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HomeMy WebLinkAboutItem 5.1 Approve 10-28-1985 Minutes REGULAR MEETING - October 28, 1985 A regular meeting of the City Council of the City of Dublin was held on Monday, October 28, 1985 in the meeting room of the Dublin Library. The meeting was called to order at 7: 32 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder. PLEDGE OF ALLEGIANCE i The Mayor led the Council, Staff and those present in the pledge of alleg- iance to the flag. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meetings of September 23, 1985 and October 14, 1985; Approved Financial Report for Period Ending September 30, 1985; Adopted RESOLUTION NO. 115 - 85 ACCEPTANCE OF FINAL MAP TRACT NO. 5072 and RESOLUTION NO. 116 - 85 ACCEPT DEPOSIT IN LIEU PARKLAND TRACT NO. 5072 adopted RESOLUTION NO. 117 - 85 ACCEPTANCE OF FINAL MAP TRACT NO. 5073 and RESOLUTION NO. 118 - 85 ACCEPT DEPOSIT IN LIEU PARKLAND TRACT NO. 5073 adopted CM-4-223 Regular Meeting October 28, 1985 fi RESOLUTION NO. 119 - 85 ACCEPTANCE OF FINAL MAP TRACT NO. 5074 and RESOLUTION NO. 120 - 85 ACCEPT DEPOSIT IN LIEU PARKLAND TRACT NO. 5074 adopted RESOLUTION NO. 121 - 85 CONSENTING TO ESTABLISHMENT OF CITY STREETS AS COUNTY ROADS TRACTS 5072, 5073 & 5074 adopted RESOLUTION NO. 122 - 85 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z 'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR KOLB PARK TENNIS COURTS ACQUISITION and directed Staff to notify the State of a revision to the acquisition schedule originally submitted with the 1984-85 application; Adopted RESOLUTION NO. 123 - 85 AUTHORIZING PARTICIPATION IN MUTUAL BENEFIT LIFE LONG TERM DISABILITY PLAN Authorized Staff to advertise Contract 85-7 for bid (Traffic Signal @ Alcosta Boulevard/San Ramon Road/San Ramon Valley Boulevard) ; Approved Warrant Register in the amount of $335, 570. 43 . FIRE SERVICES STUDY CORRESPONDENCE FROM DUBLIN SAN RAMON SERVICES DISTRICT As a result of a meeting of the Dublin and San Ramon Liaison Committee during the month of September, Angus McDonald, the Cities ' Fire Consultant, prepared a letter to the Dublin San Ramon Services District and San Ramon Valley Fire Protection District requesting information related to a fire service scenario involving functional consolidation of the two districts. In a letter dated October 16 , 1985, the Dublin San Ramon Services District has questioned whether that letter from Angus McDonald represents an official communication from the Cities of Dublin and San Ramon. CM-4-224 Regular Meeting October 28, 1985 On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Staff to point out that this particular alternative is one of several that the Consultant is still pursuing. Therefore, it is important that the Districts provide the necessary information in order that the Cities may adequately evaluate the various fire service options available to each City. PUBLIC HEARING TWO-HOUR TRUCK PARKING ORDINANCE-SECOND READING Mayor Snyder opened the public hearing. At the regular City Council meeting on October 14, 1985, the City Council conducted its third public hearing on a proposed ordinance restricting the long-term parking of large commercial vehicles. The ordinance provides for a maximum of two-hour parking for vehicles weighing more than 10,000 pounds gross vehicle weight. Specific exemptions are provided for vehicles involved with loading and unloading activities. The ordinance is proposed to address concerns related to the long term storage of commercial vehicles on public streets. A two-hour restriction will allow the operators time to avail themselves of adjacent services. The City Traffic Engineer has reviewed the existing conditions and recommended the ordinance based on concerns related to safety, congestion, decreased pavement life and aesthetics. At the public hearing on October 14, 1985, the proposed ordinance was amended. The original ordinance was proposed as an urgency measure. The amendment provided for an effective date of April 15, 1986. Subsequent to the October 14, 1985 meeting, Staff has contacted a repre- sentative of American City Truck Stop. They have indicated that they anticipate having space available once Admiral Moving & Storage develops a new warehouse on the rear parcel , located along Houston Place. This project is now undergoing a site development review by the Planning Department. Representatives of Admiral Storage have indicated that they are planning to obtain building permits and proceed with construction once the Planning Department approvals are granted. The time frame for construction will be dependent on whether and other impacts on the construction .process. The American City representative indicated that they now have a waiting list. They anticipate that nearly all of the available spaces would be obtained by individuals on the waiting list. Cm. Jeffery questioned how many spaces would be available. Assistant to the City Manager Rankin responded that he believed approximately 13 spaces would be available, and the waiting list consists of 10. Carol Keller stated she felt the trucker's had lost their fight and big business had won, but thanked the City Council for giving them until April, 1986 to find alternate parking. Ms. Keller indicated she was 4th on the list for space at American City Truck Stop, but was told there was no guarantee. CM-4-225 Regular Meeting October 28, 1985 Mayor Snyder reported that he had written to Union Oil asking their intentions with regard to the development of any facility in the Bay Area. Fred Lotse, representing Baker Transportation Company indicated he had been in Dublin 24 years and stated that what worries him is what truckers who want to move into the area will do about parking. Mr. Lotse requested that the truckers who live in Dublin be allowed to park on a couple of the streets in town. Because no definite alternatives have been worked out, the truckers are left hanging. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and adopted (effective April 15, 1986 ) , ORDINANCE NO. 28 - 85 PROVIDING FOR LIMITED PARKING OF CERTAIN COMMERCIALLY LICENSED VEHICLES PUBLIC HEARING NIELSEN SCHOOL BUS LOADING ZONE (RED CURB) Mayor Snyder opened the public hearing. The Principal of Nielsen School has requested that a bus loading area be provided south of the school ' s south driveway on Amarillo Road. The purpose of this red curb would be to provide a place for two school buses to load and unload students. At the present time, the buses attempt to park at the curb in the school ' s loop driveway, however, it is frequently not possible due to parents picking up or dropping off children. Currently, the curb fronting the school is signed as a loading zone. The proposed ordinance would revise the existing ordinance and set aside 100 feet of red curb marked as a bus loading zone. Cm. Hegarty questioned the affect of this parking restriction during non- school months and if something could be developed that would allow other parking during non-school hours. Beth Grant DeRoos stated that the City of Piedmont has bus loading zones marked "no parking, bus loading zone 8 a.m. -4 p.m. , Monday - Friday". Ms. DeRoos felt the Council should consider adopting an across-the-board ordinance regarding all school loading zones in Dublin. Ms. Diane Griffiths, Nielsen School Principal, indicated she would be happy with a posting stating that parking is prohibited during school hours only. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council continued this public hearing until the Council meeting of November 12, 1985, in order that Staff may incorporate language into the ordinance that would permit parking when school is not in session. CM-4-226 Regular Meeting October 28, 1985 PUBLIC HEARING NO PARKING ZONES - AMADOR PLAZA ROAD Mayor Snyder opened the public hearing. Enea Plaza submitted a request in early 1985 requesting the restriction of large trucks adjacent to their property. Action on this request was postponed pending a comprehensive review of this issue throughout the City by the Traffic Engineer. At the regular City Council meeting on October 14, 1985, the City Council introduced a Citywide ordinance which will have an effective date of April 15, 1986. Mr. Enea has requested that his initial request for parking restrictions be considered at this time. Amador Plaza Road ends at a standard cul-de-sac bulb, 1, 000 feet south of Dublin Boulevard. The cul-de-sac bulb radius is not big enough for large trucks to turn around. Mr. Enea' s letter notes that the trucks drive through their undeveloped lot to turn around, thus resulting in mud and rocks being carried onto the street and damage to their curbs. Amador Plaza Road south of Dublin Boulevard was not designed for continuous use by heavy vehicles. The subject property is zoned as a planned development with commercial-office and related uses. Damage to the street appears to have resulted from trailers being unhooked and left standing on their dolly pads. In addition, the parked tractor trailer rigs restrict visibility. Carol Keller indicated she was one of the people who admitted that this road is very difficult in which to maneuver a turn. She questioned what the outcome would be if other property owners request this type of parking restriction. Mayor Snyder indicated he could not answer this question, but stated that other circumstances are involved in this particular situation. Rich Enea reiterated that his request has been in for 10 months, even before the truck parking situation became an issue. Mr. Enea indicated he had pictures with him showing damage that has occurred. Mayor Snyder closed the public hearing. Cm. Moffatt reported that Chevron indicated to him that they will allow truckers to. park in front of their property on Sierra Court for the next 6 months. Cm. Vonheeder questioned the length of a normal trailer. Consensus was that trailers are generally 45-48 feet and a tractor could stretch out as far as 23 feet. Cm. Vonheeder felt that since her vehicle measures 19 feet, a 20 foot limit might exclude limousines and/or town cars. Rather than length, perhaps what should be considered is weight of a vehicle. Cm. Vonheeder felt this was one more area being placed off-limits to the truckers. Cm. Hegarty questioned if weight, in addition to length, could be placed in the ordinance. CM-4-227 Regular Meeting October 28, 1985 Mayor Snyder reported that the Eneas have an application to develop 2 parcels of their property. Since the overall downtown intensification program is being heavily supported, Mayor Snyder felt it incumbent upon the Council to support this program. A plan of the whole area is being developed, and large vehicles distract from the attractivness of this area. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by majority vote, the Council waived the reading and adopted on an urgency basis ORDINANCE NO. 29 - 85 ESTABLISHING TRAFFIC REGULATIONS (No Parking Zones - Vehicles Longer Than 20 Feet - Amador Plaza Road) Voting NO on this motion was Cm. Vonheeder. PUBLIC HEARING CABLE TELEVISION FRANCHISE ORDINANCE & AGREEMENT Mayor Snyder opened the public hearing. The City ' s present Cable Television Franchise Agreement will expire on February 1 , 1988. In anticipation of this renewal, the City Council authorized participation with the Cities of Livermore, Pleasanton and San Ramon in jointly negotiating a franchise agreement with Viacom Cablevision and also authorized the City' s financial participation in the hiring of a Cable Television Consultant, Mr. Carl Pilnik, to assist the cities in providing technical advice in the negotiations with Viacom. The proposed Ordinance was developed with the assistance of the Cable Television Committee, Cable Television Negotiating Team and the Cable Television Consultant. Some of the provisions in the Ordinance include: 1. The cable operator is required to have a franchise agreement in order to operate in the City of Dublin streets. 2. The City has the right to approve a franchise agreement which would be non-exclusive. 3. The City has the right to revoke the franchise given specific grounds. 4. The City at its option can annually review the performance, quality of service, etc. , of the cable operator. 5. Provisions are made for remedies associated with franchise violations. 6. The cable operator is required to maintain a local office. The Ordinance basically provides the City with the authority to issue a franchise to an operator for cable television services within the City. Some of the major provisions of the franchise agreement negotiated by the four cities include: J. 1. Viacom would be granted a 15 year non-exclusive franchise to operate a cable television system within the City. CM-4-228 Regular Meeting October 28, 1985 2. Viacom would be required to pay a 5% franchise fee of gross revenues on all services to the City. 3. Viacom would be required to reimburse the City for the cost of consultant services associated with renewing the franchise agreement. 4. Viacom would have to upgrade its existing system of 34 channels to 40 channels. This upgrade varies from community to community. In the case of Dublin, Viacom would be required to upgrade the cable system to 40 channels after certain findings were made. This could be done no sooner than one year after the effective date of the agreement, and Viacom would have six years to complete the upgrade. The franchise agreement also requires Viacom to upgrade to a maximum capacity of 54 channels under certain criteria. 5. Viacom would be required to provide the capability for interactive cable services. 6. Viacom is required to provide one free installation and basic service to schools, Dublin San Ramon Services District buildings and City buildings. They are also required to provide the same service to new buildings within a period not to exceed one year. 7. Viacom is required to give the City a $55, 000 grant for public access facilities as well as $1 ,000 per year for maintenance of the access equipment and facilities. Viacom is also required to make a mobile van available at least 5 hours per week for public access. The funds given to the City can possibly be combined with the funds given to the other cities in the valley to build a joint facility in the future. 8. Viacom is required to provide emergency alert capability allowing the City to interrupt a broadcast to announce a message in the event of an emergency or disaster. In conjunction with the renewal of the cable television franchise agreement, Viacom has indicated the desire to implement a rate increase for basic service from $9. 00 to $9. 95 per month. They have also indicated that as part of this rate increase, they would include ESPN ( Sports Network) as part of the basic service. Viacom has also indicated their desire to implement this rate increase as uniformly as possible throughout the cities and has requested that, if at all possible, the cities have the same effective date for the renewal of their respective franchise agreements. Cm. Hegarty recommended that the City Council accept the agreement and adopt the ordinance. Cm. Jeffery stated she felt combining dollars from the various cities was a good idea. Cm. Hegarty stated the negotiating group felt that combining the money into a lump sum would provide for better use of the money. The total can be used to put in a first-class operation. Cm. Jeffery questioned if there was some way to allow for training of the community to utilize the equipment. Myrt Jones, General Manager of Viacom Cablevision explained that workshops would be utilized for community access and further, there are ongoing training sessions. CM-4-229 Regular Meeting October 28, 1985 Cm. Moffatt stated he wished to clarify for the record that the reason Arroyo Vista does not have cable television is because they refused to let Viacom in initially. Myrt Jones stated that the negotiating team was a very professional group that did their research and there were no major differences. Beth Grant DeRoos compared Viacom with a group servicing the New York area, and felt that overall, we have a really good group. Mayor Snyder closed the public hearing. Cm. Jeffery suggested that the Committee be sent a thank you letter. Discussion was held with regard