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HomeMy WebLinkAboutItem 4.01 Draft Minutes 04-10-1995 ~,~_.::... -_..,~. J . . REGULAR MEETING - APRIL 10. 1995 A regular meeting of the City Council of the City of Dublin was heldon Monday, April 10, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Houston. .........-....+.-.--..-..... ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None uu...."."".__u ~.."""""_"_ PLEDGE OF ALLEGIANCE Mayor Houston led the Council. Staff and those present in the pledge of allegiance to the flag. uuu..."...".... ..."....""...u_ PROCLAMATIONS 7:02 p.m. 3.1 (610-50) Mayor Houston read and presented a Proclamation declaring April 9-15, 1995 as National Library Week in Dublin. Pat Zahn, Branch Manager thanked the City for the good strong financial support. 7:04 p.m. 3.2 (610-50) Mayor Houston read a Proclamation declaring April 1 0-14, 1995 as National Community Development Week and commended the various agencies and communities that have been involved in the provision of Community Development Block Grant programs. ...........---.-.....--.----.--.......-.-.-.+....-.-..._._....._---------.........-.-.-....... HERITAGE CENTER ADVISORY COMMITTEE APPOINTMENTS 7:05 p.m. 3.3 (110-30) Mayor Houston announced his appointments to the Heritage Center Advisory Committee. Six people completed applications (Mary Beth Acuff, Mary Jane Hyde, Ellen S. Johnson, Gloria J. Kasdan. Janet Lockhart and Vyann N. Stager). Mayor Houston recommended the appointment of: 1) Mary Beth Acuff, 2) Mary Jane Hyde. 3) Ellen Johnson, 4) Janet Lockhart and 5) Vyann Stager. .................................................*.*******......**********.....******.**....*************** CITY COUNCIL MINUTES VOLUME 14 REGULAR .MEETING April 10, 1995 PAGE 224 ---------------------------------------------------------------------- ITEM NO. 4.J COPIES TO: A - . . . Cm. Moffatt asked if these people would be the ones appointed to a Commission, if one is formed. Janet Lockhart stated she applied for this because of her interest as a member of the Cemetery Association. She has been long involved with DHPA but wanted to see the Cemetery Association represented as well. Mary Beth Acuff stated she is very much interested in seeing the historical perspective expanded and for people to take advantage of the heritage that they have. She came from New Mexico where they had a strong historical center in Albuquerque. Cm. Burton noted there were two teachers on the list and this will keep it strong for the young people. On motion of Cm. Barnes, seconded by Cm. Moffatt. and by unanimous vote, the Council confirmed the Mayor's appointments to the Heritage Center Advisory Committee. uuuu."" ~.......""u AWARD TO CITY FOR OUTSTANDING ACHIEVEMENT IN THE AREA OF SPECIAL EVENTS 7:08 p.m. 3.4 (150-20) Mayor Houston advised that the City of Dublin's 1994 St. Patrick's Day Celebration was chosen as a 1994 award recipient in the Special Events/Festivals Division by District III of the California Park and Recreation Society. The award was presented to the City at the Annual Awards and Installation Banquet of the California Park and Recreation Society held on March 24, 1995. Mayor Houston stated he wasn't aware that something like this existed, but felt it was a tribute to the City of Dublin's Staff. Ms. Lowart accepted the award.. ...... , u. uuuu.~. CONSENT CALENDAR 7:10 p.m. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of March 27, 1995 (4.1); *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 225 . . Adopted RESOLUTION NO. 35- 95 AMENDING RESOLUTION NO. 2-95 ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN Changing City Council Meetings from Monday to Tuesday Effective in June. 1995 (4.2610-20) and directed Staff to notify interested parties, the Parks & Community Services Commission and the Dublin Housing Authority; Received the City Treasurer's Investment Report as of March 31, 1995, indicating the City's investment portfolio totals $19,240,322.74 with funds invested at an average annual yield of 5.850% (4.4 320-30); Authorized the Mayor to send letters seeking support for AB 866 and SB 602 (4.5660-40) which would change the method used to allocate sales tax on leased vehicle purchases to the State Senate Revenue and Taxation Committee and the Assembly Local Government Committee; Authorized the City Manager to execute an agreement (4.7 600-40) with Alameda County ($4,730) for EDAB services for Fiscal Year 1994-95; Adopted RESOLUTION NO. 36 - 95 AWARDING CONTRACT 95-02 (4.8 600-30) 1994-95 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM & HANDICAP RAMP CONSTRUCTION TO LUCAS CONCRETE ($37.325.20) Received the Financial Report for the months of February and March, 1995 (4.9330-50); Authorized Staff to solicit bids for 2 Copy Machines, (4.10350-20) a Konica 2028 and a Konica 6190: Approved the Warrant Register in the amount of $306,592.50 (4.14300-40). Cm. Burton pulled Item 4.3 related to the unmarked police car from the Consent Calendar , stating he felt this was much ado about nothing. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 226 . . Mr. Rankin advised that 10 bids were sent out and only one was returned. Cm. Burton felt if there was nothing else wrong other than it being a 4-door as opposed to a 2-door, they should be given the bid. If's not worth fooling around with something like this. Mr. Ambrose stated the Police Department tries to keep a variety. The only other way they could have approached it was to say 2-door and nothing else. They thought the dealers would bid on a 2-door but they bid only on a 4-door. em. Moffatt pointed out in the specifications it says the car shall be a 2-door. Mr. Rankin stated the specifications were revised in anticipation of rebidding. Cm. Burton made a motion to accept the bid for a 4-door from Shamrock Ford. This motion received no second. On motion of Cm. Barnes, seconded by Cm. Howard, and by majority vote, the Council rejected the bid submitted by Shamrock Ford for a used unmarked Police car and reauthorized Staff to solicit bids for 1 unmarked Police vehicle in accordance with revised specifications Cm. Burton voted against this motion (4.3350-20). Mayor Houston and Mark Dorazio pulled Item 4.6 from the Consent Calendar. Building Official Taugher then presented the Staff Report. Mr. Dorazio stated he works over by Pak 'N Save. He spoke with the OSHA office today and they said they might send somebody over for an inspection. They may also send a letter. He noticed yesterday that just off of Foothill Road there is a road that goes up to the ridge. The road is so steep that they put a sign up that says if's closed. At the bottom of the sign it says this is as a result of an Alameda County Resolution. Mr. Dorazio suggested that this would be one way that this problem could be easily solved. The City Council could say don 't pile this stuff so high; if's dangerous. Another way would be for the City Council to empower the Building Department to say it needs to be changed so if's not a public hazard. He hoped the City Council would do something about it. Cm. Moffatt stated if Pak 'N Save isn 't breaking any laws, the City Council could be in line for a very big lawsuit if they took action. em. Burton stated he felt the public hasn 't been informed but there has been quite a bit of study over the last 10 years. