2 320-30) as of August 31, 1995 showing the City's investment portfolio totaling $20,421,120.38 with funds invested at an annual average yield of 5.904%; Authorized a Traffic Safety Impact Grant from Safeco Insurance Company (4.3 590-90) in the amount of $9,960 for the purchase of the opticom traffic light control system for six marked Dublin Police patrol vehicles and authorized the Mayor to sign the Budget Change Form; Approved the Warrant Register (4.5 300-40) in the amount of $279,720.08. Cm. Moffatt pulled Item 4.4 from the Consent Calendar. He asked about the $637, 754 owed to the City under General Revenue t~nds. Mr. Ambrose explained that some funds were loaned back and forth. The City would receive some grants, but the contractor had to be paid before the grant monies were received so the City ~vould pay the contractor out of General Revenue and when the grant funds were received, the General Revenue would be reimbursed. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 455 Mr. £anla'n indicated $457,000 of that money was ISTEA . Mr. Ambrose stated the Council would be receiving in the near future a list of past due accounts that would be written off Cm. Moffatt asked ifa collection agency is used before the accounts are written off Mr. Ambrose responded that a collection agency had been used and the accounts were companies that owed money and had gone out of business. Cm. Moffatt asked about small claims court. Mr. Ambrose indicated it depended upon the individual case. The City could win a judgment, but never get the money. On motion by Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council received ( 4.4 330-50) the Preliminary Financial Report for the Months of July 1995 and August 1995. DUBLIN FINE ARTS FOUNDATION REQUEST TO WAIVE FEES 7:25 p.m. 5.1 (200-10) Parks & Community Services Director Ix>wart advised that the City received a written request from the Dublin Fine Arts Foundation to waive the use fees for the Regional Meeting Room when the Foundation hosts the annual Chamber of Commerce Mixer on September 28, 1995. The Foundation is sponsoring this event to acquaint the business community with the art programs of the Foundation. If the City were to charge DFA for the use of the Regional Meeting Room as requested, the revenue generated would total approximately $60 (3 hours at $20 per hour). As the City Council waived the use fees for DFA for the same event in February of 1994, Staff recommended that the City Council again waive the use fees for the Regional Meeting Room. Cm. Burton asked if there was a reason why the City of Dublin was not a co-sponsor? Ms. Lowart responded the City had not been asked. Claudia McCormick, representing the Dublin Fine Arts Foundation (DFA), accepted the City's kind offer to co-sponsor and be allowed to share in the costs. She announced the opening of a new exhibit in the Civic Center Lobby entitled "A Woman's Touch." She felt the City benefited from the efforts of DFA and thanked the City for its help. Cm. Moffatt asked if a deposit was required. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 456 Ms. Lowart responded that the deposit had already been submitted. On motion by Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council waived the use fees for the Regional Meeting Room for the Dublin Fine Arts Foundation on September 28, 1995. PUBLIC HEARING - NO PARKING ZONE ON DUBLIN BOULEVARD (DONLON WAY TO 500 FEET EAST OF VILLAGE PARKWAY) 7:29 p.m. 6.1 (570-20) Mayor Houston opened the public hearing. Public Works Director' Thompson indicated that the Dublin Boulevard Widening Project would widen Dublin Boulevard from four lanes to six lanes without parking and add left and right-turn lanes at some intersections. Physical widening through the purchase of private property was necessary in some locations with most of the widening being accomplished by utilizing the existing parking lanes as travel lanes. In order to simplify the Traffic Code, it is proposed to delete all the existing No Parking entries for this portion of Dublin Boulevard and to adopt a single No Parking Zone for the entire length of the project area. The Limited Parking Zones will also need to be deleted. Notices regarding the upcoming widening project and this public hearing were mailed to business owners along this portion of Dublin Boulevard. Parking may be restricted during the course of the project even if the permanent No Parking signs have not yet been installed. The No Parking Zone will officially become effective upon adoption of the resolution. Cm. Moffatt asked at which end the project would start. Mr. Thompson responded it would start at the west and go east. Cm. Moffatt asked about problems of getting in and out of stores. Mr. Thompson assured there would always be access to the businesses. Mayor Houston indicated the businesses want to be notified about the progress of the project and some businesses such as Target had expressed concern about the project and what it would do to their business. Ted Hoffman of Earl Anthony's Dublin Bowling Center, stated tenants on Regional Street had contacted him to see if they could park in his parking lot. He asked if there will be street closures? CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 457 Mr. Thompson assured him there would be no street closures. Regional Street would not be closed and they would not be working during the holiday season. