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HomeMy WebLinkAboutItem 4.01 Draft Minutes 04-25-1994 y ~ . . REGOLAR MEETING - ADril 25. 1994 A regular meeting of the city council of the City of Dublin was held on Monday, April 25, 1994, in the council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: Councilmembers Burton I Houston, Howard, Moffatt and Mayor &pyder. ABSENT: ~one. * * * * PLEDGE OP ALLEGIANCE Mayor snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * COSTOMER SERVICE AWARD FOR MAY (150-90) Assistant City Manager Rankin presented the May customer service Award to Linda Schmidt, Office Assistant II in the Administrative services Department. * * * * PROCLAMATION (610-50) Mayor Snyder read a proclamation declaring May 9, 1994 operation Prom Night. This event which is scheduled to be held at Dublin High School involves a simulated automobile accident involving a teenager driving home from the Prom under the influence of alcohol. * * * * RECYCLING WINNERS FOR MONTH OF MARCH (810-60) Mayor Snyder announced the recycling contest winners whose names were drawn by the city Clerk for the month of March. Savings Bonds were or will be presented to: Michael stewart, Ken Kark, Teresa Hurst, Bob Wright and Charles Veith. * * * * Closed Session Added to Aaenda (640-30) em. Houston announced the need to add a closed session in accordance with Government Code section 54956.9(a) related to existing litigation, city of Dublin vs. Ross, in order to give settlement authority to the city Attorney. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to add a closed session. * * * * *G*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 119 Regular Meeting April 25, 1994 ---------------------------------------------------------------------- ITEM NO. ~ COPIES TO: ~~/ . . CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the eouncil took the following actions: Approved Minutes of Regular Meeting of April 11, 1994; Authorized the city Manager to execute an agreement with Hislop Associates (600-30) for the development of city Clerk and Finance Department records retention schedules, not to exceed $2550; Adopted RESOLUTION NO. 34 - 94 AUTHORIZING AN AGREEMENT BETWEEN THE eITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOeK GRANT (CDBG) PROGRAM FOR FISeAL YEAR 1994-95 (600-40) Adopted RESOLUTION NO. 35 - 94 AWARDING CONTRAeT 94-03 (600-30) SIDEWALK SAFETY GRINDING TO THOMASSON ENGINEERING ($10,804) Adopted RESOLUTION NO. 36 - 94 MODIFYING NO PARKING ZONES ON SeARLETT COURT SOUTHERLY OF DUBLIN BOULEVARD (570-20) Adopted RESOLUTION NO. 37 - 94 AMENDING THE CLASSIFICATION PLAN REVISED JOB DESeRIPTION TO eOMPLY WITH ADA REGULATIONS FOR COMMUNITY SAFETY ASSISTANT (700-20) Received the Finance Report for the month of March, 1994 (330-50); Authorized Staff to submit a grant application for multi-year grant funding from the Tri-Valley Community Fund for a senior Center outreach Coordinator (595-10); Approved Warrant Register in the amount of $830,812.72 (300-40). * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 120 Regular Meeting April 25, 1994 . . REQUEST FROM ALAMEDA COUNTY PUBLIC WORKS FOR SUPPORT OF AB 3159 RE BRIDGE AND VESSEL FEES TO FOND ESTUARY BR~DGE MAINTENANeE AND OPERATIONS (660-40/840-10) Public Works Director Thompson presented the Staff Report and indicated that AB 3159 proposes the levy of a maximum $2 vehicle registration fee and maximum $10 vessel fee to fund maintenance and operation of 3 Oakland/Alameda Estuary bridges. The vehicle and vessel fees would affect registrations only in Alameda County. Cm. Moffatt asked if the vessels will be registered through the Department of Motor Vehicles and what size they would start with. Mr. Thompson stated he thought it would basically apply to pleasure boats and someone indicated 9' or larger. Cm. Moffatt asked if trucks were covered under the vehicle category and what about stored vehicles. Mr. Thompson stated he thought if the vehicle is licensed in Alameda County and if you are a permanent resident, you would pay this surcharge fee. Cm. Moffatt questioned the benefit to citizens of Dublin. Mr. Thompson advised that currently it takes monies out of the road fund used to maintain County roads, which means residents would be driving over more potholes. Some people in Dublin do drive to work in Alameda. At present it would not be practical to put in toll booths for the bridges. Cm. Burton stated he looks at this like the camel's head in the tent. If this works, everyone will start with similar requests. It is hard to relate this to Dublin's residents. He supports user fees. He pointed out that this must still go before the legislature. He sees this as an indication that someone has found a new way of making an assessment. Cm. Houston stated he did not think this benefits residents of Dublin and therefore, did not feel the council should support it. On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that it would file the report without taking any action. * * * * HERITAGE TASK FOReE FINAL REPORT (910-40) Recreation Director Lowart presented the Staff Report and discussed the Staff Analysis of the Heritage Task Force recommendations. The Heritage Task Force believes that the Heritage Center is an important historical resource for the City; one that should be properly main- tained and utilized more fully by the community. They also recognize *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 121 Regular Heeting April 25, 1994 . . that if their recommendations are carried out, there will be a financial impact on the City. However, they believe that it will be in the cit~'s best interest to preserve and promote the historical resources of the city for future generations. The