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HomeMy WebLinkAbout4.1 Approve 10-26-1987 Minutes I REGULAR MEETING - October 26, 1987 A regular meeting of the City Council of the City of Dublin was held on Monday, October 26, 1987, in the meeting room of the Dublin Library. The meeting was called to order at 7:40 p.m. , by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. Stagecoach Road Landscaping Dennis Atherton, Agate Way, questioned when the improvements that were discussed in July related to the Maintenance Assessment District would be accomplished. To date, nothing has happened with the interior slopes. City Engineer Thompson gave a brief report and stated that the Developer had executed the contracts and work is scheduled to begin. Seeding should be done within the next week or two. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions : Approved Minutes of Regular Meeting of October 12, 1987; Approved Financial Report for Period Ending September 30, 1987; Adopted RESOLUTION NO. 88 - 87 APPROVING TWO SAFETY-RELATED IMPROVEMENT PROJECTS AND DIRECTING STAFF TO APPLY FOR TRANSPORTATION DEVELOPMENT ACT FUNDING Received a Report from the Recreation Director related to the 1987 Summer Recreation Program; Awarded bid of a surplus City vehicle, a 1974 Mercedes, to Robert D. Reineccius for $6, 555. 00; Adopted RESOLUTION NO. 89 - 87 OPPOSING AN AGREEMENT BETWEEN BAY AREA RAPID TRANSIT (BART) AND SAMTRANS @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-320 Regular Meeting October 26, 1987 ------------------------------------------------------------- ' ITEM NO. •� �� Adopted RESOLUTION NO. 90 - 87 AWARDING CONTRACT 87-8 TO AMBO ENGINEERING, INC. ($76,142.85) DUBLIN BOULEVARD WIDENING AT CLARK AVENUE and authorized the Mayor to execute the agreement with Ambo Engineering; Adopted RESOLUTION NO. 91 - 87 AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT MEASURE "B" PARATRANSIT FUNDS FOR FISCAL. YEAR 1987-88 Authorized Staff to advertise Contract 87-10 for bids, Senior Center remodel; Approved Warrant Register in the amount of $452, 970.11; Cm. Snyder requested that the item related to the Tri-Valley Community Television Corporation be removed from the consent calendar for discussion. Cm. Snyder questioned why the figure of $19, 800 is being revised. Even though it is only a $200 difference, Dublin calculated the amount based on a formula. Assistant to the City Manager Rankin indicated that during the budget process, Community TV requested an amount substantially higher than the figure of $19, 800. Dublin was the first City to act on their request and allocated this amount and now they have indicated that all Cities will be contributing the same amount. Cm. Hegarty felt that Cm. Snyder' s remarks were well taken. We were the first to commit any money. We are the smallest City and receive the smallest portion of service and we narrowed it down to what we felt we should pay. If the formula was followed, the other Cities would be paying their fair share. $200 is not a lot of money, but it is the principle of the matter. Cm. Hegarty indicated he had no problem going either way. He felt it should be noted, however, that the Council discussed it and Community Television should be advised that Dublin calculated its contribution based on the formula. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council approved an increase in Dublin's contribution to the Tri-Valley Community Television Corporation Operating Budget from $19, 800 to $20, 000; authorized a Budget Transfer from the City's Contingent Reserve in the amount of $200; and authorized Staff to contribute the $55, 000 in Capital Equipment Funds upon request from the Corporation. @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-321-° Regular Meeting October 26, 1987 .HOLIDAY DECORATIONS - REQUEST FROM CHAMBER OF COMMERCE Staff advised that the City has received a letter from Don Babbitt, Chairman of a Chamber of Commerce Committee that was established to look into decorating the City during the holidays. City Staff has been working on a similar project, using banners as part of the Downtown Improvement Plan. Staff has evaluated several types of holiday designs, as well as the concept of leasing versus purchasing. This year, Staff is recommending installation of purchased banners on streets forming a rectangle around the downtown area - San Ramon Road, Dublin Boulevard, Village Parkway and Amador Valley Boulevard. The banners would be an assortment of holiday trees, snowflakes and a bell design. The banners measure 2 ' 7" x 7 '10" . PG&E has previously given the City permission to use their street light poles for mounting holiday decoration. In 1988-89 a Capital Improvement Project will be presented to extend holiday banners along Dublin Boulevard to Dougherty Road. Consideration will also be given to the purchase of special event banners for other times of the year such as St. Patrick's Day. Mr. Babbitt also questioned whether the City would allow businesses to paint their windows during the holiday season, or if this might possibly conflict with the City' s sign ordinance. Staff prepared a response which indicated that the sign ordinance would, in effect, allow a holiday display to cover up to 100% of the window area. Mayor Jeffery questioned if the costs covered the brackets also. City Engineer Thompson responded yes, and they will be in place for other banners. Various banners could be displayed at different times of the year, depending upon the season. Cm. Moffatt questioned if the Chamber of Commerce and/or business associations can contribute toward this project. He felt that business associations might want to enhance their properties with similar types of decorations . Mr. Thompson stated we have not discussed this possibility, but perhaps we could suggest it in the future. We need to act immediately in order to have the banners in place during this holiday season. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that banners are appropriate and authorized Staff to purchase the banners and accessories, not to exceed $5, 000 and authorized a budget transfer from the Contingent Reserve to cover the $5, 000 cost of purchase and $1, 200 cost of installation by maintenance crew. @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-322 Regular Meeting October 26, 1987 PUBLIC HEARING - CORWOOD CAR WASH APPEAL, OF PLANNING COMMISSION DENIAL - CUP, SDR & VARIANCE Mayor Jeffery opened the public hearing. Staff advised that this item was continued from the September 28, 1987 Council meeting. At that meeting, the Council indicated a general consensus that a 12-year time period was acceptable on the Conditional Use Permit, determined that the Applicant' s proposed 19.5' building height for the detail shop is acceptable and directed Staff to work with the Applicant regarding a third drive aisle lane along the Lewis Avenue side of the property to provide mitigation measures between the sidewalk and the site. The Applicant has requested that the Council continue this item to the November 23, 1987 Council meeting. Dale Skinner, 6936 Portage Road, addressed the Council and indicated that he lives immediately behind the car wash. He requested more information with regard to the plans of Corwood Car Wash. Mayor Jeffery advised Mr. Skinner that if he would leave his telephone number with Staff, someone would contact him with the information he was requesting. Mr. Skinner further stated that he felt there were problems with both the current appearance and operation of the facility, and the muffler shop next door. Among his concerns is the fact that the fences are only 5' tall, and the facility often generates noise at late hours. He believed this was due to operation of their sump pumps . He was told at one time that it would be difficult for them to sell their property because of the appearance of the commercial properties behind them. Mayor Jeffery declared the public hearing closed and stated that the item is continued to the City Council meeting of November 23, 1987. PUBLIC HEARING - ORDINANCE REQUIRING PERMITS FOR THE USE OF SOUND AMPLIFICATION EQUIPMENT Mayor Jeffery opened the public hearing. Staff advised that this ordinance, which was introduced at the City Council meeting on October 12, 1987, would require a permit with respect to the operation of any mobile public address sound system equipment on any street within the -City. The permit process is outlined in the ordinance, as well' as an appeal procedure. Mayor Jeffery closed the public hearing. No comments were made by members of the public. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and adopted @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-323-` Regular Meeting October 26, 1987 ORDINANCE NO. 50_ - 87 REQUIRING PERMITS FOR THE USE OF SOUND AMPLIFICATION EQUIPMENT PUBLIC HEARING ORDINANCE REGULATING GAMING Mayor Jeffery opened the public hearing. Staff advised that this ordinance, which was introduced at the October 12, 1987 City Council meeting, would regulate against the establishment of 'card rooms ' in Dublin. Most forms of gambling are prohibited by state law, the exception being draw poker, the regulation of which is reserved to cities. The proposed ordinance specifically prohibits any game, gambling or gaming not mentioned or included in Section 330 or 330a of the Penal Code in any public place. No comments were made by members of the public. Mayor Jeffery closed the public hearing. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 51 - 87 REGULATING GAMING PUBLIC HEARING ORDINANCE ESTABLISHING REQUIREMENTS FOR THE PROTECTION OF WATERCOURSES Mayor Jeffery opened the public hearing. Staff advised that this ordinance is to safeguard and preserve watercourses, protect lives and property, prevent damage due to flooding, protect drainage facilities, control erosion and sedimentation, restrict discharge of polluted materials, and enhance recreational and beneficial uses of watercourses . A watercourse is defined as any conduit or appurtenant structure or any natural or man-made channel through which water flows continuously or intermittently in a definite direction and course or which is used for the holding, delay or storage of water. The ordinance also contains a provision which states that the owner or tenant of property through which a watercourse passes is required to keep and maintain the part of the watercourse within said property reasonably free of trash, debris, excessive vegetation and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; to maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-324- Regular Meeting October 26, 1987 watercourse; and to not remove healthy bank vegetation beyond that actually necessary for said maintenance or other maintenance (so as to preclude the possibility of erosion) . The ordinance establishes a permit procedure for work within or near a watercourse. City Engineering Staff will be responsible for issuing all permits except that ACFC&WCD ( Zone 7) will issue permits for watercourses accepted and maintained by Zone 7 . City Engineer Thompson