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 10{5- 95 ESTABLISHING A NO PARKING ZONE ON BOTH SIDES OF DUBLIN BOULEVARD, FROM DONLON WAY TO FIVE HUNDRED FEET EAST OF VILLAGE PARKWAY PUBLIC HEARING NO PARKING ZONE ON AMADOR VALLEY BOULEVARD AND Z LIMITED 15 MINUTES PARKING ZONE ON BRIGHTON DRIVE 7:34 p.m. 6.2 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson stated on July 25, 1995 the City Council approved a Conditional Use Permit for the Creative Playschool Daycare Center at 6837 Amador Valley Boulevard. In order to reduce anticipated traffic congestion in this area and provide a drop-off area for parents, the daycare provider, Jan Zupetz; has requested that parking be prohibited along the frontage of this property and that a 15-minute parking zone be installed along the Brighton Drive side of the property. Mr. Thompson indicated he had received one telephone call from a Mrs. Key at 6848 Brighton Drive opposing the limited parking.. Cm. Howard asked about the possibility of limiting the parking only during weekdays so there would be space available for parking on the weekend. Mr. Thompson stated signs would have to be posted if the limited parking was not in effect on the weekends. Cm. Howard felt it would be smart to have signs, as well as the painted curbs. She suggested the signs read limited parking from 6 am to 7 pm Monday through Friday. Mr. Thompson expressed concern if people parked in the spots at night, they may not be gone by 6 am. Mayor Houston indicated he had never seen anyone park in that area. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 458 Cm. Barnes stated she has seen parking there, especially recently. She asked if the Daycare Center should cease, would someone have to come back to the Council to change the parking designations. Mr. Thompson answered yes. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Howard reiterated the need for a sign to make it more visible. On motion of Cm Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 107-95 ESTABLISHING NO PARKING ZONE ON THE NORTH SIDE OF AMADOR VALLEY BOULEVARD WEST OF BRIGHTON DRIVE and waived the reading and INTRODUCED an Ordinance establishing a 15-minute parking zone on the westerly side of Brighton Drive, northerly of Amador Valley Boulevard with a sign which designates limited parking from 6 a.m. to 7 p.m. Weekdays. PARENT EDUCATION PROGRAM (P.E.P.) 7:42 p.m. 7.1 (580-40) Police Chief Rose stated at the June 28, 1995 City Council meeting, Staff was directed to research the Parent Education Program (P.E.P.) and provide the Councilmembers with background information. The P.E.P. program was originally developed by a group of concerned parents in the City of Orinda in 1979 to establish a strong, responsive multi- faceted program which would address education and self-esteem issues for children. The program relies on trained parents of students to present the information in the classroom environment. The program is administered through the Center for Human Development located in Pleasant Hill. The proposed P.E.P. program for Dublin Schools will concentrate on Grade 4 with subjects such as Medicine vs. Drugs; Tobacco; Alcohol; Decision Making; Refusal Skills; Coping; Empathy; Posltive Self Talk; Marijuana; Reaching Out; & Resources for Assistance. The proposed funding will provide training for 16 parent volunteer instructors teaching at Frederiksen, Murray, and Nielsen Schools. The cost consists of a $175 initial training fee per parent instructor; a $15 annual re-certification fee per parent instructor and approximately $600 for supplies and administrative fees for an approximate total of $4,000 annually. The P.E.P. Program is expected to complement the existing Dublin School District/Dublin Police Services Drug Prevention Education Program already in place. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 459 Cm. Moffatt asked if the training was primarily for the parents and not for the kids. The City would not be paying to supplement the classroom program to the kids. Chief Police Rose indicated he was correct. Karen Sevilla thanked the Council for its supPort. The program would reach 300 4th graders and all the Fifth Graders at Frederiksen School. She invited the Council to come observe the program in action. Mayor Houston felt it was a great addition and wished her good luck. On motion by Cm. Howard, seconded by Cm. Burton, and by unanimous vote, the Council adopted the Parent Education Program. (P.E.P,) LANDSCAPING THE NORTHEAST CORNER OF SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD 7:4t3 p.m. 7.2 (530~20) Public Works Director Thompson indicated the Public Works Department investigated