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 227 . . On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council received a report related to a complaint by Mark Dorazio regarding Pak IN Save Storage and took no action as no building regulation violations were noted (4.6440-40). Cm. Moffatt pulled Item 4. 11 regarding the ABC permits from the Consent Calendar. He asked if this includes I-day permits and if there is a waiting period. Lt. Gomes advised that this is state-controlled. The waiting periods are already in place. It's for where you have a concentration of liquor stores or establishments causing problems within a city. Cm. Moffatt asked if this will be discussed at the Council level? Lt. Gomes stated they would probably bring it to the attention of the City Manager if there were to be a problem, but normally, they would just deal with it. Mr. Ambrose advised that the City Council could change the regulations. The local governing body makes the decision and they could delegate it to Staff. Ms. Silver stated an appeal would come before the City CounCIl. On motion of Cm. Moffatt, seconded by em. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 37 - 95 DELEGATING DUTY TO MAKE DETERMINATION REGARDING ALCOHOLIC BEVERAGE CONTROL LICENSES TO STAFF (4.11 580-20) Cm. Burton pulled Item 4. 12 related to Schaefer Ranch GP A from Consent Calendar as he felt the Council may want to revisit this. This is a clean project that has gone through the process and is ready to go. It should be given a high priority. Cm. Moffatt stated he felt it should go through the normal procedures. No decision can be made until it goes through the Planning Commission and the process. They will get a hearing as soon as the Planning Commission can hear it. Mayor Houston referenced the rating. The rating will not slow down the process. The project will not be delayed or lose any momentum. If the City Council odds more projects, they would need more staff and resources at that point. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 228 . . Mr. Ambrose explained that this project was authorized last year and City Staff has been working on it. If new high priority objectives are added this could impact it from a budget standpoin t. Mayor Houston stated if they add more projects, they must add more resources. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council received a Report on Schaefer Ranch General Plan Amendment and adopted Planning Department Goals & Objectives (4.12420-30). Cm. Burton pulled Item 4. 13 related to the aerial photography project from the Consent Calendar and asked why DRFA isn't included in this. Mr. Ambrose explained that since Dublin and San Ramon both support DRFA we didn't want to pay twice. It is just a base map, so there won't be a discrepancy. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to execute a Consultant Agreement (4.13 600-30) for professional photogrammetric services for the San Ramon Regional Aerial Photography Project with Hammon, Jensen, Wallen and Associates, Inc. . uuuuu.......u.+........... REQUEST FROM DUBLIN HISTORICAL PRESERVATION ASSOCIATION (DHPA) TO CHANGE THE STATUS OF THE HERITAGE CENTER ADVISORY COMMITTEE TO THE HERITAGE CENTER COMMISSION 7:32 p.m. 5.1 (910-10) Parks & Community Services Director Lowart reviewed the Staff Report and stated Tom McCormick, President of DHPA requested this change. The Heritage Center Task Force did consider the merits of a Commission versus a Committee. They agreed that since the Heritage Center is under the auspices of the City's Parks & Community Services Department, the Heritage Committee should work through the Parks & Community Services Commission in the same way that the Senior Center Advisory Committee operates. Ms. Lowart discussed the options as contained in the Staff Report and stated Staff recommended that the City Council retain the Heritage Center Advisory Committee and reevaluate the role and effectiveness of the Committee in one year. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 229 ~'- . . Tom McCormick, President of DHPA reminded the City Council that the purpose is to preserve promote and rekindle within the Dublin area. By making this a Commission it will help promote Dublin as one of the more prominent in the East Bay Area. It will give the status needed to help the City receive grants and create far more interest in the activities at the Heritage Center. It gives it more status and more self-esteem. Cm. Moffatt asked if this would mean in 4 years. they could appoint a male to the board. Mayor Houston asked about grants. Who applies? Would the name make a difference? Ms. Lowart stated grants have always been applied for by Staff with Council approval. Cm. Burton felt the Heritage Center is the most important feature outside of City Hall regarding an attraction and advantage to the City. Dublin's old St. Raymond's Church and Murray School are probably the oldest in California. We have a real responsibility and he would like to see it have the prestige and strength of recognition from the state and regional agencies. It's unique and it needs special care. Charlotte Zika stated she served on the committee that originally heard all the information. They had a lot of discussion about this. They felt it should be under Parks & Recreation at least initially with the City running it to begin with. We may look at a Commission at some point in the future. She recommended that it be left as a committee for now. They would have preferred to see it under Parks & Recreation for longer than Staff's recommendation of one year. The group felt very strongly about this. Cm. Barnes stated she agreed regarding the importance. It