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HomeMy WebLinkAbout02-24-1992 Adopted CC MinutesREGULAR MEETING - February 24, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, February 24, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. * * * ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. None. PLEDGE OF ALLEGIANCE (610-20) Second Class Scout and Patrol Leader Jim Hybl, from Troop 905 led the Council, Staff and those present in the pledge of allegiance to the flag. Jim stated he had been in Scouts since June. He has been to summer camp and participated in a few other activities. CUSTOMER SERVICE AWARD FOR MARCH (150-90) City Manager Ambrose presented the March Customer Service Award to Bonnie Leonard, Recreation Coordinator in charge of the Senior Center. Bonnie consistently provides exceptional customer service to the seniors of our community, whether it be a cheery greeting or a sympathetic ear. Bonnie was presented with a restaurant gift certificate and a mug displaying the City's customer service motto. FINANCE REPORT AWARD (150-20) Ron Howard, with the City of Concord, representing the Government Finance Officers ASsociation presented a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to the City of Dublin. He indicated that he had seen this award in the past go to larger cities with huge staffs. A separate award was given to Finance Director Phillip Molina. Mr. Howard explained that this group was founded in 1906, has approximately 11,000 members, and is dedicated to the advancement of professionalism in the area of government finance. Mr. Howard advised that receipt of this Certificate of Achievement represents a significant accomplishment for the City, its management, · · · · · · · · · · · · · · · [] · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 67 Regular Meeting February 24, 1992 and the Finance Department. The Certificate was awarded for the City's Annual Finance Report for Fiscal Year 1989-90. Mr. Molina stated that an award like this cannot be received without a hardworking staff. He introduced 2 of the 3 members of his staff. REPORT ON AVAILABLE WATER SUPPLY BY DSRSDAND ZONE 7 (1000-10) Planning Director Tong advised that the City is presently undertaking 2 significant General Plan Amendment studies, and during the .Planning Commission public hearing on the Western Dublin GPA study, the issue of water availability to serve the study areas was raised. Mr. Tong advised that Staff had arranged for Dublin San Ramon Services District and Zone 7 Alameda County Floodr Control & Water Conservation District to make a presentation in order to provide the most accurate information possible to date. · Bob Beebe, General Manager of DSRSD gave a report on how the California water system works. Three-quarters of the State's water runoff occurs in the northern part of the state and yet three-quarters of the demand is in the southern part of the state. The Federal Central Valley project delivers about 5 million acre feet of water per year to about 3 million acres of farmland between Red Bluff and Bakersfield. About 1 million acre feet is supplied to urban users through water retailers such as the Contra Costa Water District in Concord. A second major northern California system is the State Water Project on the Feather River northeast of Oroville. This project can supply 3 million acre feet in a normal year and it is from this source that the Valley's water is imported. Zone 7 has the distinction of being the first of 30 state water contractors to pump water out of the California Aqueduct. Zone 7 has 2 treatment plants which filter and disinfect the water. They also receive local runoff from Del Valle and this water is then delivered to DSRSD for sale in Dublin. For 25 years, DSRSD's mission has been limited to retail service and water; i.e., making connections to new homes and businesses, reading meters, billing customers. With the uncertainty of the summer of 1989 supply, the DSRSD directed their Staff to begin looking for water to make the current supply more reliable and to meet the demands of new customers. Mr. Beebe stated as the City plans growth, the District is determined to provide water and wastewater services. As a state water contractor, Zone 7 is probably in a better position to seek new water. Further, 2 separate water systems are not really needed in the Valley. Zone 7 is now considering policies that could meet the need for new supplies of water. The District will continue to put out feelers to find where there may be water available, but they will not make commitments so long as Zone 7 makes progress toward finding new sources of water. Mr. Beebe stated with regard to water service to West Dublin, water service to the planned 3,260 homes will require about 1,200 acre feet of water per year. They sold 3,950 acre feet of water to the City of n n n n n n n n n n n n n n n n n n n m n n n n n n n n n m----- CM- VOL 11 - 68 Regular Meeting February 24, 2992 Dublin in 1990 and 3,570 acre feet last year when they Were urging conservation. Recycling of treated wastewater from the District's plant will make a big difference between the amount of water required in West Dublin and what would be needed to serVe a like number of homes in the central