what would be necessary to relandscape the street corner where the Chamber of Commerce service club sign is located at the Council's request. If the City were to reinstall landscaping and irrigation, it would be necessary for the City to obtain a landscape easement from the owners of this parcel. If the City pursues having the property owner (Tafjen's) install new landscaping, there would be only Staff time involved. If the Council directed that this landscaping be pursued by the City, a budget appropriation would need to be approved from the reserves of the San Ramon Road Specific Plan Assessment District. Assuming no cost for the easement, the estimated cost of clearing, landscaping and irrigation would be $2,000. Cm. Burton asked if the ice plant would be removed. Mr. Thompson responded the ice plant would be removed and replaced with low bushes. Mayor Houston asked if what was going to be put in would match what was already there. Mr. Thompson indicated it would be similar. Cm. Moffatt asked if the Chamber concurred with what was going to be done. Janet Lockhart, President of the Chamber, indicated the Chamber loved seeing the improvements. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 460 Cm. Howard asked if the walls would be torn down. Mr. Thompson responded that the walls were not planned to be torn down. The area was going to be relandscaped. It would be additional cost to tear down the walls, as well as permission of the property owner would be needed. Cm. Howard asked about painting the wall. Mr. Thompson indicated it would require more money. Mr. Ambrose stated painting the wall would also need the property owner's permission. Cm. Moffatt asked if the City could landscape the wall to such an extent that it wouldn't show so it would not have to be painted because of the landscaping. Mr. Thompson responded it could be planted with some vines that could climb up on the wall. Mayor Houston suggested Staff talk with the property owner about tearing down the wall. Mr. Thompson asked if it was Council's direction that they would like to see the wall torn down. Cm. Howard stated the property owner might even like having the wall torn down. Mr. Ambrose indicated he thought the wall went the entire distance of the parking lot so the Council needed to be careful. Mr. Thompson thought there was a short chain link fence. Mayor Houston suggested the Council stay with the $2,000 at hand. On motion by Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized an appropriation of $2,000 from the San Ramon Road Specific Plan Fund to upgrade the landscaping on the northeast corner of San Ramon Road and Amador Valley Boulevard. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 461 DECLARATION OF SURPLUS PUBLIC PROPERTY 8.1 ( 7o-80) Public Works Director Thompson stated several years ago, the State relinquished the Dublin Boulevard right-of-way west of Silvergate Drive to the City. This right-of-way is owned in fee and is not utilized in its entirety as roadway. Kaufman & Broad, the developers of the Donlan Canyon project, require a small piece of right-of-way for their development. Government Code Section 54222 requires the City to offer this property to any housing authorities, redevelopment agencies, local park and recreation departments, and the State Resources Agency prior to committing to sell to a private party. If all agencies decline to purchase the property or have not responded within B0 days, Staff will return to the City Council with a request to adopt a resolution of intent to consummate this transaction. Cm. Moffatt asked if the City needed to notify any residents. Mr. Thompson responded there weren't any. On motion by Cm. Moffatt, seconded by Cm. 'Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 108-95 ESTABLISHING SURPLUS PROPERTY AND DIRECTING STAFF TO NOTIFY APPROPRIATE AGENCIES OTHER BUSINESS 7:53 p.m. Changes on the Calendar (610-05) Cm. Howard indicated she was not on the Alameda County Housing Authority, but she is on the Alameda County Library Commission. It is not the first but rather the second Wednesday of each month. Cm. Burton stated Wednesday, September 1 $, 1995 at 8:00 a.m. the Alameda County Housing Authority will meet and he has been the representative all along and is now Vice Chairman. Upcoming Meeting Reminders (610-05) Mr. Ambrose announced an upcoming City of Dublin/Dublin Unified School District Liaison meeting scheduled for Wednesday, September 13, 1995 at 4:00 p.m. at the CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 462 Dublin Civic Center in the City Manager's Conference Room for Councilmember Barnes and Mayor Houston. Mr. Ambrose stated the DP, FA meeting will be held on Monday, September 18, 1995 in San Ramon. Cm. Barnes indicated she would need an alternate for the meeting. Mayor Houston indicated Cm. Burton would be attending the meeting as his alternate. It was determined that Cm. Moffatt would also attend the DRFA meeting as Cm. Barnes' alternate. October 10, 1995 Council Meeting (610~05) It was determined