renovation of the Heritage Center will be brought before the Council once the Architects have completed their structural survey and code compliance analysis of the site. Pursuit of improvements will be based on available funding. The Task Force recommended and city staff concurred that a part-time Heritage Center Director should be hired at an estimated annual cost of $13,861. It would be necessary to allocate additional funding in the Heritage Center Budget for Fiscal Year 1994-95 when the Council considers adoption of the Budget in June. Ms. Lowart advised that staff concurred also with the Task Force recommendation that a 7 member Heritage committee be established. suggested composition and general responsibilities were outlined in the Staff Report. em. Burton asked if the office in the school would be enclosed so that it would be semi-private. Ms. Lowart stated currently there are 2 rooms and in the back there is an area that is utilized as an office now. It would require some minor alterations. em. Burton asked how the director would be picked. Ms. Lowart advised that the city would be looking for someone with experience to augment the limited Staff knowledge related to cultural and heritage facilities. . Cm. Burton discussed getting college people who would get credit and suggested that staff look into this. em. Houston asked at what point this person would be hired. Ms. Lowart relayed the fact that the city did a similar thing with the senior center. We brought a person on board when the center was about halfway through renovation to get programs set up. They anticipate starting the renovation of the Heritage Center in AUgust and completing by December, so a director would probably be on board about 9 months of the next fiscal year. em. Moffatt questioned the amount of money in the budget. Ms. Lowart advised that the operating budget is about $12,000 and there are additional funds for the renovation of the facility. Cm. Moffatt voiced concern over the director's position and questioned if this would eliminate volunteers. I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 122 Regular Keeting April 25, 1994 . . Ms. Lowart responded not at all. Cm. Moffat~ stated when the committee is established he would like to include, "consider other areas of historical value in the city", as part of their responsibility. Ms. Lowart stated bylaws would actually be developed that would outline the responsibilities. There could also be other historical items that come to light as east Dublin develops. Cm. Burton congratulated Staff and the Task Force for their work. Val Barnes stated after working on this for 7 months, the HTF believes the Center is an important resource for the city and with appropriate management and a stable source of funding, it can be a real source of pride for all Dublin residents. There are a lot of groups who would be willing to volunteer their services. Georgean Vonheeder stated there was a great deal of effort in reaching a consensus among all the historical groups. The DHPA struggled a long time with giving up the operational control. A director could allow them, however, to do a lot of other things that they haven't had the money or opportunity to do. All they have been able to do is keep the building standing for a long time. They worked a long time on this and everybody has bought into it. Cm. Burton felt this is so important to the city and it is a unique opportunity to be recognized. We need to have some kind of formal ceremony to include all the people who worked on it; all the groups should be included. Cm. Houston proposed doing this when the renovation is done. It would have more value at that time. Cm. Burton felt the renovation will be piecemeal, so he suggested doing it both times. Gary Johnson with the Clampers group stated he felt the idea is exciting. On July 9th, they will be having their candlelight ceremony to bring in additional members. On motion of Cm. Burton, seconded by Cm. 'Houston, and by unanimous vote, the council accepted the recommendations from the Task Force; directed Staff to prepare a Higher service Level for city council consideration as part of the FY 94-95 Budget; and approved composition of Heritage Committee and authorized Staff to begin recruitment of Committee representatives. staff was also directed to plan a ceremony to formally recognize the transfer of the Heritage Center to the city and to recognize those involved. Ms. Lowart indicated that this will necessitate another meeting of the Heritage Task Force. * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 123 Regular Keeting April 25, 1994 . . ENFORCEMENT POLICY FOR eITY OF DUBLIN'S NPDES PERMIT (1030-20) Public Wor~s Director Thompson advised_that this item delineates the enforcement process which is required by the city's National Pollutant DisCharge Elimination System permit. As requested by the city Council, specific examples were included in the report. In the 1987 Amendments to the Clean Water Act, Congress broadened the requirements of NPDES permits as applied to municipal storm water systems. The Act requires that municipalities obtain NPDES permits for discharges from storm water systems, and that all such permits must: 1) include a requirement to effectively prohibit non-storm discharges into storm drain systems, and 2) reduce pollutant discharges to the maximum extent possible. Mr. Thompson indicated that in July 1992, the city adopted its storm Water Management and Discharge Control Program Ordinance which empowered the eity to implement pollution control measures and establish discharge regulations, requirements, and enforcement procedures. It also provided for coordination with other programs, procedures for emergency