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HomeMy WebLinkAbout06-08-1992 Adopted CC MinutesREGULAR MEETING - JUNE 8, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, June 8, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:36 p.m., by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder ABSENT: None PLEDGE OF ALLEGIANCE (610-20) The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION TO THE DUBLIN POLICE SERVICES (150-10) A presentation was made by Mary Eversley, Dublin High School Principal, to the Dublin Police Services. She indicated there was a good working relationship between Dublin High School and the Dublin Police Services. She stated the Dublin Police have always been professional and very supportive. Captain Rose and Lt. Gomes accepted the award on the behalf of everyone at the Dublin Police Services. Heinz Gewing, Superintendent of the Dublin Unified School District, presented a plaque to City Manager Ambrose and the Staff in the Building, Planning, and Recreation Departments for their outstanding support of the Dublin Unified School District. Mr. Ambrose acknowledged the good working relationship between the City and the School District and together a lot had been accomplished for the community. Heinz Gewing made the presentation of a plaque to the Dublin City Councilmembers for their outstanding support of the Dublin Unified School District. He stated that it was very unique to have the kind of support the School District has received from the City on the behalf of the community. He knew of no other case where a School District and City Council worked together for the benefit of the children in their community. Mayor Snyder stated he was very glad for the relationship that had been developed between the School District and the City. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 223 Regular Meeting June 8, 1992 CUSTOMER SERVICE AWARD FOR JUNE (150-90) City Manager Ambrose presented the June Customer Service Award to David Choy, Associate Planner in the Planning Department and current Chair on the Customer Service Committee. David was nominated by his peers for demonstrating exemplary customer service skills. David was presented with a restaurant gift certificate and a coffee mug displaying the City's customer service motto. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of May 26, 1992; Accepted Gift of $200 to City for use at the Dublin Senior Center from the Dublin Women's Club and directed Staff to prepare a formal acknowledgment to the donors. (150-70) Adopted and RESOLUTION NO. 60 - 92 APPROVING PRELIMINARY ENGINEER'S REPORT CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) (360-20) RESOLUTION NO. 61 - 92 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 and set a public hearing date of August 10, 1992 for the purpose of hearing protests to the'proposed assessment. Mr. Burton abstained from voting on the above item due to the fact that he owns property within the Assessment District. Received the City Treasurer's Investment Report as of May 31, 1992 (320- 30); #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 224 Regular Meeting June 8, 1992 Adopted RESOLUTION NO 62 - 92 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511 ) (360-20) and RESOLUTION NO. 63 - 92 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 Adopted RESOLUTION NO. 64 - 92 APPROVING A REVISED RISK COVERAGE AGREEMENT FOR LIABILITY INSURANCE COVERAGE PROVIDED BY ABAG PLAN (170-30) and RESOLUTION NO. 65 - 92 AUTHORIZING PARTICIPATION ,IN A SELF-INSURED PROPERTY INSURANCE PROGRAM OFFERED BY ABAG PLAN (170-30) and authorized the execution by Staff of the Revised Coverage Agreement. Mr. Ambrose requested that the wording be changed from "General Fund Contingent Reserve" to "Additional Revenues" on the budget transfer of $28,781. It will not be a transfer from the Contingent Reserve Fund. Authorized a budget transfer of $28,781 from Additional Revenues to CDBG account ( 480-20 ). Adopted RESOLUTION NO. 66 - 92 APPROVING QUITCLAIM DEED FOR FEE TITLE FOR SIERRA LANE WITHIN TRACT 5900 TO BJ DUBLIN COMMERCIAL (670-40) Approved Warrant Register in the amount of $427,465.47(300-40). #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 225 Regular Meeting JUne 8, 1992 Cm. Jeffery requested the Minutes of May 28, 1992 be pulled from the Consent Calendar. She wanted an addition to Page 220 of the Minutes of May 28, 1992 under "the motion by Cm. Burton, seconded by Cm. Moffatt, and by a consensus, the Council agreed to proceed with alternative 3.b, reduce the number of allowable units to a maximum of 74 units, eliminate the Brittany Drive extension and provide an emergency vehicle access route (the cluster development alterative)." The addition would be "Cm. Jeffery and Mayor Snyder vo~ed agains~ ~he mo~ion." On Motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council approved Minutes of Adjourned Regular Meeting of May 28, 1992. REQUEST TO CLOSE BURTON STREET FOR FOURTH OF JULY BLOCK PARTY (650-50) The City had received a request from Richard Heller to close Burton Street from 11:00 a.m. to 11:00 p.m. on Saturday, July 4, 1992 for a block party. Public Works Director Lee Thompson presented the Staff Report and advised this request was similar to that received in prior years from the residents of this street. The typical conditions for this type of request were the residents obtain an encroachment permit, either purchase special event insurance through the City or provide an insurance certificate from individual homeowners' policies, and provide lighted barricades which were to be monitored at all times'. Other conditions related to litter cleanup and the use of alcohol by adults only. Cm. Jeffery felt it was very good that this community did it every year. Cm. Moffatt asked how many years had this block party been done? Mayor Snyder estimated it was about ten years. On motion by Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council allowed the request to close Burton Street for the July 4th Block Party. PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) Mayor Snyder opened the public hearing. Staff presentation by Public Works Director Lee Thompson. In 1983, the City Council formed a Citywide Street Lighting Assessment District to replace the County of Alameda Lighting Service Area. On #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 226 Regular Meeting June 8, 1992 August 13, 1984, the City Council approved the annual Engineer's Report and ordered levy of assessments for the first time. Although it was anticipated the costs would increase slightly including energy, the 1992-93 District Assessment was proposed to decrease by approximately $1,198 compared to Fiscal Year 1991-92 due to an attempt to hold the reserve constant rather than to have it increase. The District boundary would change to include recent annexations of the Hansen Ranch and Donlan Canyon project areas, which would be assessed "vacant land" until such time as construction took place. Last year's assessment for a single-family house was $18.80. The actual assessments would be calculated once Staff had received the updated tax rolls from the Assessor's Office, but the estimated single-family assessment for 1992-93 was expected to be slightly less. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 67-92 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 PUBLIC HEARING ORDINANCE AMENDING THE CITY'S CONFLICT OF INTEREST CODE (640-40). Mayor Snyder opened the public hearing. City Attorney Silver advised on May 26, 1992, the City Council conducted a public hearing and introduced an Ordinance which would amend the City's Conflict of Interest Code. This Code requires that no public official at any level of local government should make, participate in making or in any way attempt to use his/her official position to influence a governmental decision in which he/she knew or had reason to know he/she had a financial interest. Government Code Section 87306.5 required local agencies to submit to their code reviewing body, a biennial report identifying changes in its Conflict of Interest Code, Or a statement that no amendment was needed. Changes being proposed recommended the Administrative Services/ Finance Director, Recreation Director, and the Assistant City Manager positions be added to the Code. This would mean these positions would be required to complete Statements of Economic Interest in the future. The Title of "City Engineer" would be amended to "Public Works Director/City Engineer." #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 227 Regular Meeting June 8, 1992 The Fair Political Practices Commission (FPPC) required the position of "Consultant" be listed as a designated employee. The City Manager may make determinations as to which of these consultants must file Economic Interest Statements. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8 - 92 AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE PUBLIC HEARING STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM (1030-20) Mayor Snyder opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised recent amendments to the Federal Clean Water Act and the California Regional Water Quality Control Board have made it necessary to adopt plans and programs to meet specific requirements. This included: 1) effective prohibition of non-storm water discharges into the storm sewer; and 2) establishment of controls to reduce the discharge of pollutants from storm water systems to waters of the United States. The City had entered into an agreement to implement the Alameda County Urban Runoff Clean Water Program. This proposed ordinance would empower the City to implement pollution control measures that satisfy the program's requirements. The proposed ordinance would establish discharge regulations, requirements, and enforcement procedures, provide for coordination with other programs, and establish a procedure for contracting emergency clean-up of hazardous materials. Mr. Thompson reiterated this was a part of a mandated program. At the last City Council meeting where this ordinance was introduced, the Council asked if there was some mechanism to allow appeals to the City Council. The City Attorney reported a citation for an infraction or misdemeanor cannot be appealed to the City Council because it was basically a notice to appear in court. There were several other violation processes the City could take that would allow City Council to have input. Staff would be preparing an implementation policy for the Council to review prior to the City issuing any citations. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 228 Regular Meeting June 8, 1992 Cm. Burton stated he wanted a way a person could come before a public body if he felt he was being unjustly handled. He indicated in the agenda statement reference was made that Staff was going to prepare a policy for Council review to deal with the violations prior to the beginning of the enforcement procedures. He asked if that would be part of the motion approving the ordinance or would it have to be voted on separately. Mayor Snyder indicated if it was a policy statement, it would have to be adopted as a policy statement. Cm. Burton asked if it should be included in the motion for adoption of the ordinance tonight. Mr. Thompson indicated Staff would have to come back to the Council with a policy. Cm. Burton stated before the court proceeding, he wanted to see an appeal process. He asked if it was enough that it was on the agenda statement that it would happen. Mr. Ambrose responded it depended on the policy the Council approved and the procedures to enforce the ordinance. If the method of enforcement was an infraction, there would be no method to appeal to the Council. If the Council chose to direct Staff to use other methods of enforcing it, there would be a possibility for appeals. That would be adopted by resolution and not be part of the ordinance. Cm. Burton stated he did not want it to fall between the cracks if the Council passed the ordinance tonight without the appeal process. He wanted to ensure the appeal process would be developed sometime before the enforcement started. City Attorney Silver indicated part of the motion for the adoption of the ordinance could be to direct Staff to bring the resolution back to the Council within a certain period of time. Mayor Snyder asked if there were any members of the audience who wished to address the Council on this issue. He clarified once this ordinance was established, it created strict regulations in regard to dumping anything into a storm sewer. This was brought to the community not by the City of Dublin, but was a part of the requirements of the Federal Clean Water Act. Only pure water would be allowed down the drain. Anything dumped on the street was the same as dumping down the drain. There would be heavy penalties to the City if'pollutants go into the stream. Cm. Burton indicated he understood pollutants cannot be put into the drain, but the ordinance would also include sweepings and dirt on the sidewalk. He felt it was a serious ordinance and he wanted some kind of public feedback so the Council could see how the program was going and if people felt they were being unfairly handled, there would be a way they could appeal to the Council. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 229 Regular Meeting June 8, 1 992 Mayor Snyder cautioned regardless what the City Council determined, if there was a higher authority that presumed the City· had not been responsible, then the City ultimately was responsible regardless of individual acts. A member of the audience asked if there would be specific monitoring points throughout the City. Mr. Thompson indicated as part of the program, Dublin had a permit with the other cities in the County and monitoring stations had been set up near major channels. This monitoring had been going on for the last three years. The idea was to try to reduce heavy metals so it did not get to the bay. Another member of the audience advised parts of San Ramon dump into the same drainage areas as Dublin. He asked how would the monitoring be done to determine whose fault it would be. Mr. Thompson indicated it had not been addressed as yet. The Regional Water Quality Board had required counties to start implementing the program. It was started in the south bay where poor water quality started due to lack of circulation. Each county would eventually be required to implement the program. Dr. Scudder indicated the old rule of thumb in regard to this type of runoff was in the first half hour of a hard rain, the runoff was often the equivalent of sewerage, so we would be trying to control something that was not very good in the first moments the rains started. Mr. Thompson agreed the rains would bring anything that happened to be on the streets or sidewalks. But what was trying to be controlled was the illegal dumping of people changing their oil and cleaning their rugs. Many people did not realize it was not supposed to be dumped in the storm drains so it would be an educational process. Guy Houston asked why the ordinance could not be changed to address people dumping oil down the drain rather than debris on the Sidewalk. Mr. Thompson indicated the ordinance said anything other than storm water. The City did not want people taking their grass clippings and dumping them into the storm drain. The point where people actually dump down the drain was where fining would be done. A member of the audience asked if there would be some kind of brochure sent out. Mayor Snyder indicated there would be lots of educational offerings in regard to the dumping in storm water drains. Mr. Thompson stated there would be a brochure that would go out. One member of the audience stated the street sweeping services would no longer be needed so the City could save some money there. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 230 Regular Meeting June 8, 1992 Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 92 ADOPTING A STORM WATERMANAGEMENT AND DISCHARGE CONTROL PROGRAM with the provision the Staff would prepare a policy for the Council to review for dealing with the violations prior to the beginning of the enforcement procedures. PUBLIC HEARING TRIP REDUCTION ORDINANCE (TRO) (590-80) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised the passage of Proposition 111 in 1990 established a State-mandated Congestion Management Program (CMP). Proposition 111 provided for a nine cent gas tax increase. The increased gas tax imposed new requirements on local government to curb congestion on California's transportation network. CMPs were required in each urban county. One of-the key components of the Alameda County Congestion Management Program was the implementation of trip reduction and travel demand strategies. The Trip Reduction and Travel Demand element of the CMP required the adoption of a Trip Reduction Ordinance (TR0) by each jurisdiction in Alameda County. The deadline for adopting the TR0 was June 30, 1992. The impact of not adopting and implementing the Ordinance would be the possible loss of Federal ISTEA monies and State Gas Tax monies. It was proposed the City implement its Trip Reduction Ordinance through the hiring of a half-time Staff person who would manage the Commute Alternatives Information Program. This person would develop the printed materials, contact employers to inform them of the Program requirements, conduct training classes for the employer's commute coordinators, and monitor the Program. The employers must make a good faith effort to educate their employees and try to encourage reduction in vehicle trips during the rush hours. During the first three program years, only businesses with more than 100 businesses would be required to participate. By the fourth program year, businesses with 50 or more employees would be included. The estimated number of Dublin employers with over 100 employees was eleven, and with over 50 employees was eighteen. The Ordinance did set a #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 231 Regular Meeting June 8, 1992 penalty of $250 per day if an employer refused to comply with the Ordinance after a 90-day notice. These funds would go to the City. Cm. Burton asked if any effort was made to work together with the Tri Valley Council or other agencies or cities. Dublin had only twenty- eight businesses that would fall under the mandate. He felt they should be pretty easy to monitor and train. He felt this should be set up in conjunction with other cities rather than set up as a separate division. Mr. Thompson explained it would be half of a part-time person to establish the program and after one year, it would be reviewed how the program had been developed. The other alternate would be to hire a consultant such as the City of Pleasanton which had four Staff that were involved in the trip reduction program. Cm. Burton wanted to know how many hours it took to train eleven businesses. Mr. Ambrose indicated it was not a matter of training, but there was also the follow-up. Staff was proposing for a one year period for a half time person in the budget to do the training and follow-up. But Staff would also be looking at the possibility of contracting with Pleasanton who already had three full time people doing the job. ' this would be another Cm. Burton felt since finances were tough, $24,000. Cm. Jeffery indicated the City did not have much of a choice. Mr. Ambrose explained it was an on-going situation due to the CMA requirements. When examining the streets in Dublin which had an A, B, or C level of service, what this program was attempting to achieve will not really put a dent in the problem. The program was mandatory with the City receiving half million in gas taxes each year. If the City was out of compliance with the program, those monies were in jeopardy of being lost. Mr. Thompson advised in six months, the City may have to revise their ordinance to match the ordinance created by the Bay Area Air Quality Control Board. Cm Moffatt saw in the media an advertisement for a $20 rebate or award for people that were in the program and using other than automobiles to get to work. Would this be part of the program? Mr. Thompson responded it was part of the program to encourage emplOYers to make rebates available to their employees. An employer could give an employee $21 per month if the employee took some kind of mass transit or car pooling. It became tax free to the employee. Cm. Moffatt asked if employers were able to participate in the program even if it was not mandatory to them because they had less than 50 employees. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 232 Regular Meeting june 8, 1992 Mr. Thompson thought they could. Cm. Jeffery indicated the tax rebate was for every employer that participated. When she was in Washington, D. C., they tried to convince the Legislators to make it $60 so that it would encourage more people to get out of their cars. Mayor Snyder opened the discussion to the public. There being no comments, Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and INTRODUCED the Trip Reduction Ordinance. WE_.ST~RN DUBLIN GRNR. RAL PT.AN~NDI~RNT AND SPECIFIC PLAN (420-30) Planning Consultant Brenda Gillarde indicated at the City Council meeting on May 28, 1992, several aspects of the Western Dublin project were addressed. The Environmental Impact Report (EIR) for the project was reviewed for adequacy and was certified by the Council as complete and adequate pursuant to CEQA guidelines. The Council directed Staff to incorporate in resolution form the following: 1) the land use concept for the Milestone property was revised to reflect no more than a maximum of 74 units, no Brittany Drive extension, one public access road via the Hansen Hills Ranch subdivision, and the southerly alignment for the emergency vehicle access route; 2) the land use concept for the Eden/Schaefer property would remain at no more than a maximum of 3,131 units, development in Upper Elderberry and Wildflower canyons, an 18 hole championship golf course, and a pedestrian-oriented "village center;" 3) the City's existing General Plan policies were amended regarding the City's policy regarding 30 percent slopes, oak and riparian woodland protection to accommodate the development concepts described in the Western Dublin Specific Plan, as revised by the Planning Commission and the City Council; and 4) other minor adjustments to the General Plan Amendment and Specific Plan were made as recommended by the Planning Commission, Staff, and the City Council. The four components of the resolution consisted of: 1) the adoption of the General Plan Amendment in regard to development on slopes over 30 percent and oak woodland and riparian woodland #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 233 Regular Meeting June 8, 1992 protection, and modify the City General Plan Land Use Map to reflect the land uses described in the Western Dublin Specific Plan; 2) the adoption of the Specific Plan, which would make the draft Western Dublin Specific Plan the policy and land use document for Western Dublin. The Specific Plan did not approve a particular development proposal, but rather established the type, amount, and location of development in Western Dublin. 