to whether this committee would continue its existence. Consensus was that this is a monitoring committee which is ongoing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and introduced an ordinance to provide for the establishment and granting of franchises or privileges for the construction, maintenance and operation of cable communication, or cable television systems and further providing for the continuing regulation and administration of these franchises and the activities relative to them. Included in the above motion, the Council adopted the Cable Television Agreement with an effective date of January 1, 1986, contingent upon the City Council ' s adoption of the Cable Television Ordinance at its next meeting. DOWNTOWN IMPROVEMENT PLAN REQUEST FOR PROPOSAL FOR ECONOMIC CONSULTANT The Downtown Improvement Study Committee has recommended approval of a Draft Request for Proposal (RFP) for an economic consultant to assist in preparing the Downtown Improvement Plan. The economic consultant would be part of a consultant team that would include a planning consultant and a transportation consultant. The Council reviewed and approved the RFP. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council directed Staff to send the RFP to economic consultants. The Council further requested the Downtown Improvement Study Committee to interview the economic consultants and make recommendations and directed Staff to bring the recommended proposal to the City Council for approval prior to entering into the contract. CM-4-230 Regular Meeting October 28, 1985 VILLAGE PARKWAY LANDSCAPING During the City Council deliberations on the 1985/86 budget, the City Council requested that the section of Village Parkway between Amador Valley Boulevard and Kimball Avenue be completed during this fiscal year. The preliminary budget had proposed to undertake design during 1985/86 with the final construction to be undertaken in 1986/87. At the regular City Council meeting on April 8, 1985, the Council reviewed conceptual plans and schematics for the landscaping of the major arterials throughout the City. At this meeting, the City Council took action to direct the landscape architect to develop designs which utilized a combination of lawn and groundcover. Staff has proceeded with the development of plans for the landscaping of Village Parkway from Amador Valley Boulevard to Kimball Avenue. The concerns previously raised by the City Council have been incorporated in the proposed design. Staff displayed full color drawings depicting the proposed landscaping for the project. At the north end of the project parallel to Cypress Court, approximately 15 lots back directly onto Village Parkway. Their backyards currently have a precast concrete wall and space is available between the wall and the sidewalk for additional landscaping. The plans propose to landscape this area. The City would be required to obtain easements from each of the 15 property owners. It is suggested that the easement also allow the City to maintain and paint the street side of the fence. Given that this process may require some time to complete, it is recommended that all of the easements be secured prior to soliciting bids for the project. This should assure that the scheduling of the project will proceed in a timely manner once a bid is awarded. On the east side of Village Parkway between Brighton Drive and south of Tamarack Drive, Zone 7 maintains an open drainage channel adjacent to the sidewalk area. The Zone 7 channel is currently fenced with a chainlink fence. In addition, several pilasters installed by the original developer remain in a state of disrepair. Staff has discussed with Zone 7 represen- tatives the condition of the fencing. Alameda County Flood Control staff have expressed that their primary interest is to secure the channel from unauthorized entry and that the existing fencing is adequate for this purpose. The City Engineer has proposed that the existing chainlink fencing be removed and replaced with a black vinylclad chainlink fence. Also, the project would involve the removal of the remaining pilasters from the original developer' s fence. In other communities, Zone 7 has been willing to accept the responsibility for the maintenance of the new fence, however, they have not participated in the costs of installing the new fencing. It is proposed that landscaping will be placed adjacent to the newly installed fencing. The layout and design would be'such that it would provide continuity with the newly installed landscaping on the west side of Village Parkway. CM-4-231 Regular Meeting October 28, 1985 Cm. Moffatt questioned if there were already existing trees along the route, what would happen to these trees. City Engineer Lee Thompson explained that if a certain area appears too crowded, a tree can be left out here and there. Mayor Snyder questioned the timelines for the project. Lee Thompson stated he anticipated it would be after the first of the year, in order to allow time to obtain the necessary easements. Cm. Hegarty stated he felt that trees that turn colors with the seasons would be a nice touch to incorporate into the design. Cm. Jeffery indicated she was very upset with some of the statements made by Zone 7 and questioned what some of the avenues were that Dublin could pursue. Cm. Jeffery felt that the fence along Village Parkway was in disrepair and that the City should indicate to Zone 7 that even though Dublin does not have a resident on their Board, we would like equal consideration. Some of the money generated in Dublin should be put back into the community. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized Staff to solicit easements from the property owners adjacent to the precast wall at the north end of the project, and further directed Staff to send a letter to Zone 7 asking for their cooperation and participation in the project OTHER BUSINESS League Legislative Briefing Assistant to the City Manager Paul Rankin reminded the Council that on November 8th, the League of CA Cities is holding a legislative update meeting in Oakland and those wishing to attend needed to advise Staff so that reservations could be made. Truck Parking Ordinance Discussion at Mayors ' Conference Mayor Snyder reported that questionnaires will be distributed at an upcoming Alameda Couny Mayors ' Conference meeting which is being hosted by Dublin on November 13th. The questionnaire will ask if truck parking is a major problem in their community; if there should be involvement on the part of the Mayors ' Conference and if yes, what action is suggested. Cm. Jeffery felt that the various cities could ban together to come up with a solution. a CM-4-232 Regular Meeting October 28, 1985 AIDS Task Force Cm. Moffatt requested the support of the Council with regard to the endeavor of having an AIDS Semimar with guest speaker Dr. Benjamin. The seminar would be to promote community awareness. The format is tentatively a television type phone in program. Consensus of the Council was to support this endeavor. Volunteer Recognition Cm. Vonheeder questioned if the sign committee had accidentally been forgotten at the recognition dinner. Cm. Vonheeder also questioned what the precedent is with regard to recognition of volunteers. There needs to be some kind of means to say thank you to those that serve on short-term committees. A suggestion was made for a lapel pin of the City seal. Cm. Hegarty, who serves on the Volunteer Recognition Coordination Committee indicated there are a lot of people who do volunteer work on behalf of the City. Cm. Hegarty felt the idea of a lapel pin was a good idea. Cm. Jeffery felt that a policy should be drafted that clarifies all these issues. No U-Turn Intersections Cm. Vonheeder questioned why u-turns are not allowed proceeding eastbound on Dublin Boulevard at the new Clark Avenue signal. City Engineer Lee Thompson explained that the street is not wide enough. Cm. Vonheeder questioned if a u-turn is allowed at an unsignalized intersection. Lee Thompson stated a u-turn could be made if the street is wide enough. St. Patrick' s Parade - Beverly Hills Cm. Vonheeder questioned the Council with regard to response to invitation to participate in the Beverly Hills St. Patrick' s Day Parade. Cm. Vonheeder felt that this event would conflict with Dublin' s own parade and festivities. CM-4-233 Regular Meeting October 28, 1985 Reception Honoring Irish Marathon Runner Cm. Vonheeder reported that she had been working on the reception honoring Dick Hooper. The Chamber of Commerce has decided not to participate since the general membership will not be invited to attend. However, Jim Daugherty and Mayor Snyder had agreed to co-hflst this event. The reception will consist of a no-host dinner on December 5th at Stafford' s at $20/person. A break-even point will be 30 people. Richard Cochran, Superintendent of the Murray School District suggested the .. City present Mr. Hooper with an imprinted t-shirt which should run approximately $20-$30. Electrical Outlet Requirements Cm. Vonheeder requested Council approval to have Staff look at the ordinance which provides for the number of electrical outlets required in a new commercial facility. Cm. Vonheeder indicated that her office was the first tenant in a newly constructed building, and after only two weeks of occupancy, the DSRSD Fire Inspector advised them that they could not use extension cords. Apparently, there are no minimums with regard to the number of required electrical outlets, and Cm. Vonheeder felt this situation needed to be resolved for future buildings. Consensus of the Council was to direct Staff to investigate and propose some type of solution to this situation. Aid to El Salvadore Mayor Snyder reported that he had received a communication from Jose Napoleon Duarte of E1 Salvadore requesting badly needed items. Mayor Snyder extended the request to the community. Founding Families ' Reception Mayor Snyder indicated he had received a card from Captain Rasmussen thanking the City for the framed proclamation and the dinner honoring the founding families of Dublin. Martin Luther King, Jr. , Holiday Mayor Snyder reported that he had received a request from the California Martin Luther King, Jr. , Holiday Committee asking for consideration of some form of acknowledgement on Mr. King' s birthday in January, 1986. CM-4-234 Regular Meeting October 28, 1985 Key to the City Mayor Snyder advised the Council of a company in Indiana that distributes solid brass keys to a city. This type of item could be considered when honoring volunteers. i ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9: 08 p.m. Due to the Veteran' s Day Holiday, the next regular meeting of the City Council will be Tuesday, November 12, 1985, at 7: 30 p.m. Mayor ATTEST: City Clerk a: CM-4-235 Regular Meeting October 28, 1985