was very important to the members of the task force. All this can be accomplished with a committee under P&CS. It could be reviewed after one year. Cm. Moffatt asked if it were to be a commission, would it still be run by staff and if the only difference would be the link of the P&CS. Cm. Howard stated she felt the only difference is the terminology and the money. She would like to leave it the way it is and review it in a year. Mayor Houston stated we have a precedence for this. They reevaluated the Business Development Task Force situation after 6 months. Cm. Burton felt it would have a lot to do with recognition to find grant money. . *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 230 . . Cm. Burton made a motion, which was seconded by Cm. Moffatt, to change the name to Commission. Cm. Moffatt asked if the members would be the same as those just appointed. Cm. Burton responded yes. Cm. Howard asked about the other 2 representatives, and if this would mean 7 commissioners. Mayor Houston responded yes, and pointed out that there are 7 spots at the dais. This motion was DEFEATED by NO votes cast by Mayor Houston, Cm. Barnes and Cm. Howard. On motion of Cm. Howard, seconded by Cm. Barnes, and by majority vote, the Council agreed to retain the Heritage Center Advisory Committee and reevaluate the role and effectiveness of the Committee in one year. Cm. Burton was opposed to this motion. f.... HU'~ PUBLIC HEARING - ORDINANCE REVISING CHAPTER 9.40 OF TITLE 9, SUBDIVISIONS. OF THE DUBLIN MUNICIPAL CODE TO PERMIT VESTING TENTATIVE MAPS TO BE ALLOWED FOR RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS 7:45 p.m. 6.1 (410-40) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and explained that Vesting Tentative Maps, when they are approved, lock in a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time of approval for a period of one year after the date of recordation of the final map. This protects the subdivider from changes to those ordinances, policies and standards for a period of time. This change would give non-residential developers the same vesting protection as residential developers receive. Cm. Burton felt this was important from the people on the outside looking in as to whether they will invest in a project. This gives them a lock in for a year so they can get their financing together. No comments were made by members of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, Cm. Barnes. seconded by and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. ...............U.~.U. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 231 . . PUBLIC HEARING NO PARKING ZONES ON SIERRA LANE AT DOUGHERTY ROAD 7:50 p.m. 6.2 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that the design for improvements currently being constructed at the Dougherty Road/Sierra Lane intersection requires that parking be prohibited on Sierra Lane near the intersection except for a small area of 15-minute parking proposed for the north side of the street west of Dougherty Road. The improvements will reduce congestion and improve safety for drivers. Cm. Moffatt asked about the area along the corners. Would the 75' be for parking and does it have any bearing on the signal going in? Mr. Thompson explained that it is set up for the signal. We won't have to increase or decrease the area. em. Burton asked about the area for limited parking. Mr. Thompson explained that not a whole lot of parking is used on most of the space. The 140' is a little misleading as there are 2 driveways and already a red curb there. It is mostly for the benefit of people coming out of the driveways and those making turns around the corner to give them a little site distance as to when cars are coming. Cm. Moffatt asked about the number of accidents there. Mr. Thompson stated we had more accidents before starting to put the signal in. If we don't do something about it, we would expect to see accidents there. There are very big radiuses on the corners so people could come around pretty fast. Allan Owens, a truck driver commented that the area directly behind Pak I N Save is a good area for truckers to park. It's a good responsible place for a driver to pullover. He would hate to see all the spots taken from them when trying to park a rig. They need places to stop for lunch and places to break up the double rigs. This location is a very handy place. He felt quite a bit of space could be left behind Pak I N Save. Mr. Thompson stated this area would not be affected. Dan Stuber representing businesses on the corner stated although they disagree with the elimination of any parking they understand the reasons. Staff contacted them and worked with them. They appreciate this and the fact that Staff is allowing for some 15-minute parking. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 232 . . Ripudaman Dhaliwal, who has a business on the corner of Dougherty Road and Sierra Lane stated they appreciate the 15-minute space that was left. He stated he had already discussed the line in the street that has narrowed toward the Mini-Mart. He asked why the line couldn't be down the middle. He spoke with Planning already. The road could be divided in half and there would be more space for cars to park. He did not know if this could be done or not. It might take 5 years before this area develops. It won't hurt if the road is not narrowed on one side. This could be discussed with the Police Department. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 38 - 95 ESTABLISHING NO PARKING ZONES AND LIMITED PARKING ZONES ON SIERRA LANE EASTERLY AND WESTERLY OF DOUGHERTY ROAD . ... +........ PUBLIC HEARING - NEW SPEED SURVEYS AND PROPOSED ORDINANCE TO CHANGE SPEED LIMITS ON THREE STREETS 8:02 p.m. 6.3 (590-20) Mayor Houston opened the public hearing. Public Works Director Thompson stated engineering speed surveys recently conducted on 3 streets, Amador Valley Boulevard (Village Parkway to Stagecoach Road); Dougherty Road (Monterey to Amador Valley Boulevard); and Peppertree Road (West Vomac to Silvergate Drive); indicate that a speed limit change may be required to avoid a "speed trap" situation when using radar enforcement. Mr. Thompson explained that the traffic court looks at the engineering survey when determining whether to uphold a traffic citation for speeding. When the speed limit is set too far below the 85th percentile speed, the court may not uphold citations. The City Council may set speed limits below the survey recommendations, however, Police Services' ability to use radar to enforce the speed limits will be restricted if the limits are not reasonably related to the engineering survey. Mr. Thompson stated Chief Rose reviewed the surveys and made recommendations based on the fact that he felt his traffic officers could still maintain effective enforcement at the . *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 233 ....