advised of a correction to the Ordinance. On Page 4, Section 10, reference to Chapter 7 should be corrected to read Chapter 6. Cm. Moffatt stated that on Page 3, Section 7, reference is made to the Director of Public Works. Cm. Moffatt questioned who this is . Mr. Thompson stated that this is the new position which the Council recently authorized. He will, as City Engineer, administer the Ordinance until the Public Works Director is hired. Cm. Moffatt questioned about how much a permit would cost, and if people who live along creeks would be notified of this ordinance. Mr. Thompson indicated that the minimum Encroachment Permit would be $35, plus charges for review of plans . He further stated that he didn't feel it would be feasible to additionally notify residents . The ordinance is actually already in place, and this revision is due to the overall review to update the City ' s Municipal Code. No comments were made by members of the public. Mayor Jeffery closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote, the Council INTRODUCED an ordinance establishing requirements for the protection of watercourses . DUBLIN CIVIC CENTER - AUTHORIZATION TO REQUEST BIDS - CONTRACT 87-9 On June 8, 1987 the City Council approved the design development concepts presented by the Civic Center Design Team. The Architects and their consultants have now developed final plans and specifications . The City is proposing a bid opening date of December 10, 1987. The final drawings are consistent with the previous discussions on the development of the Civic Center and include several public amenities. In addition to several public areas, the facility contains office space to accommodate the current City needs and projected future staffing levels . Staff advised that the Bid Documents contain three alternates on which the bidders will be requested to submit bids . Depending on the bids received for the project, the City will be able to determine whether these features should be added. The three options being: @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-325- Regular Meeting October 26, 1987 1) Construction of a three-sided 65 foot clocktower on the east side of the entry road adjacent to the new Sports Grounds parking lot. The structure would be constructed with sandstone and metal panel cladding. The additional estimated cost to add this element is $215, 000. 2) The second alternative involves the addition of wood slats on the acoustical panels along the Council Chamber walls. This is an aesthetic feature which would increase the amount of wood within the Council Chambers. The estimated cost of this alternate is $27, 000. 3) The current design of the structure includes a low cement plaster fascia above the sloped glazing in the courtyard. The Architects have suggested obtaining costs for completing the fascia with metal panels. This will be consistent with the sloped metal panels on the remainder of the building. The alternate requests the cost for curved panels and flat panels. The estimated additional cost of this alternative is a) Curved Panels-$65, 000 and b) Flat Panels-$45, 000. All of the estimates for alternatives include General Contractor's mark-up, overhead, profit and Design Contingency. Staff proposed that the City Council review and select one of three alternates regarding the clocktower which were: 1) Authorize the Architect to proceed with detailed design plans for use in the bid process. This will allow the bidders to submit a bid to construct the element at this time. The City would still have the option to not include this as a part of the current Civic Center Project. Staff would negotiate the final design fee and prepare an amendment to the Architect's agreement for consideration at the next meeting. 2) Delete the Clocktower item as an alternate in the bid documents. No further work would be completed and the bidders would not provide a bid for this element. 3) Direct the Architect to replace the current clocktower design with a more simple design. The Architect may request additional design fees, depending on the amount of work required and the need to involve consultants. Cm. Snyder indicated he had no problem including the clocktower element. He questioned why there weren't 3 clocks rather than just 1 clock and 2 City seals. Architect George Miers displayed a model of the clocktower and indicated that they tried to stay with as simple a design as possible. They originally discussed having 3 clocks. They considered it difficult to read from the freeway. Also, if one clock ran faster or slower, each side would not be the same. Mayor Jeffery stated that with regard to the City's refinancing, the market situation at the present time could very well work out to our benefit. @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-326 • Regular Meeting October 26, 1987 Assistant to the City Manager Rankin reported that we have not heard from our underwriting firm during this last week. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the Final Plans & Specifications and authorized solicitation of bids on the Dublin Civic Center. With regard to the clocktower, on motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote, the Council authorized the Architect to proceed with detailed design plans for a 3-faced clocktower for use in the bid process. The design is to include clocks on all three sides. Staff will negotiate the final design fee and prepare an amendment to the Architect's agreement for consideration at the next Council meeting. TRASH RACK - KOOPMAN CANYON - REQUEST FOR ACCEPTANCE OF MAINTENANCE Mayor Jeffery announced that due to a conflict of interest on this item, she would pass the gavel to Mayor Protempore Vonheeder. Koopman Canyon, which is just north of the Dublin City Limits, is approxi- mately 150 acres in size, and all the water collected from this watershed drains to and is picked up by a 48" diameter pipe behind Lot 17, Tract 4749. Staff has been working with the Developer to identify an appropriate resolution to drainage in this area for several months. Staff has continued the policy established by Alameda County to not maintain storm drain facilities until they begin picking up water from public streets or from lands controlled by the City; however, Staff recommended an exception in this case because there is a heavily wooded large watershed above this private residence over which the resident owner has no control and the expected debris removal during a heavy storm is too large a job for one property owner, as maintenance personnel and equipment will be required. To assure that heavy debris does not enter the City' s storm drain system and to lessen the risk of flooding of residences downstream of this watershed, the Developer has installed a trash rack. The Developer has requested that the City accept these improvement. Staff advised that this acceptance would be subject to certain improvements being installed to allow ease of access by City maintenance crews. Staff advised that it will be necessary to amend the Final Map originally recorded and also to accept a maintenance easement. This would be placed on a future agenda. City Engineer Thompson showed slides of the area being discussed. Cm. Moffatt questioned if Contra Costa County has any responsibility here or if there is any possibility of forming a maintenance assessment district. Mr. Thompson stated that in response to Cm. Moffatt's question regarding responsibility by Contra Costa County, they would have none as it is all @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-327-= Regular Meeting October 26, 1987 'private property. Mr. Thompson further reported that he didn't think it would be possible or realistic to have one property owner pay for this maintenance. Cm. Hegarty made a comparison of this situation to the Padre Way situation. If there is an easement deeded to the City for access purposes, he questioned if the City could be held liable if damage occurs. Mr. Thompson responded that there would be less chance of storm damage with the City maintaining the area than if the property owner tries to maintain it. On motion of Cm. Snyder, seconded by Cm. Moffatt, and by unanimous vote, (Mayor Jeffery abstained) , the Council approved acceptance of maintenance of the trash rack behind Lot 17, Fenwick Court of Estate Homes Tract 4749, subject to Estate Homes' completion of construction of the trash rack to the satisfaction of the City Engineer, providing an all-weather vehicle access to the top of the slope and pedestrian access to the trash rack. ENVIRONMENTAL ASSESSMENT REPORT FEDERAL CORRECTIONAL INSTITUTE (FCI )- FEDERAL DETENTION CENTER (FDC) Cm. Moffatt indicated that due to a conflict of interest, he would not participate in the discussion of this item. The U. S. Department of Justice has released for review and comment the Environmental Assessment Report prepared for a proposed 100-cell Federal Detention Center facility. This facility is proposed for construction by the U. S. Department of Justice Federal Bureau of Prisons within the confines of the 83+ acre Pleasanton Federal Correctional Institution facility. The FDC facility, although designed for 100 federal detainees, is anticipated to house 200 inmates. The federal detainees to be housed at this facility are required by law to be separated from sentenced inmates. Staff advised that the Environmental Assessment proposes a finding that the project will not have any significant adverse impacts. If the EA is deemed complete and adequate, the FDC facility could be constructed without the preparation of an Environmental Impact Statement by the U. S. Department of Justice-Federal Bureau of Prisons. Staff' s review of the EA Report indicated that certain issues were either not addressed or were inadequately addressed. Principle areas of concern related to 1 ) Socioeconomic Impacts; 2) Traffic; 3) Sewerage; and 4) Project Alternatives. Mayor Jeffery requested that Staff advise Representative Stark' s Office regarding this discussion. Assistant to the City Manager Rankin advised Mayor Jeffery that he would be telephoning Congressman Stark' s Office the following morning. @&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@&@ CM-6-328 Regular Meeting October 26, 1987 Mayor Jeffery''also requested ;that- he •questiori'`the status' of ..the °'150.,acre ' land issue. - r. Following discussion of the ,'comments drafted -by ..Staff, ' on' motion of Cm. Vonheeder, seconded by Cm.' Hegarty, and by unanimous vote,zt(Cm. .Moffatt abstained) , the Council directed Staff to forward the comments to the U. S. Department of Justice. OTHER BUSINESS BART Brochure Mayor Jeffery indicated that she had received a very .impressive looking future plan booklet from BART. She advised the Council that she would make it available for their review. CLOSED SESSION At 8:42 p.m. , the Council recessed to a closed executive session to discuss potential litigation. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:10 p.m. Mayor ATTEST: City Clerk &@&@&@&@&@&@&@&@&@&@ CM-6-329_ - Regular Meeting October 26, 1987