that Councilmembers Burton and Moffatt would be in Houston at a conference for LAVTA on October 10th. Cm. Howard indicated she also would not be available, as well as Cm. Barnes. Mayor Houston stated there would not be a meeting on October 10th and asked when the meeting could be rescheduled. October 17th was tentatively selected. Cm. Barnes indicated she would not be returning until October 19th. Mayor Houston asked Staff to determine if there was a need to hold the meeting at all. Mr. Ambrose indicated Staff would have a better idea of whether or not there was a need to hold the October 17th meeting at the next meeting. Mr. Ambrose stated the League of California Cities conference will conflict with the meeting of October 24th. Cm. Barnes indicated the meetings generally end at 3:00 p.m. Resolution Having City Declare English Its Official Language (610~20) Cm. Burton asked Staff to create a resolution making English the official language to establish that we are proud of being English speaking and there should be no question about what should be the official language of Dublin. It is an issue in the Country. He wanted to start the ball rolling and be one of the leaders. He recognized the diversity of CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 463 the community, but in order to accomplish and be part of the society, English should be the official spoken language. Cm. Moffatt indicated he had a problem with such a resolution. He felt this would be a resolution that wouldn't mean anything and it could cause a lot of controversy. He felt it should be at the Federal level rather than at the City level. It was determined that Cm. Burton would provide Staff with a sample resolution and it would be put on the next agenda. Dublin Defense DePartment (910~40) Cm. Burton announced that Dublin has a Defense Department. An old "cannon" with a wooden axle was found by construction workers in a culvert near Valley Christian Church. He would like it to become part of the Heritage Center because he felt it was a real classic conversation piece. Mayor Houston asked that the Heritage Director to look into the matter. LAVTA Open House (10¢0-20) Cm. Moffatt announced an Open House presented by LAVTA at the Dublin Library on September I4, 1995 from 4 p.m. to 7 p.m. to introduce the new DART (Direct Access Rapid Transit) System. Residents of Dublin and Pleasanton will be able to call during the day and LAVTA will send a vehicle to take them where they need to go any place in the Tri-Valley area within a half hour. It will be the same price as the regular WHEELS fare. Recycling Fair in Oakland (810~60) Cm. Moffatt reported he had attended a recycling fair in Oakland and had brought baCk lots of information he'll give to Staff. Resolution Relating to Government Financing (390-10) Cm. Moffatt shared a resolution from Claremont related to government financing. The Council will be asked at the League of California Cities to vote on the amendment. The resolution indicates that the City of Claremont is upset with Orange County because of CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 464 their mismanagement of some of their funds. There are also several legislators who want to raid transit funds and redevelopment funds. Information on Dublin Ranch (420~ 10) Cm. Burton asked why the Council had not received information on Dublin Ranch. He received some information on the project at a LAVTA meeting. He felt it was embarrassing to receive this information at another agency. He would like the Council to receive the same information when Planning sends out to other agencies. Mr. Ambrose indicated the City had received a 300 page application from the applicant on Dublin Ranch. Planning Staff routes the appropriate information to the administrative staff of other agencies for comments. Medians on Silvergate Drive (530-20) Mayor Houston asked about the medians on Silvergate Drive and if there were any plans for the future in regard to the olive trees. Mr. Thompson indicated the medians were in the CIP, but the project was unfunded. Mr. Ambrose stated there were no designs as yet. CLOSED SESSION 8:16 p.m. 10.1 (640~30) The City Council recessed to a Closed Session for a conference with Legal Counsel ~ Existing Litigation pursuant to Government Code Section 54956.9 subdivision (a): Name of Case Alameda County Superior Court # City of Dublin v. John E. Madden, et al City of Dublin v. Betty J. Woolverton, et al City of Dublin v. Ask, Inc. City of Dublin v. Liberty House Properties City of Dublin v. Shell Oil Company V-009574~1 V~009571~4 V~009572~3 V-009573~2 V~009576~9 City of Dublin v. Joseph Frank Gemma, et alV~009575~0 CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 465 REPORT ON CLOSED SESSION ACTION Assistant City Attorney Jarvis reported that no action was taken in the Closed Session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:10 p.m. Minutes prepared by Sandie Hart, Secretary. Mayor CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING September 12, 1995 PAGE 466