- . . limits he recommended. Two draft Ordinances were presented for City Council consideration. Current Street Name Soeed Limit Amador Valley Blvd 25 mph (from VI'llage Parkway to Stagecoach Road) Dougherty Road 35 mph (from Monterey to Amador Valley Boulevard) Peppertree Road 25 mph (from West Vomac Rood to Silver gate Drive) 85th Percentile Soeed 34 mph 50 mph 36 mph Engr. Survey Recomm Soeed Limit 30 mph 45 mph 30 mph Police Chief Recomm. Soeed Limit 25 mph 40 mph 25 mph Mr. Thompson advised that Staff sent notices of this hearing to those properties which front onto the Peppertree Road and Amador Valley Boulevard street segments affected by this study and also notified the Housing Authority. Carl Springer with T J KM stated they did about 30 to 40 speed zone updates this year. He explained the process which by law, they must follow. Cm. Burton asked the length difference of a panic stop between someone driving 30 mph vs. 35 mph. What's the difference between the stopping distance? Mr. Springer stated he knew the formula but not the answer right off the top of his head. It's important to remember that the speeds are what people are driving now. It really hasn't changed in the last 5 years. The judge will throw out a ticket. For this reason, they do not recommend a speed that is arbitrarily low. The judge looks at the critical speed that is surveyed. Cm. Howard asked if it makes sense to raise it just so we can issue tickets. .Mr. Springer stated it is not a safety issue. Time and time again it has been shown that the vast majority, or 85% of the people will drive at what they perceive is a safe speed. Cm. Howard felt people assume that a policeman will allow them to go 5 miles over the speed limit. For this reason, shouldn't it be kept at 25 mph? Mr. Springer stated his experience has shown that on the whole, it doesn't make a big difference. Mayor Houston asked if people tend to go faster with a faster speed limit. Mr. Springer stated this is not really what happens. The speeds are almost identical. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 234 . . Cm. Barnes clarified that the City sets a speed limit and somebody goes 5 mph over and the judge throws out the ticket. Mr. Springer stated yes, this is what happens. Cm. Barnes responded if this is the case, then we need to start throwing out the judges. Maybe Councilmembers should be sitting in the courts during the daytime to observe. Mr. Springer stated the limits have to have some kind of relation to the 85th percentile speed. Cm. Moffatt asked if any special consideration is given because this is in a residential area. Mr. Springer stated they have used this in the past. Any street over 40' does not qualify as a residential street. It is measured curb to curb. It's a total width. Cm. Burton felt no matter what they do, the 85th percentile is what the courts go by. Mr. Ambrose clarified this would be if we want to use radar. We could use some other means of enforcement. Lt. Gomes stated the court automatically asks for the 85th percentile. Someone can then base their defense on the 85th percentile. The Police Department will typically not write tickets under the 85th percentile figure, unless there is something else to go with this such as an unsafe maneuver. You cannot pace somebody on a small distance street like this. Cm. Barnes stated she was afraid that what has been done is send a message and tell people that 34 mph is it. AI Hunter felt Cm. Barnes was right. He drives A VB everyday and also Dougherty. Dougherty is a speed trap; 35 mph is a joke. A VB is a unique situation. There are a lot of cars parked there and a number of kids. He agreed with em. Barnes on A VB, but felt Dougherty could be raised to 50 and not cause any problems whatsoever. George Zika, Peppertree, stated he has lived there for 25 years. They fought with the City since the very beginning. They needed and got a stop sign at Vomac and also at Shannon. If we raise the speed limit. put a stop sign on every corner. There are lots of little kids out there. This is like saying because you have a lot of burglaries in a neighborhood, let's allow them. If we need to put a stop sign at every corner, then let's do this. People think STOP . means Stop Teasing Our Police. The stop signs at least slow them down a little. ***************************************.*....**..**..*****.**.**.********..*****.*******.****************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 235 . . Rodney Pitchford felt if we raise the speed limit on Peppertree you are condoning hitting a kid. He doesn't want to see somebody get run over. Andrew Rafferty, Peppertree Road stated he has seen only one police officer in the last 9 months and that was a CHP officer. The survey proves that people are going too fast there. He suggested that we might want to put in speed bumps. It's like the Grand Prix after midnight. If you raise the speeds, people will go faster. This will be on the conscience of the City Council if they raise it. Brenda Ford, Fenwick resident stated there are 3 schools in the neighborhood. Valley Christian Center, Nielsen and St. Raymond's use this area. There is a hill there. The children don't watch out for everyone. They don't care what the drivers are doing. Many times kids going down the hill on their bikes are going faster than she is going in a car. We must watch out for the safety of people's children. Don Carpenallo, Peppertree Road, agreed with what Mr. Zika said about stop signs. When a child is injured or a serious accident occurs, no one cares about the statistics Mr. Springer cited. All hours of the night, it is a freeway. He felt the judge would wise up if a lot of tickets are issued. Beth Rizzee, Peppertree Road, a new mother stated she cared a great deal about this issue. It is real important. We should keep the speed limit at 25 mph. Kevin Dick, 8142 Peppertree Road stated the issue of the 85th percentile is needed when you stand up in a court of law, but the issue here is one of safety. He has had 3 accidents right in front of his house. He is at the base of the hill. People pick up speed as they come down the hill. We need to spend more