3) the adoption of Findings and a Statement of Overriding Considerations was required by CEQA for a project which an EIR had been certified which there had been significant environmental effects identified. For each significant impact identified, there must be a written finding made. Ms. Gillarde indicated there were some minor word changes to the resolution which City Attorney Silver would address. There were six unavoidable adverse impacts which were 1) alteration of Eden Canyon for a main access road into the project; 2) major landform alteration resulting from project grading; 3) visual impacts on the existing Morris residence due to landform alteration; 4) loss of significant stands of coast live oak woodland, riparian woodland, and natural stream corridors; 5) contribution to regional ozone emissions; and 6) expansion of wastewater facilities. Ail the alternatives with the exception of the cluster development alternative for the Milestone Property were found infeasible. 4) the adoption of the Mitigation Monitoring Program which State Law requires public agencies to adopt for projects for which an EIR had been prepared and mitigation measures approved to reduce identified environmental impacts. A mitigation monitoring program must identify 1) who is responsible for monitoring the mitigation; 2) what is the mitigation measure being monitored and how; 3) when should the mitigation be monitored and for how long; 4) when should the mitigation be completed and in place; and 5) what agency was required to ensure implementation of the mitigation measure. City Attorney Silver indicated the draft resolution had been revised and distributed to the Council before the meeting. The changes were provided more for clarification to the mitigation and the impact. The revision to the resolution was on page 5, with the following addition: "BE IT FURTHER RESOLVED THAT ~he Dublin City CounCil finds and declares ~ha~ ~he rationale for each of ~he findings se~ forth in Sections ;, 2, 3, 4 and 5 of i~s findings (Exhibi~ A) is contained in ~he paragraph preceding each finding, entitled "Mitigation Measures," in Exhibi~ A. The Counci 1 further finds ~ha ~ ~he mi ~i ga ~i on measures for each identified impac~ in Exhibi~ A make changes ~o, or alterations ~o, ~he Western Dublin General Plan Amendmen~ and Specific Plan, or are measures incorporated in ~he Western Dublin General Plan Amendmen~ and Specific Plan ~ha~, once implemented as described in ~he Mitigation Monitoring Program (Exhibi ~ B hereto), will avoid or substantially lessen ~he significan~ effects of ~he Western Dublin General Plan Amendmen~ and Specific Plan on ~he environment." #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 234 Regular Meeting June 8, 1992 In the Findings which consisted of Exhibit A and Exhibit B, there were no changes to Exhibit B which was the Mitigation Monitoring Program. But there were changes to Exhibit A, which was Findings and Statement of Overriding Considerations. The wording changes would not change the findings, but make the findings more specific and provide clarification. Cm. Burton questioned if the water tank would come under the jurisdiction of Dublin San Ramon Services District. Ms. Gillarde indicated DSRSD recognized there were aspects of their infrastructure that will need to have further environmental review. Once the Western Dublin was approved, DSRSD boundaries would be expanded to include Western Dublin. Then DSRSD would be responsible for undertaking the additional environmental review. The City would become a reviewing agency. Cm. Burton asked if at this stage, it was the City that was reviewing the plans. Mr. Ambrose indicated the City would be making the evaluation. Any public works project that was built in the City had to come to the City Planning Commission for General Plan Conformance. Mayor Snyder asked if there were any other questions for Ms. Gillarde or Ms. Silver. Cm. Howard asked Ms. Silver if the Council was not ready to vote tonight, could two resolutions be brought back to the Council. Ms. Silver indicated Staff would need some direction if Council wanted two resolutions brought back. Staff would need to know what other kind of resolution to prepare. Mayor Snyder stated Staff recommendation was to adopt resolution adopting Western Dublin General Plan, Western Dublin Specific Plan, and make the findings. Cm. Jeffery wanted to make one more pitch that the City did not change the General Plan designation that was on the Milestone Property now. The Council did promise the people to leave the hills alone and in that particular project, there would be removal of masses of trees and a lot of grading. It should be left as a rural residential designation. She did not think it was appropriate and she felt it was not what the citizens of Dublin wanted. Cm. Howard made a motion, seconded by Cm. Jeffery that Staff bring back two resolutions to the Council, one resolution would be the one presented and a second resolution that would designate Milestone Property as rural residential. Cm. Moffatt felt the General Plan Amendment would say development could be on over 30 percent slope provided the natural contour remained or the hills were sculptured It was his understanding the Milestone #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 235 Regular Meeting June 8, 1992 Development would not be a pad type development, but it would be clustered. He felt anyone building a custom type home would not be cutting down all the trees, but would leave some of the natural beauty. If there were going to be custom type homes, the design review would come back to the Planning Commission and City Council in order to approve the type of home being built and the number of trees taken. He felt the old concept of building in Dublin was changing. Cm. Jeffery indicated she could not control what a future council would do, but she could control her vote. On page 37 of the Findings, it was indicated mass grading was proposed for the Milestones Development with a section of the Cronin Ridge being lower and part of Martin Creek Canyon would be filled. Cm. Burton responded there was mass grading on Eden Development. A substitute motion was made by Cm. Burton, seconded by Cm. Moffatt for the adoption of the Western Dublin General Plan Amendment, Specific Plan including the changes that were presented to the Council that night in the Resolution and Exhibit A as presented by Staff. Cm. Moffatt asked if there was any consensus of the Eden Project to be graded down to cluster development. Cm. Burton responded that Eden Development had not been brought up at all. Cm. Moffatt wanted to know if there had been any shifting in concepts of leaning towards the cluster development alternative where there would not be the grading in the Upper Edenberry Canyon. Mayor Snyder indicated the motion was dealing with only the materials that had been presented than evening. He recommended that if Cm. Moffatt wanted to modify the General Plan to vote against the motion. Cm. Burton called for the question. The motion failed with Cm. Jeffery, Cm. Howard, and Mayor Snyder voting against the motion. Cm. Moffatt asked if there was any way to change the Eden Development to a cluster development to reduce the grading on Elderberry and Hollis Canyon. Mayor Snyder responded it'was not financially feasible to develop as clusters. Cm. Jeffery called for the question on voting for the main motion. On motion by Cm. Howard, seconded by Cm. Jeffery, by majority vote, the Council directed Staff to bring this item back to the July 13, 1992 meeting with two resolutions, one resolution was the resolution presented at that meeting, and a second resolution that would approve the project as proposed for the Eden Property and the Milestone property would be designated as rural residential ~alternative. Cm. Burton and Cm. Moffatt voted against this motion. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 236 Regular Meeting June 8, 1992 REGIONAL WILDLIFE, OPEN SPACE, SHORELINE AND PARKS BOND - LOCAL GRANT PROGRAM (MEASURE AA FUNDS) (920-60) Recreation Director Lowart presented the Staff Report and indicated at the April 27, 1992 City Council meeting, the Council adopted Resolution No. 49-92 approving application to the Local Grant Program under the East Bay Regional Park District Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance (Phase II) for the Mape Park renovation, Dublin Sports Grounds renovation, and the acquisition and renovation of the original Murray Schoolhouse and the old St. Raymond's Church. The Council also requested the Parks & Recreation Commission review the three eligible projects and make a recommendation as to which projects should receive the funds. The Parks & Recreation Commission met on May 12, 1992 and considered the use of these funds. The Commission generally agreed the funds should be spent on those high priority projects which benefit the greatest majority of residents. The Commission also indicated it was premature to prioritize the Heritage Center with other park capital projects until such time the property was acquired by the City. At the May 27, 1992 City Council meeting, Cm. Burton suggested the grant funds only be utilized for the acquisition and renovation of the old St. Raymond's Church with the original Murray Schoolhouse and Dublin Cemetery being dealt with 'at a later time. The costs for each project was as follows: 1) the Dublin 'Sports Grounds Renovation - Phase I would be $208,675; 2) Mape Park renovation would be $220,610; 3) old St. Raymond's Church acquisition and renovation would be $75,537; and 4) the Heritage Center acquisition and renovation would be $164,160. Complete applications for Phase II projects are due June 15, 1992. City Attorney Silver indicated there was a mistake on the escrow instructions on the Dublin Cemetery in that the purchase price was indicated .as $10,700 and it should be $1.00. The Attorney for the Dublin Cemetery had reviewed the documents for the acquisition of the Cemetery and there was no problem with the agreement or escrow instructions, but although the Board had approved the transfer in concept, a vote of the membership was required. Cm. Burton asked if the City had all the documents to make the decision on the Heritage Center. Ms. Lowart said no, they needed the CEQA requirements from the County of Alameda. There was a 30 day noticing period for the notice of exemption. It was mailed in time to meet that noticing requirement, but was not in hand.' It was expected to be in hand by June 12, 1992. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 237 Regular Meeting June 8, 1992 Cm. Burton asked if the restriction on the property to the Cemetery, was going to cloud the application. Ms. Silver indicated it would be up to the Parks District to determine. To apply for the funds, the City had to show it had title to the property or was about to acquire title to the property. She felt the deed restriction restricting the property to Cemetery uses had to be lifted in order to use the property for the location of a historical building such as the old schoolhouse. Cm. Burton stated he had spoken with Ms. Lowart and the City could reapply for the bond money if one of the projects like the Cemetery should hold t~hings up. Ms. Lowart indicated it was her understanding if the City submitted certain projects and the City changed its mind about which projects to request funding, the City could submit in writing and request the Parks District consider a separate project, but the City would also have to give reasons for not wanting to use it for the original project. Cm. Burton asked what the time period would be. 'Ms. Lowart advised the applications were due the 15th of June and would be reviewed with information back to the City in July. Then an agreement would be sent out in July or early August. City Attorney Silver indicated it would be the responsibility of Dublin Cemetery to lift the deed restriction but there was no time limit included. Cm. Moffatt stated the Catholic Church was willing to lift their restriction at the time of the deed change. It would be up to the Amador Livermore Historical Society to make the change. Ms. Silver responded the Amador Livermore Historical Society would have the document signed by the Bishop of Oakland and recorded with the title change to the City. Cm. Burton indicated he was a life time member of the Dublin Historical Preservation Association. Cm. Moffatt stated he was involved with the Cemetery association. Cm. Howard advised she was a member of Dublin Historical Preservation Association. Cm. Jeffery indicated she was a member of Dublin Historical Preservation Association. Mayor Snyder indicated this item was not a public hearing item. Cm. Howard asked What was the minimum amount of work would be on the church to allow it to remain open and use it on a continuing basis. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 238 Regular Meeting June 8, 1992 Ms. Lowart indicated old St. Raymond's Church was not handicapped accessible. It would cost between $5,000 - $7,000 just to adjust' the entrance. The interior of the church was presently empty. Eventually the inside would be put back together so it could be used. Cm. Howard questioned whether the facility would have to be opened to the public right away in order to receive the monies from the Parks District. Ms. Lowart indicated the monies had to be used for a high priority and that could reasonably be complete within a three year time frame. Cm. Moffatt asked if the acquisition of old St Raymond's Church for $20,000 included the costs of escrow. Ms. Lowart indicated another part of the bond program stipulated the City could not apply for less than $20,000 so the Parks District recommended if the City used these funds for the Heritage Center the City apply for two projects, one would be for the acquisition and the other would be renovation. Cm. Burton wanted to reaffirm $1 64,160 was for the entire Heritage Center project. Mr. Ambrose indicated it did not include any interior improvements. A motion was made by Cm. Burton to make application for the Heritage Center acquisition and renovation for the full amount of $157,829 and Staff was instructed to prepare the necessary documents for the application for the East Bay Regional Parks District Measure AA Bond Issue. Cm. MOffatt asked if the other items would lose out. Ms. Lowart indicated the City could not apply for more than the amount of money that was available. Cm. Howard asked if it would be better to have all three projects on the application. Ms. Lowart responded the City would need to identify where the additional funds would come from to complete the projeCts. Cm. Jeffery realized money was going to be worse to come by in the future so if the City was going to take on long-term projects that needed major capital improvement, the City would not be able to do them with much ease because the money would not be there. If Sacramento took the City's property tax and gas money, the City would be hurting for money. The other aspect was the City had spent all year through the Parks and Recreation Commission and from letters and requests from the community trying to prioritize what the community wanted. The Dublin Sports Grounds and Mape Park were the improvements most people thought were going to occur, but they will not. If the City could not use funds such as Measure AA, the improvements would not be there. She had a #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 239 Regular Meeting June 8, 1992 concern about that. If the money was spent for the Heritage Center acquisition, which she felt was a viable project, but she felt it was an inappropriate time for it, 'the City would be buying something that cannot be used and will not be able to be fixed up for a long time in place of improving the Dublin Sports Grounds which was utilized to the maximum all year round by the community. She felt it was not a proper expenditure. She also felt the deal in regard to the Heritage Center still had loose ends. There were dollars held in money market that had not been offered to be contributed to the project. Cm. Burton felt it was a question of applying priorities. This was a unique opportunity to save some 130 year old buildings. He recognized there would be some tough times ahead. He did not apologize to the people in the sports programs because the City had spent millions of dollars renovating, building the sports ground, and another baseball diamond. He felt the City would be trading a 90' baseball diamond for the Heritage Center. The City would be saving something that was irreplaceable. Diamonds can be built anytime, but these buildings cannot be saved any time if something happened to them, they could not be replaced. He had recently confirmed with Marilyn Calhoun, an author who found it referenced in "The History Spots in California" by Mildred Hoover that the old St. Raymond's Church was the oldest wooden exterior Catholic Church in the State of California. The City should take advantage of this unique opportunity right now. The money was available through the Measure AA Funds. Cm. Jeffery stated besides the initial investment, there would be the on-going expense for the Heritage Center. Cm. Burton responded Mape Park would also be an on-going expense. He indicated he had received a letter from a resident asking why the City did not sell Mape Park because she felt it was a hang out for drugs and it was not safe to use with the creek in the back. He did not want to invest a lot of money in Mape Park. Cm. Moffatt stated in regard to money, if we got involved with some historical ordinances, the City could become certified with the Historical Preservation Department which had funds available that could be utilized for the renovation. This would give the City another source of money. Cm. Jeffery stated there was not much money available and the Historical Preservation Department would not take buildings that had been altered in any way. She was not against the idea, but she felt the City should be realistic. Cm. Moffatt advised this was an opportunity to save a piece of history. Five years from now, it might not be there. Mayor Snyder felt the creation of a non-profit corporation that would operate the entire center and allow the City to contribute to it on an annual basis made a lot more sense than putting the City in the management of a historical situation. He guaranteed that down the line the people interested today will have gone away and the interest would #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 240 Regular Meeting June 8, 1992 wane and the City would be responsible to maintain the Heritage Center. For him, it was wrong. The people that wanted to maintain it should be the people involved in it. The City did not have to have a finger in everything that went on in Dublin. Cm. Moffatt felt the City would not have a finger in it. Mayor Snyder responded it would have because the City would be the owner. Mayor Snyder asked the public to come forward, identify themselves and be heard for the record. Zev Kahn, a resident of Dublin, encouraged the Council to include only the parks for the Measure AA Funding. He had been involved for years with the Parks Task Force and at no time did the Heritage Center come into the question of what should be prioritized for the community. He felt the City was dealing with a bag of worms with a lot of unanswered questions. He felt it was not fair to plan for the future without all the answers. Mape Park renovation would help out at Nielsen School. To change the whole tenure of what had been going on with planning for the parks for the last eight years for an item that had only been an issue for the last two months was unfair and did not have his support. Mark King, president of Youth Soccer League in Dublin and equipment and field maintenance manager for the Dublin Little League, indicated the facilities were not strictly used for youth activities. There were also adult, leagues. The adult softball league generated quite a bit of funding for the City. The parks were open for use up until 10:00 p.m. He felt the park facilities would have much more use than the historical sites. With three Councilmembers being members of the Dublin Historical Preservation Association, he felt they were trying to get the Heritage Center bumped higher up the list than what had been proposed by the Parks & Recreation Commission. He did not understand why the Council had not addressed what the impact would be to the other projects if the Heritage Center was allowed to replace the parks on the list. He felt the acquisition of the historical sites was an item for the future and should be put at the bottom of that already prioritized list. If the City of Dublin was going to acquire the historical sites, he felt it should be a decision by the citizens of Dublin. Measure AA Bond Funds was voted upon to provide funds for renovating existing parks & recreation facilities. Bill Chew, 20 year resident of Dublin and treasurer of the Dublin Historical Preservation Association, stated he had been in the old St. Raymond's Church once because it was owned and operated by a organization outside the City. He felt it was important to get at least the church serving the City of Dublin where it was located. The money in the money market was money DHPA tried to save to replace the bell tower on the church. DHPA did not have the thousands of people like the sports programs to go with big fund raisers. The fund raisers they had tried in the last several years have failed miserably. He thanked the City for the help in repairing the roof. He felt it was important to #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 241 Regular Meeting June 8, 1992 bring the church under the control of the City of Dublin or a Dublin organization so it could be opened for the public. Bob Tremble, 18 year resident of Dublin, stated he was very concerned. In 1988 and 1991 he had spent a lot of time on the Parks & Recreation Visionary Planning Committee creating the priority list. With the budget crisis at hand, the City had to look elsewhere for funds. The Measure AA Funds were those funds to keep the City's parks & recreation programs going. He was very proud of the state of art parks in Dublin that benefit all the citizens of Dublin. He felt more people were concerned about parks & recreation programs than the Heritage Center. He was concerned that the funds should do the most and best for the citizens. The parks were visited by thousands of people each weekend. He felt the Heritage Task Force had been very near sighted and was not tapping the energy and strength of the community. He urged the Heritage group to mobilize the volunteer efforts in the community. Let the money go where it was intended and originally directed. Don't get the government involved and have to deal with all the safety requirements. He urged the Council to change their vote and please direct the money back to the Parks & Recreation. Then get together and build a heritage foundation. Charles Dougherty felt the town definitely needed a sense of identity. Many towns did not have the history or heritage Dublin had. He felt a great deal should be done to preserve the unusual background. Once the buildings were gone, they could never be restored. Georgean Vonheeder, 21 year resident of Dublin and president-elect of Dublin Historical Preservation Association, indicated the Board of DHPA did vote to turn the schoolhouse over to the City. It was her suggestion as a member of the Heritage Committee to form a foundation to actually run it rather than have the City run it. But it was not the direction of the Heritage Committee.