clean-ups, and ways to keep the storm system clean in conformance with state and Federal regulations. Mr. Thompson advised that Dale Boyer from the Regional Water Quality Control Board was present in the audience as was Dr. Tom Mumley, to answer any questions the Council may have. Cm. Burton stated he appreciated staff going to the extra trouble in explaining how this will be enforced. The example of the fast food restaurant having to clean up the creek when they weren't the ones to dump the stuff caught his eye. He interpreted the example as being a creek located some distance from the business. This is kind of SUbjective. Mr. Thompson stated there are several of the fast food restaurants that have a concrete v-ditch directly behind their location. They regularly pOlice this. They also have dumpsters. Cm. Burton stated he had also asked for but didn't see an appeal process. There are going to be some cases that are so SUbjective that the person may say they are not responsible. Mr. Thompson stated his understanding was that in order for the city to take any legal action, the eouncil would have to authorize this. City Attorney Silver advised that if it is something that has to be proven, it might not be worth the city Council's effort to proceed. If a situation got that far, she would bring it to the city council and ask for prosecution before a eivil Court or the District Attorney, etc. Cm. Burton stated he just wanted to make sure there is an appeal process. , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 124 Regular Meeting April 25, 1994 . . Ms. Silver stated there is a general provlslon in the Dublin Municipal Code which explains the procedure, however, this section must be explicitly~referenced in the ordinanceL Mayor snyder felt the council was making too much out of one part of this issue. There are other substances that get into the drain that cause problems. Dale Boyer of the Regional Water Quality Control Board, indicated that this policy was developed by agencies involved in the Urban Runoff Program. The city of Dublin is a discharger of this program. They agree that education is the first stage. It is to our benefit to have the ability to work with businesses at the local level. Cm. Moffatt questioned how it will be monitored, and if the fines will go to the municipality or the water board. Mr. Boyer stated they have several ways and they look to the various agencies to make the program work. Fines will be dealt with in the same manner in which other fines are administered. Mayor Snyder discussed the recent case involving the Santa Clara County Transit action. Assessment against the Authority was in excess of $50,000 and it was a severe situation. They did not deal with the problem beforehand. This assessment was to wake them up. Dr. Tom Mumley of the RWQCB, stated he didn't know the details, but it had to do with mismanagement of waste at the site. Enforcement steps were taken because it involved such a significant spill. Normally, the fine goes to the state clean up and abatement account, but they may put it back into the community to clean up. A major problem is regional problems. A lot of things don't recognize boundaries. A lot of the solutions are just common sense. They want to go through the steps to solve the problem. Cm. Burton asked what if there is no solution; do they have ways to advise the businesses? Dr. Mumley stated he felt they have demonstrated ways of trying to look at consistent effective solutions. They are most effective in dealing with the trade organizations in the community. They always ask, "Could this problem have been avoided?" Cm. Burton wished them lots of luck. Dr. Mumley stated they appreciated the help of staff. Cm. Moffat~ pointed out that toxic waste isn't as bad if you control it and there is quite a market for recyclables now. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 125 Regular Meeting April 25, 1994 . . On motion of Cm. Moffatt, seconded by em. Howard, and by unanimous vote, the council adopted - RESOLUTION NO. 38 - 94 ADOPTING MINIMUM ENFORCEMENT PROTOCOL (POLICY) FOR NPDES PERMIT DISCHARGE VIOLATIONS * * * * I-580 INTER-REGIONAL CORRIDOR PARTNERSHIP PROGRAM & STATE HIGHWAY 84/EASTERN CORRIDOR ISSUE PROBLEM DEFINITION (1060-10/110-30) Public Works Director Thompson presented the Staff Report and advised that the Tri-Valley Transportation Council is referring 2 transpor- tation issues back to the local governing bodies for review and comments. One is the Inter-Regional Corridor Partnership Program, which has to do with the 1-580 Altamont Corridor. The second is Phase I (Problem Definition) of the Highway 84 Corridor Plan. Mr. Thompson stated the intent of the Altamont Inter-Regional Corridor study ($180,000) is to develop transportation solutions in the 1-580 Corridor to be included in subsequent funding plans of the Councils of Government, as well as other governmental agencies. MTC has been selected as the project manager and they are in the process of requesting that a Policy Advisory Committee be formed, to be comprised of representatives from both sides of the Altamont Pass. Mr. Thompson advised that residents of the Tri-valley Area contribute significant amounts of transportation taxes toward regional solutions and more taxes are generated in the area than come back to be spent here. The Tri-Valley Transportation Council and Staff recommended that a City Council representative be appointed to the Policy Advisory Committee. This person will advise and help coordinate this project study with the Tri-Valley Transportation Plan and the City of Dublin's plan. Mr. Thompson advised that the Highway 84 Corridor study is to look at transportation improvements between 1-680 in the south to Highway 4 in the north. The Tri-Valley Transportation Plan requires an action plan for each Route of Regional Significance. It was concluded that due to the complexity of this Highway 84 Corridor, some specific extra activity would be required to help gain political and local acceptance of a solution. The first report or issue paper would be a "Problem Definition", and the next step would be to define "Alternative Solutions" to the defined problems. A final issue paper entitled "Alternatives Analysis and Finance" would then be circulated to isolate the alternatives which could be included in either the Toll Road Environmental Impact Report or provide the basis for a new project Environmental Impact statement if such was the consensus of the affected jurisdictions. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 126 Regular Keeting April 25, 1994 . . em. Burton requested comments/reaction to using Altamont Pass as a gateway or choke point. ~ Mr. Thompson felt there were 2 ways to look at this; you could meter traffic in or you could meter traffic coming in. There are several solutions to the problem. We have to be careful that we don't create one problem in sOlving another. Cm. Moffatt stated the direction of the TVTC was to break this into little parts and define the problems. The biggest problem is the traffic of trucks and the movement of freight. We need to get merchandise in and out of the Bay Area. He would like the city to take a stand on Highway 84. He would like to see it as an expressway. em. Burton asked if there was any chance of running an alternate route south of the Altamont. Mayor Snyder advised that Patterson Pass is south of the Altamont. em. Moffatt stated the main thing they are trying to do is look at alternatives. They want input from the various city Councils. He stated he would volunteer to be on the committee. em. Houston stated he was glad to see safety being included as Highway 84 is very dangerous. Mr. Thompson stated there were 17 fatalities in the last 5 years. em. Houston stated he thought they should discuss the concept of Highway 84 as a publicly owned toll road. Cm. Moffatt advised that there had been some discussion about the pUblic/private concept. It would be privately funded and then in so many years, it would revert to the public concept. Private money would be used to develop it and then they want their money back plus a percentage. He reported that he had seen this concept used in Spain and felt they did a tremendous job. em. Burton pointed out that everyone says there is no money for Highway 84. He supports a toll road. There is some dispute about how it should be structured. Cm. Moffatt stated Livermore doesn't want it going through their city. Mayor Snyder reported there is $170 million for Highway 84 and there is a plan line. This money would fund a portion. Mr. Sepehri advised that they do not call it 84 because of the toll road; it is called Isabel Expressway. Mayor Snyder stated the process is going forward and there is talk about the funding. Before we can comment on it we must understand what is happening. Hopefully, a bill currently before congress will help further this. *@*@*@*@*@*@*G*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 127 Regular Heeting April 25, 1994 . . Mr. Sepehri stated Livermore's traffic impact fee is one of the highest in the area, in order to begin addressing local funding for this proj~t. On motion of Cm. Burton, seconded by em. Howard, and by unanimous vote, the Council appointed Cm. Moffatt to be the city council representative to the Policy Advisory committee to help advise and oversee the Altamont Inter-Regional Corridor Partnership study. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the eouncil approved the state Highway 84/Eastern Corridor Issue Paper #1 - Problem Definition. Cm. Moffatt was directed to report the council's comments to TVTC. The Council also requested that Cm. Moffatt keep the Council updated related to the potential solutions. * * * * OTHER BUSINESS ABAG General Assemblv (140-10) Cm. Moffatt reported that he had attended the ABAG General Assembly and voted to keep the 2/3 majority vote requirement in tact, but he lost. Mayor Snyder advised that ABAG is willing to have someone look at a 60% or 55% figure. This was passed by a 3 to 1 vote. * * * * Participation in Pleasanton Parade (610-05) Cm. Burton discussed various themes he thought the city Council should use when they participate in Pleasanton's Good Times parade on June 18th such as "No Dirt in Dublin", or "Clean In Green". He thought it would be fun participating in this event. They may need some kind of a sign and the Council asked him to get figures on the price. * * * * MTC Meetina (1060-40) Public Works Director Thompson advised that an MTC meeting will be held at the Civic Center at 7:00 p.m., on Wednesday night. Cm.'s Moffatt and Houston advised that they plan to attend. When questioned if this meeting needed to be noticed by the city Clerk, the city Attorney advised that it did not. * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 128 Regular Meeting April 25, 1994 . . CLOSED SESSION At 8:55 p.m., the council recessed to a closed session to confer with Legal Counsel regarding Pending Litigation (640-30), in accordance with Government Code Section 54956.9(a) related to Dublin vs. Ross, Alameda County Superior Court Case No.V-003789-5 * * * * CLOSED SESSION ACTION City Attorney Silver announced that the eouncil discussed settlement authority only and no action was taken. * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:10 p.m. * * * * Mayor ATTEST: City Clerk * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 129 April 25, 1994 Regular Meeting