part of town. They feel they can easily serve West Dublin with 1/3 less water than it would take here because of recycling. West Dublin will actually use more recycled water than they will produce, so this is a fine opportunity for good water management here in Dublin. The recycled water would receive the same filtration and disinfection treatment given drinking water and the water will be safe for body contact. DSRSD is working with Zone 7 to set conditions for recycling major portions of treated effluent, as it becomes cost effective to do so in comparison with new water supplies. Best Management Practices throughout the District are being implemented to reduce the impact of expanding service. Mr. Beebe explained that they suspect that California water costs in the 90's may resemble gasoline prices in the 70's. Since last summer, they have raised their water rates about 30%. They feel that the District will remain financially healthy, provided they can continue to see as much water as they did laSt summer. Water costs in western Dublin may be higher than in the Valley. Developers may advance those funds and then add them to the cost of a house; or another possibility would be an assessment district that would pay the marginal Cost of bringing new water to the Valley. No matter how it's done, it will not affect the cost of water to current residents, nor the reliability of supply. Tom McCormick, President of the Board of Directors of DSRSD stated they clearly understand their responsibility to the City to provide water to the City's planned needs. With or without the cooperation of Zone 7, they intend to pursue and meet the need. They want Zone 7 to assume the rightful role of wholesaler, and they wish to continue in their role as a retailer. They are now looking for sources of water and are actively planning and trying to widen the scope of the recycling plan for the Valley that will add to that source. They regularly discuss how to meet the planned needs and may have to create their own source. Board Member Georgean Vonheeder stated she echoed Tom's comments regarding their commitment to providing services. The District's Mission Statement is very clear, and their Board is highly committed to being utility providers and understands that the planned growth that goes on is the responsibility of the City that it serves. As the City develops to the west and to the east, it will be their responsibility to provide services to those areas. Mr. Sandy Figuers, Chairman of the Zone 7 Board commended the DSRSD Board for staying out of land planning and being in water service. He explained that they are the water wholesalers for the entire Livermore Valley area, covering the entire eastern portion of Alameda County. They currently supply about 40,000 acre feet of water per year to their customers. Last year, the State supplied them with only 10% of their normal allotment. They discovered that they did not have the CM - VOL 11 - 69 Regular Meeting February 24, 1992 capacity to supply the entire Valley from the groundwater basin. Parts of Livermore were supplied strictly thrOugh the canal system. This situation has been remedied, both through the addition of piping infrastructure and the addition of new wells to allow peak capacity pumping during the summer. It appears that this year, the State will be giving them 20% of their current requested supply. This coUld increase to 30% or greater if we have March rains. They have currently added approximately 3,000 to 4,000 acre feet of extra storage in Del Valle Reservoir, and are currently running 100% of that runoff water through the water supply system, saving the State supplies until later in the year. Mr. Figuers stated they expect water supplies to be similar to last year, and will probably be requesting voluntary reductions of about 15-20%. Last year, they requested 20-25%. A current copy of water supply projections was passed out. They currently serve about 50,000 dwelling units, or 130,000 people. Their current system maximum supply capability is approximately 70,000 dwelling units. Based on current discussions of numbers, the demands will exceed their ability to supply water within the next 10 years. As we get closer to the ultimate limits of their system, they also lose flexibility. Mr. Figuers indicated he felt the cheap water era is coming to an end. The problems are both technical and political. Zone 7 must know how many people they will be required to serve. The next problem is where do they get new water. The whole State is having to deal with these problems. Storage will probably require a reservoir in the upper Del Valle area, and also a treatment plant, double the capacity of current systems. A preliminary cost analysis is in the $200-$400 million range. This would necessitate an increased connection fee of between $4,000-$8,000 per new house, from the current fee of apProximately $850. This new type system will require 10 to 12 years lead time, so if they are to start building new infrastructure and getting new water, it needs to begin within the next year or two. Mr. Figuers discussed the political question of whether water shoUld be used to control growth. Both sides of the question have good and bad points. They have members