- The members of each of the associations have a deep personal attachment to their sites. They all have the same goal in mind to preserve the sites. But as a resident, she had a problem with taking money that had been prioritized for other projects. She also felt the Heritage Center did not belong with the Parks & Recreation Department. She urged the City to use the Measure AA Funds for the parks and go to the City reserves to save the historical sites that were decaying. Save the past for the children's future. Jeff Chapman, 8 year resident of Dublin, indicated he was in favor of the money going to the sports ground. He felt the voters had their say and if the City turned to another project, they would be aghasted. He urged the DHPA to petition to sell fireworks. There was a lot of money to be made in selling fireworks. George Zika indicated he supported the foundation concept. Ten years ago when they were fighting to establish a Parks & Recreation Commission, one of the first groups contacted had been the Historical Association which told them they did not want any part of them. So lot of time and years have been spent on planning parks and how park money should be used. Commitments had been made to people. He indicated the majority of members on the Council had made commitments to people to do #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 242 Regular Meeting June 8, 1992 things. Mape Park had been pushed back for five years. As a past chairman of the Parks & Recreation Commission, having made a commitment to the people of Dublin, he apologized that they were not able to follow through on that. He felt a foundation would help and the City was cheating the people by reneging on promises made to them. Marie Cronin indicated her family had been here for 140 years. She stated a lot of the heritage of Dublin had already been lost with hotels burning down. These two building plus the old Green Store were all that was left. She felt it was an important opportunity for the community. She indicated that millions of dollars had already been invested in the parks and she felt that was great and they should all be proud of that. She had attended the Parks & Recreation Commission meeting and it was her understanding that the Measure AA money was also for historical sites. The DHPA worked very hard. There had been two tours of over 100 people this last week. The vandalism was incredible. She felt the new people were destroying the little bit that was left. The building had been broken into many times and they had been robbed. She felt the opportunity today would not short change the Dublin community. She felt it was a worthwhile project. The acquisition of the buildings were the main thing. If it was not done today, there was a good pOssibility it would not be there within another five years. She hoped the Council would do what was best for the community. The DHPA was doing a labor of love for the community that came after them so she hoped the Council would approve it and also do what was fair and needed ~for the sports people. Pete Hegarty, 11484 Silvergate Drive, felt it was upsetting to watch what was taking place. The Council was putting the sports people against the historical people; members of the Council against members of the Council. He knew if he polled any member of the Council they would all say they were in favor of preserving Dublin's history. If polled the next day, they would be in favor of doing all they could for the sports groups and the parks and recreation. Mr. Burton brought up an idea to try and get funding through a bond issue. Whatever the Council decided, he did not feel the building would fall down this year, but the community was losing. Right now there was still a schoolhouse and a church. The rest of what Dublin had was plaques. He asked the Council to get together and figure out a way to take care of our history and also satisfy the people who wanted to play at the sports grounds. Both were good resources for the City. Other cities did not have history. He felt as a City, we had an obligation to preserve that history. As a City, we had the obligation to satisfy the services of the sports people. Get together and quit bickering over it. Donna Miller, 11933 Dublin Canyon, Pleasanton, realized this was a difficult decision for the Council. She had recently taken over 100· third & fourth graders who were very interested in Dublin's history and asked a lot of questions on tours through the schoolhouse. She realized the same students were using the sports grounds as well. She wished we could have it all. In response to the remark made that when the City took over, people would not participate any more. In neighboring communities, she had not seen that happen. She hoped there would be other people who wanted to preserve history and carry on. The #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 243 Regular Meeting June 8, 1992 Schoolhouse was only open to the public from 2 p.m. to 5 p.m. on Sundays. Any other time, a group would only have to call the MuSeum number at 828-3377 to arrange for a tour. There had been cub scouts, brownies, students from other nations such as the Russian students and the Japanese students, and school tours. She realized it was a tough decision, but the students did enjoy seeing the history. Jean Zefer, 30 years resident of Dublin, begged the Council for help. Without the City, there would not be any history. Vince Vonheeder, 21 year resident and a member of DHPA, felt the Measure AA funds should go to the parks, but preserving the history was also a responsibility of the City. We became a City ten years ago with the idea we had to control our own destiny, but our destiny included where we came from as well as where we were going. There is the slogan "Old Heritage-New Ideas". Now was the time to recognize we had "Old Heritage". This was a crossroads town a hundred sixty years ago and it was a crossroads town today and if we did not watch out, the crossroads would overtake the last few historical buildings. He realized it was tight times and things were going to get worse, but they ultimately would get better. The Council were the guardians of the City's history, as well as the shapers of its future. He felt the Measure AA funds should go to support the parks, but he challenged the Council to come up with the funds to at least start the ball rolling and protect the two historical buildings, which was all that was left of the City's heritage. Val Hathaway indicated his family moved to Dublin 65 years ago. He had worked with the Little League and seen the fields built up over the years and he realized the fields were needed for the youth. He had also seen the lost of Fallon House and the Green House. He urged the Council to act now to create the Heritage Center and not lose it. Gall Smith felt there was a need to preserve the heritage, but she wanted a wider voice, other options and other solutions. She suggested the DHPA have a "run" to raise money. The San Ramon RUn made $40,000. She urged the DHPA to look for other resources and other alternatives. She did not believe it should be the City's responsibility. It should be the people's responsibility to take care of the earth, of their history, and