time and effort on enforcing the law. Allan Owens stated his wife pointed out this issue to him in the newspaper yesterday. He quickly wrote up a petition and went up about 4 blocks on A VB. He got about 15 signatures before someone said they received a notice of a public hearing. He talked to 15 people before he came across someone who stated this. He asked if there was a really serious breakdown of communication in sending notices. Mr. Thompson stated they sent notices to all the addresses that front A VB. Mr. Owens read his petition. When backing out you really take a chance. A VB is already over-traveled by commuters. Raising speed limits will raise noise levels that are already unpleasant. It will damage their property values if the speed limit is raised. We should enforce current speed limits. Why not narrow the street so it can be considered a residential street? He referenced a program used in Campbell of giving citizens radar guns. He asked *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 236 . . that Dublin look into some creative alternative measures. They are really feeling the pressure of additional motorists. They know this will not get any better. Jay Carlton, 8110 Peppertree Road stated he agreed with everything that had been said. In the special conditions section, the engineer had an opportunity to put in a lot more detail. There was nothing about the fact that there are 3 school nearby that are fed by Peppertree. The grade was not included. He felt with increased enforcement by the Police Department, people will realize they will be caught and then the critical speed will drop. The speed will then be upheld in court. He sees the Police Department in a lot of areas around the City. He very rarely sees an officer on their street. There needs to be more visibility and enforcement. Even though A VB is 63' wide, the median area has a curb. There are also some special circumstances with all the driveways there. There is no option if you have to brake quickly on A VB. Keep the speeds at 25 mph on A VB and Peppertree. Marla Robeson, Peppertree Road resident stated at her former neighborhood she hit a child. She will always remember this. She was going the speed limit and the child ended up with no front teeth, a broken nose and a slight concussion. The child was thrown 22'. She knows what can happen in a situation like this. The City Council should consider that one accident can wreck a whole neighborhood. George McCloskey, Peppertree Road felt safety was an issue that doesn't need to be discussed further. He wanted to talk about issuing citations. He works in law enforcement and is familiar with the court system. The officer must testify as to other mitigating circumstances and all things that contribute to unsafe speeds. Saying if we don't enforce the speed limit for anything over 25 mph that it will be thrown out, is not really true. There are several things the City can do to slow people down. Oversized speed limit signs and perhaps an additional sign at Regio might help. He has never seen the radar trailer used in his neighborhood. Alice Samsky, A VB stated the thing that bothers them the most is buses that can't seem to go 25 mph. She has been almost rear-ended by trying to pull into her driveway 3 times. There are a lot of kids at Burton and she has seen a lot of near accidents. A stop sign at Burton would be wonderful as one would be at Emerald Avenue. There are wrecks on A VB. Recently they saw the lights going for an hour and a half early in the morning. Please don't raise the speed limits. She agreed that oversized signs might help people out. Joanne Smith 8139 Peppertree Road, stated she lives at the base of the hill. She stated she couldn't reiterate strong enough about what people have said about the children. They don't use the sidewalks. She and her husband had passed along another petition and 99.9% of the people were strongly against raising the speed limit. She was surprised at the number of people that don't stop at the stop sign at Shannon. 'She did not know why the Police Department don't seem to patrol this area. The traffic at peak times on the street is *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 237 . . going so fast that she backs out of her driveway going the opposite direction that she wants to go because if anybody comes down the hill, they are traveling so fast it's too dangerous. People are in such a hurry. She asked for more patrol. Don't raise the speed limit. Enlarge the signs. Mary Beth Acuff stated she lives on Via Zapata, and in the time she has lived there, the neighborhood overall has gotten a lot younger. There are many more kids. She suggested that people still be cited. When someone has to go to court, even if the tickets are thrown out, it's a hassle. Just getting the ticket is a tremendous hindrance to the individual. Literature should be at the court and each person coming in for a ticket, should be given this. Doug Whistler, A VB raised points about medians being installed and the speed limits. The medians were narrowed and the olive trees were taken out. The issue of holding to an 85th percentile had already been discussed and he felt this would not happen. The Police Department is not currently citing at the 85th percentile. An officer will usually be there for only about 5 minutes. In the last 5 years, when we've had radar enforcement, it is still not adequate. Carla Dick, Peppertree Road asked about the 85th percentile speed. Mr. Springer explained that this is just a measure of what everyone drives. Ms. Dick stated by using this logic, we could be saying 10 years down the line if everyone is driving 40 mph, this should be the limit. Where will this stop? It has to be a safe speed. Joe Roster. 7740 Peppertree Road stated he is on the corner of Solana Drive and it isn't quite a straight shot down Peppertree. People tend to want to straighten the curve out. Silvergate has a nice large 25 mph sign, unlike Peppertree where they need more stop signs. Mayor Houston closed the public hearing. Mayor Houston stated he felt the Police Chief's recommendation was where the City Council was headed. Cm. Howard asked if statistics were available on how many tickets were challenged. Lt. Gomes stated radar tickets are contested on a fairly consistent basis. The Vehicle Code is pretty specific on the 85th percentile. The other unsafe conditions must exist at the time. Officers go to court on a regular basis. The radar trailer has been on Peppertree Road and twice it was vandalized while there. **************************************************************.