on their Board who represent both sides. Their attorneys have advised them that there is no legal problem or restriction preventing them from supplying water outside the Alameda County boundaries. Cm. Jeffery questioned how he characterized Zone 7, as a provider or a planner. Her constituency has asked her this. Mr. Figuers stated they are legally required by their charter to provide water, and he could not give a pat answer to this question. A historical summary was given of how Zone 7 came into being in the late 50's. He felt the voters should have a say regarding major increases in infrastructure as they will be paying for it. It's an unclear issue as far as where the official request comes from for them to double their water system size. CM - VOL 11 - 70 Regular Meeting February 24, 1992 Cm. Burton requested comments on whether he felt the Board members were elected on the basis of their strategy on planning, or their strategy and knowledge of water. Mr. Figuers. replied that the Board members seem to have every spectrum represented and the answer would have to be yes and yes. Cm. Moffatt asked if Zone 7's decisions could be overturned by the Board of Supervisors. Mr. Figuers advised that even though they are an elected Board, they are not completely independent. Their decisions are reviewed by the Board of Supervisors. They do have the ultimate authority, but he was unaware that the Board of Supervisors had ever overturned one of their decisions. Cm. Jeffery felt it would be helpful to note that most of the cities look to Zone 7 as a provider, not a planner. Mr. Figuers agreed, but he questioned how the planners come up with their numbers. Cm. Jeffery advised that this is not their problem, but the City's. Planning Commissioner Lee North questioned with regard to the projected increase of about 51,000 dwelling units, how soon Zone 7 would know how they're going to provide water. The City will be making plans in the next year or so for the next 20 years. Mr. Figuers stated he could not guarantee that there will be water for that many people. Potential recycled water sources have been discussed. The way things are in the water business today, you can have a project brought on line and constructed, and still not get the water. Right now, they have approximately 20,000 slots left in their system. Basically, the first projects that come through will have a much better change of getting those slots. In summary, Mr. Figuers stated that he understood that it's difficult for a planner to plan things for the future when they can't give a firm answer, but Zone 7 will do the best they can. TRI-VALLEY WASTEWATER AUTHORITY (TWA) EXPORT SYSTEM ENVIRONMENTAL DOCUMENT REVIEW (1030-70) Public Works Director Thompson advised that in 1986, the sewer providers in the Valley formed a JPA, Tri-Valley Wastewater Authority (TWA), to plan and construct additional facilities to serve the future needs of the member agencies. These agencies include DSRSD, the Cities of Livermore and Pleasanton, and Alameda County. A solution for increasing the capacity of the export line to San Francisco Bay was proposed in the past, but that solution ran into some political and environmental problems. New solutions have been explored, and an CM - VOL 11 - 71 Regular Meeting February 24, 1992 updated environmental document has been prepared for release to the public. Mr. Thompson introduced Bob Whitley, General Manager, who explained that the new Environmental Report covers 3 physical alternatives: 1) The preferred alternative is to export future untreated wastewater north along the Southern Pacific right-of-way to the Central Contra Costa Sanitary District's system. 2) The second alternative would pump treated wastewater west over the Dublin Grade to the edge of the Bay, where it would connect to the existing East Bay Discharger's Authority (EBDA) and then to EBDA's existing outfall into San Francisco Bay. 3) The third alternative is the same as Alternative 2 except that it would have its own outfall to San Francisco Bay. A fourth alternative is the "no project" alternative. Mr. Whitley advised that no decision has been made to go with any one of the alternatives. TWA is, however, working very closely and confidently with representatives of Central Contra Costa Sanitary District to outline a possible business relationship between the 2 agencies. Their intention is that the EIR be certified as being complete and it can then be used for the decision making process. Mr. Whitley discussed the capacity allocation and how the limitations within the TWA project might be handled. The arrangement with Central San is that they have offered that up to 40 million gallons a day of peak wastewater flow can be conveyed through their system. It has been projected in the EIR that at the ultimate build-out of prospective general plans for all of the cities in the County's area, that over 200 million gallons a day would be generated. A question of how a capacity of 40 MGD would be split between member agencies would have to be determined by the member agencies of TWA,'DSRSD serving Dublin. TWA adopted a resolution at their meeting last week Which addressed how capacity would be distributed among the member agencies. As long as the figure is