who they were. Cm. Moffatt felt sports parks and game facilities were an asset to the City, but the City would not have to add as much money to the Measure AA funds $157,000 to acquire the Heritage Center. In his mind old St. Raymond's was not a church, but an old historical building. Cm. Burton stated he was very impressed with the well spoken and gentle presentations by everyone. He wanted to remind the people in sports that every year the City spent a million in parks and that much was spent on the sports grounds at the High School and more was being planned to spend. He felt it was the difference between the Heritage Center and a baseball diamond and some bleachers. This would be a one time issue. The kids were using the Heritage Center. He realized it could not be matched to the sports ground and soccer fields. He felt it #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 244 Regular Meeting June 8, 1992 was a short time opportunity and the timing was important. He respected the difference of opinion. He felt sports were an important part of our society. But this was a unique opportunity to preserve our heritage. Mayor Snyder stated he would take absolute personal responsibility that there was a foundation under the church. He did it solely on his own because he knew it needed to be done. He felt that was what a private foundation could do. The City would not do that. He felt it gave a totally different feeling of responsibility. Unless people were willing to work for the betterment and preservation of those buildings, it would not happen. He felt if the personalities of ALVHS and DHPA were removed, there would not be this problem today. Cm. Burton indicated this was an issue that everyone had feelings about and it was trying to be solved. But it did not mean the Council would not get along even though there was a divided attitude. He indicated it would not change that much no matter who won. Mayor Snyder stated it was a matter of opinion. He indicated in the newspaper it was indicated a minority of Council and Staff appeared to be bucking Cm. Burton. He did not feel anybody bucked anybody. The Council as individuals had no responsibility once they were divided from the position. He felt it was all a matter of .opinion until the Council convened during the Council meeting. On motion by Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council approved application for the Heritage Center acquisition and renovation for the full amount of $157,829 and instructed Staff to prepare the necessary documents in preparing the application for the East Bay Regional Parks District Measure AA Bond Issue. Cm. Jeffery and Mayor Snyder voted no on this motion. CITY MANAGER'S EVALUATION/COMPENSATION (700-20) City Manager Ambrose indicated that the City Council had annually evaluated the performance of the City Manager in May or June of each year corresponding with the City Manager's anniversary date of May 1st. With respect to the City Manager's annual compensation, the City Council had typically appointed a sub-committee of the City Council to meet with the City Manager to discuss terms of compensation each year. The Committee had then reported to the City Council with a recommendation. It would not be necessary for this Committee to meet this year because the City Manager had indicated that he would not accept an increase to his compensation for the upcoming year due to the fiscal restraints the City was presently facing. Cm. Burton questioned whether the evaluation would be a publiC hearing. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 245 Regular Meeting June 8, 1992 Mr. Ambrose responded it would be a closed session. Compensation always had to be acted upon in a public meeting. But it would not be an issue this year. If the Council wanted to change the format, please let him know. The Council set July 13, 1992 for the Closed Session to conduct the City Manager's performance evaluation. OTHER BUSINESS STATE BUDGET CRISIS (330-80) Mr. Ambrose indicated a notice was received by League of California Cities in regard to the State eliminating the Vehicle License Fee (VLF) to the Cities. If the State eliminated $784,000 from the City's Annual Budget, the City would have major trouble. The State was also going after the AB8 portion of the Property Tax. The League did not feel the property tax cut would impact the City of Dublin. The State had just about run out of things to take from the City. The only way the City could continue to function was to attempt to remain as~independent from the State as we could by utilizing our own resources and maintaining them. Cm. Jeffery had spoken with members from other cities and their feeling was the cities should come in very hard with letters right away to tell the State it was totally unacceptable. She felt the City should do that. Cm. Howard asked how the Vehicle License Fee was determined. Mr. Ambrose responded it was based on a motor vehicle fee based on the amount of registration fees generated statewide and it was divided on a per capita basis. It was estimated it would be $36 per capita this year and Dublin had 25,000 plus people. Dublin had to subvent a certain amount back to the County for the population generated at Santa Rita County Jail. Cm. Jeffery felt it was the principal, the State should not be taking the property tax. Mr. Ambrose indicated there was not much more left the State could take from the cities unless the State restructured 'State financing altogether. Motor In Lieu Fee was the last discretionary General Funds Subvention Dublin got from the State. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 246 Regular Meeting June 8, 1992 AFFORDABLE HOUSING MEETING (430-80)... Cm. Burton advised there would be an Affordable Housing meeting on Thursday, June 11, 1992 and he indicated he was against the Boatwright Bill. Mayor Snyder stated safeguards had been attempted to be put in where affordable housing dumping could not be done. A city had to build a percentage of the affordable housing within their own community. Mayor Snyder indicated there were housing groups watching throughout the state to see how the allocations were going to occur. In particular the groups were watching communities like Danville so communities could not go somewhere else and buy land. Before the city did anything, a portion had to be built within the community. Cm. Burton requested input from the Council so a consensus could be determined. Cm. Moffatt requested to see a copy of the bill. POSSIBLE CONSTRUCTION OF ACCESS UNDER 1-580 (590-80) Cm. Burton received a letter from Frederick Doolittle supporting Zone 7 construction of an access under 1-580. Mr. Thompson indicated he was not sure if~ there was any money available to construct the access. Cm. Burton requested the City Manager investigate the proposed pedestrian crossing under 1-580. REQUEST TO REVIEW BANNER POLICY (650-20) Cm. Jeffery requested the pOlicy on the banner be brought back to the Council to look at it. There had been some concern about what was allowed on the banner. She felt the Council should discuss what was allowed and possibly refine it. She felt any reference to a religious affiliation should be deleted from the banner. That would not stop the advertising of a carnival that was located at a church. She felt the "March for Jesus" was not appropriate. That banner had bothered her and others in the community. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 247 Regular Meeting June 8, 1992 There being no further business to come before the Council, the meeting was adjourned at 10:33 p.m. Minutes prepared by Sandie Hart. ATTEST: MaYOr ~/ ~'~ t y Clerk #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM- VOL 11 - 248 Regular Meeting June 8, 1992