*****.**...*..**********************.**.**** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 238 . . Cm. Howard asked how Silvergate gets away with meeting the 3 conditions listed. Mr. Springer explained that Silvergate is not listed as a residential street because of its width. Cm. Moffatt asked about the speed limit on Silvergate Drive. Mr. Springer responded it is 25 mph. Cm. Barnes commented that on Dougherty Road she was concerned about increasing the speed because of potholes, coming off bad weather, etc. Maybe we should leave this alone for the time being. The road is just not great to be driving fast on. Cm. Howard asked if they could keep it at 35 mph for now and specify once it's completed, it could be raised. em. Burton reminded everyone of the complaints from Arroyo Vista a few years back. Mayor Houston pointed out that the 85th percentile is going 50 mph now on Dougherty Road. em. Burton stated the reason is to arrest and fine people. Mayor Houston felt 35 mph was not realistic on Dougherty Road. Cm. Burton felt we should go with the police recommendations. Mr. Springer again stated people will drive at what they feel is safe. Radar enforcement does not have a lasting impression. He recommended that the City consider alternate enforcement to get critical speeds down. Speed humps are gaining popularity. Speed bumps are found in shopping centers and they are different from speed humps. They are pretty common in the Bay Area. They just developed a system in San Leandro. It was the only way they could find to cost effectively reduce speeds. They are 12' long and 3" high. Mayor Houston felt most people want to conform to the speed limit. Cm. Barnes stated she loves the radar trailer. When you see this, you know how fast you're going. Mr. Thompson stated they looked at the humps a few years ago when they were first getting started. There were some liability issues then. · ************..*******************************.*****..****.*.*.**.**************.*.***....***********.*****. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 239 . . Mayor Houston stated he would be interested in seeing this. Mr. Springer stated they couldn't be used on AVB. Even though the public hearing was closed, Mayor Houston allowed comments from the audience. Residents asked who would pay for their wheel alignments on Peppertree. George Zika asked what was wrong with additional stop signs. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance establishing a speed limit for Dougherty Road (from Monterey Drive to Amador Valley Boulevard) of 40 mph. .UUUHUHU. ~'''''''''.''''.'''''UH ROWELL RANCH RODEO BANNER REQUEST 9:11 p.m. 7.1 (270-10) Public Works Director Thompson stated at the March 27 City Council meeting, the Council reviewed a request from the Rowell Ranch Rodeo to use the City's banner poles to advertise the 1995 rodeo. The Rodeo Committee proposed to utilize the services of a local electrical contractor to install the banner, rather than paying the cost of having the City maintenance crew install it. Staff has contacted the proposed installer and fees that this proposal is feasible. Mayor Houston asked about revising the fee policy and if this would be for someone doing their own work. Mr. Thompson explained this would be a case-by-case basis. They would have to put up a bond. Mr. Fields stated he was satisfied with this. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved issuance of permit to Rowell Ranch rodeo on the basis that the applicant's installer will install the banner, subject to permit conditions and directed Staff to prepare a revised policy and fee schedule for future banner installations. UUU.HUUHUU_+ ..................H *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 240 . . SENATE BILL 323 - AMENDING PUBLIC RECORDS ACT 9: 14 p.m. 8.1 (660-40) City Attorney Silver presented the Staff Report and advised that Senate Bill 323, sponsored by Senator Kopp, would make significant amendments to the Public Records Act. As written, the bill would require an unknown but substantial expense to the City to upgrade its computer equipment. The League of California Cities has several concerns, including: that the bill creates an unfunded mandate; that many smaller agencies lack the specialized knowledge required to comply; and that security of computerized records may be jeopardized. Cm. Burton asked about the status of the state mandate being required. Does the state have to put up the costs if they mandate it? Ms. Silver advised if the state mandates it, the city could file a claim for reimbursement. Cm. Burton stated this is not mentioned in the letter to Senator Kopp. This would require some consideration on the part of the state. Mr. Rankin stated they have not funded the mandate reimbursement because of budget reasons. There's a whole process you must go through. What they have done in the past, is just not allocate money. Ms. Silver stated something could be added to the second paragraph of the letter. Cm. Burton advised that the League of California Cities stated this would also be a fishing expedition by the lawyers. Mayor Houston asked if Kopp acknowledges that this is an unfunded mandate. He felt Kopp probably doesn't feel it is. Whatever we have available, we must provide. The information disseminated is a lot different than it was 28 years ago. We will be changing the way we get information out in the future. This seems to be something that is real in the computer world and something that is not going to go away. Ms. Silver stated she did not know if Kopp considers this to be a state mandate. It doesn't necessarily mean there will be funding. The League's concern with the bill is that there are no incentives to public entities that information systems include specified provisions without incentives. They feel if the bill were amended to provide incentives it would be more palatable. Mayor Houston asked what an incentive would be. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 241 . . Ms. Silver stated it could be if a public entity did design an information system so that there could be computerized access to records, perhaps the entity would not be subject to attorney fees for failing to disclose records. Current incentives were discussed. Cities can now not recover their costs for researching records. They can recover copy costs only. Cm. Burton asked if she considered this to be a situation where lawyers would use this to go looking for things to find some things and then be able to use it to sue. Cm. Howard felt it could be used by ambulance chasers. Ms. Silver stated cities do get requests from businesses for records and some are clearly requests of a commercial nature. The Public Records Act does not distinguish between commercial requests and any other. Cm. Burton questioned the white-out term. There are hackers getting into national defense information. Setting this up to keep public information away from them - ore we that sophisticated now? Ms. Silver explained as an example that the home telephone number would not be disclosed on a dog license application. Kopp would like to have cities have computer systems where they could push a button and say eliminate all the exempt information. This component would have to be included on any computer system purchased after January of next year. Mayor Houston felt everything was conjecture except the unfunded mandate. The other issues whether we like it or not, won't happen overnight, but over the next many years. He opposed the letter as written. He would scrap this letter. Rewrite it and just address the unfunded mandate issue. Cm. Howard made a motion which was seconded by em. Barnes to send the drafted letter. Cm. Moffatt asked if they could just oppose it. Cm. Moffatt then made a substitute motion to oppose the bill for the reasons discussed. There was no second to this motion. Cm. Burton also felt we should consider the Staff time involved; Staff time and implementation. ******A**************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 242 . . Mr. Ambrose stated the most effective way is to collect it from the people involved. We collect zero from state-mandated programs. Sacramento plays a shell game. It's not an effective way of operating government. Mayor Houston commented that he did not feel all the reasons were valid. Cm. Howard stated she did. The Council asked if this could be reviewed further and brought back in the future. Ms. Silver stated the bill goes to the Senate Judiciary Committee on April 18th. Mayor Houston felt public accesses records will be changing in the future. Cm. Burton suggested using Paragraphs 1, 3 and the litigation issue in Paragraph 4. em. Howard made a motion to accept the letter as written. Cm. Barnes seconded the motion. Cm. Moffatt made a substitute motion to oppose the concept with provisions. Mayor Houston seconded the motion. The motion was defeated due to NO votes cast by Cm.'s Barnes, Burton and Howard. On motion of Cm. Howard. seconded by Cm. Barnes, and by majority vote, the Council authorized the Mayor to send the letter as drafted to Senator Kopp and the Senate Judiciary Committee in opposition to SB 323. Mayor Houston opposed. . . . . . , , , . , , , , . .............V CITY COUNCIL TEAM BUILDING CONSULTANT 9:43 p.m. 8.2 (610-20) City Manager Ambrose stated at the City Council meeting of March 27, 1995, the City Council directed the City Manager to contact Arlene Willits, Communication & Management Consultant, to propose and prepare a scope of work for a Team Building Workshop for the City Council. Ms. Willits prepared a letter outlining her proposed approach to providing a workshop for the City Council with an estimated total cost of approximately $2.400. Ms. Willits indicated that the first step in the process would be to interview the individual participants and develop a workshop based on the issues and concerns identified as a resuJt of those interviews. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 243 . . Mayor Houston asked if this would be done in 2 stages; Individual interviews and then as a group? Mr. Ambrose stated yes, this is how it would work. Mayor Houston felt it would be positive. Cm. Moffatt stated he knew Arlene well, but he did not see the point of this exercise. He asked what the objective was. Mayor Houston stated he felt there was some benefit from this. It has to be a 5-0 vote however, or he would be against it. Cm. Moffatt asked what they are trying to accomplish. Cm. Barnes felt they owe it to the citizens to work together. They need to acquire the skills of working together. She felt this is something that should be done periodically by any body. It's very important to step back and acquire the necessary steps to work together. Mayor Houston felt even though they may think they are doing a good job, they can always do better. Cm. Burton stated he did not feel it was needed, but he would support it. Mayor Houston felt a half-hearted vote was better than nothing. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council agreed to proceed with the team building workshop. .. .HUU'~"UH APPOINTMENT OF AD HOC COMMITTEE ON GARBAGE FRANCHISE NEGOTIATIONS 9:48 p.m. 8.3 (110-30) City Manager Ambrose stated in accordance with direction from the City Council, Staff has been working with the City's Consultant in reviewing the proposal made by Waste Management for a new garbage franchise for the City of Dublin. Staff felt it would be helpful to have some City Council input and review of the proposal and service options prior to finalizing negotiations with Waste Management Company. The Committee would not be a standing committee, as it is anticipated that it would need to meet only once or twice. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 244 . . Cm. Burton stated he recommended that em. Barnes and Mayor Houston be the two members. Mayor Houston stated he was going to ask if em. Moffatt was interested. He would like Cm. Barnes and Cm. Moffatt to serve. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council appointed Cm. Barnes and Cm. Moffatt to serve on the Garbage Franchise Negotiations ad hoc committee. ... .. H_.U HH..." ALAMEDA COUNTYWIDE LONG RANGE TRANSPORTATION PLAN 9:50 p.m. 8.4 (1060-90) Public Works Director Thompson presented the Staff Report. The Alameda County Congestion Management Agency, of which Dublin is a member, has completed its Long Range Transportation Plan and is requesting approval of the Plan by its member agencies. The Plan sets goals, policies and capital projects for the long term transportation needs of the County. It will also be used as the basis and recommendation for future transportation funding. Mr. Thompson reviewed CMA's policies related to revenue, investment and management strategies as contained in the Staff Report. Mr. Thompson advised that the Resolution stated the City of Dublin will use the Transportation Plan as a document to be consulted in future transportation decisions in Dublin. The Cities of Pleasanton and Livermore have adopted resolutions with similar wording. Mr. Thompson stated Jean Hart and Roger Henderson were present to answer any questions. Jean Hart from CMA stated Staff had done an excellent job on presenting the plan. She expressed thanks to former Mayor Pete Snyder, Cm. Moffatt who is the representative to the CMA, and Mehran Sepehri who spends a great deal of time monitoring them to make sure they mind their p's and Q's. Dublin has been well represented on this plan. The plan itself was based on one fundamental principle that would be a collaborative process to include all the cities, the county and the transit operators. Roger Henderson stated he had about a 7 minute slide presentation, "Transportation Vision 2010 and Beyond". The Plan recommends better use of what we have, and improve system performance. 1-580 is a critical truck route. . Cm. Burton stated one of the things was to have the tax pass by a simple majority. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 245 . . Ms. Hart stated she believed that the bill had beer introduced by Senator Alquist and is going through the committee process. It has not reached its first hearing. She presumed there would be a series of community outreach meetings. The bill would give Bay Area voters an opportunity of whether to impose a special gas tax. The simple majority issue has not been determined yet. There is a lot of work yet to be done. Cm. Burton stated he is all for user fees. Automobiles cause congestion and we ought to make them pay for the cost of roads. AI Hunter stated he felt this comment was a very anti-business approach. The Task Force just went through all kinds of stuff trying to get businesses to come in to this State. The State of California will be the most pristine state in the nation because nobody is going to live here. User fees in the state are ridiculous, as are hook-up fees. He was shocked to hear Cm. Burton, someone who he thought was pro-business, say let's increase user fees. Let's run some more taxpayers out of California. Before we use the word tax you need to make sure what this word really means. A lot of businesses will not locate here because of everything they see in the papers about taxes. Mayor Houston felt em. Burton was saying if you have to raise revenue, make it a user fee rather than just raise taxes. Ms. Hart stated a group was formed called Citizens for Better Transportation and it consisted of a number of representative groups throughout the state. They identified transportation needs throughout the state as well as a variety of funding sources. One of the sources identified at that time was in either state, regional or local gas tax. MTC believes that in order for any sort of regional gas tax to pass, it will require participation of the business community as well as the environmental community to make it work. If there is strong opposition from anyone segment of the Bay Area community, it is highly unlikely that it would pass. They need to develop something that everyone is satisfied with. The Council complimented Mr. Henderson for the good job he is doing. On motion of Cm. Moffatt, seconded by Cm. Burton. and by unanimous vote, the Council adopted RESOLUTION NO. 39 - 95 ADOPTING THE ALAMEDA COUNTYWIDE TRANSPORTATION PLAN AS A CITY OF DUBLIN POLICY DOCUMENT ........_..__._.__.._._..~..................._- *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 246 . . OTHER BUSINESS 10:09 p.m. U pcominq Meetinq Reminders (610-051 Mr. Ambrose reminded everyone of the meeting Tuesday with the Pleasanton liaison committee. A ..........--u--..........v......."'..."..... Notices to be Mailed to City Council (610-101 Cm. Barnes felt the City Council should be more aware of notices. Not one person who called her related to the speed limit issues mentioned receiving a notice. Whoever is mailing the notices, maybe there is a problem. She suggested that maybe the notices which go out on these types of issues could be mailed to the City Council. so they will know. Mr. Ambrose stated this was a good suggestion. Unfortunately. a lot of our stuff is viewed as junk mail. 'UUUHUUUUUUU. +"HH'H Dublin Pride Week - Expansion of Activities (150-801 Cm. Barnes reported that we just ended Dublin Pride Week and next year she would like to get going on this early. She happened to be shopping at a local hardware store and had the little fuzzy on and everyone wonted to know why they weren't involved in Dublin Pride Week. She assured them that they would be included next year. ..........+.. Council Comments (610-50) Cm. Burton asked 2 audience members if they were students of Las Positas. He congratulated them for staying for the entire City Council meeting and stated he hoped they get a good grade on their term paper. Lou Salazar stated she had learned a lot in just speaking to each one of the City Council. She stated she had left messages for Cm. Howard and Mayor Houston, but hadn't spoken to them. H.+'................' *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 247 . . CTV 30 Call-In Show (1050-501 Cm. Burton commented that May 17 is loading up: the Rowell Ranch ride, the BBQ, the CTV call-in show, and a 3:30 p.m., school district liaison meeting. The City Council asked if the May 17 date for the CTV call-in show could be changed. Ms. Keck stated she would contact Sheila Tole and request another date. ,... ... .........+.... ABAG Dues Increase (140-1 0) Cm. Moffatt reported that on April 21 , ABAG will be having a General Assembly. They are requesting an increase in dues and it would be around $100 which is about all /2% increase. Secondly they propose an amendment to the per diem rate from $75 to $100 for the executive board and standing policy committees. Mayor Houston stated he would vote against the increase in per deim thing. Give them the $100 increase for dues only. The Council concurred. H.+....... CLOSED SESSION 10:18 p.m. 10.1 (640-30) The City Council recessed to a Closed Session for a conference with Legal Counsel - Anticipated Litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - one potential case. REPORT ON CLOSED SESSION ACTION City Attorney Silver reported that no action was taken. ...___.....__....~._...__H.__..._........... *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 248 . . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:36 p.m. .......~. Mayor ATTEST: City Clerk UU'+'H *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING April 10, 1995 PAGE 249