less than 26.1 MGD of capacity as identified in the EIR, the problem is relatively simple. If it adds up to more than 26.1, they will attempt to work out discrepancies at a staff level. If they are unable to work it out, it would then be referred to the Board of Directors. The resolution outlines four triggering events as to when the member agencies must take some actions. The first is that if there would be an overflow event in.the member agency's jurisdiction, there would be an overflow event within the District's jurisdiction. This being the case, the District would have to build additional facilities. The second would be if there is an overflow event in another jurisdiction, but that the District was at 75% of its existing dry weather flow capacity. In that case, both agencies would have to build additional facilities. The third would be that the District would be at 75% of its capacity and TWA's total capacity would be at 50%. The fourth would be that the District would be at 75% of its capacity and the peak flow through TWA's system exceeds 30 MGD. The 75% criteria comes from what is required by the Regional Water Quality Control Board for the planning and expansion of wastewater facilities for ~treatment and eventual disposal into the receiving waters. · · · · · · · · · · · · · [] · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 72 Regular Meeting February 24, 1992 Mr. Whitley discussed a final point of decision making related to financing. First of all they must plan for phased construction to match the needs of the communities. They will defer debt until it's absolutely necessary. They don't wish to go into debt until such time as a project is approved and ready to go. Mr. Whitley stated TWA recognizes the primacy of the City and County as far as the General Plan process. Their objective is to serve the needs of the member agencies and to serve the needs of the General Plans. Dublin's anticipated capacity needs for the east and west Dublin planning areas need to be transmitted through correspondence with DSRSD. In a couple of months, they will be going through a formal capacity allocation process. Mr. Whitley stated that even though TWA's program does have limitations as to peak hydraulic flows to leave the Valley, it is workable. It will require planning for future facilities which are typically not included in the land use planning process. Items such as wetwater storage reservoirs, recycling, and flow reduction measures need to be incorporated in the future land use plans. Cm. Jeffery asked for a clarification about whether or not storage facilities would be underground. Mr. Whitley stated they would be predominantly underground. The design criteria would be left up to the member agency for other types of basins and storage reservoirs which would be upstream and in local jurisdictions. An underground facility does add costs. Mr. Figuers asked him to discuss the anticipated costs of the system. Mr. Whitley advised that the preferred alternative with Central San and for the end Valley facilities of TWA alone is about $43 million. This excludes all future costs from Central San and local costs for conveyance and storage, recycling, whatever is necessary to reduce peak flows. A total cost is not known at this time. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to send a letter expressing City Council support of the development of expanded sewer capacity to Dublin's planning areas. ADDITION OF ITEM TO AGENDA (410-40) On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council added an item to the New Business section of the agenda related to Parcel Map 6097. CM - VOL 11 - 73 Regular Meeting February 24, 1992 CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of February 10, 1992; Received a monthly status report on the existing non-conforming signs identified on the Non-Conforming Sign Summary List (400-30); Adopted and RESOLUTION NO. 16 - 92 APPROVING FINAL MAP TRACT 5616 BRIGHTON MEADOWS (410-50) RESOLUTION NO. 17 - 92 ACCEPTING PARKLAND IN-LIEU FEE TRACT 5616 BRIGHTON MEADOWS Received a Financial Report for the month of December, 1991 (330-50); Received a Financial Report for the month of January, 1992 (330-50.); Referring to the Police Services Annual Report, Cm. Burton had questions related to Patrol Officers initiating more contacts with suspicious persons. He was concerned about how and the manner in which these contacts were made. Chief Rose explained that we now have an automated system in place, so there is actually a better means of gathering the data. The time and place or location of events can't really be defined. Mayor Snyder stated he thought this was more the officer's discretion. Chief Rose stated there had been no sign of complaints. Received Dublin Police Services 1991 Calendar Year Report (580-60); AdoPted RESOLUTION NO. 18 - 92 APPROVING AN AMENDMENT TO THE ALAMEDA COUNTY SOLID WASTE MANAGEMENT PLAN (CONTRA COSTA COUNTY IMPORTATION TO ALTAMONT LANDFILL) (810-50) Received a report on the status of legislation with regard to Tri- Valley Affordable Housing (430-80); Approved Warrant Register in the amount of $497,940.05 (300-40); CM - VOL 11 - 74 Regular Meeting February 24, 1992 Cm. Jeffery questioned if Staff had asked for help from Federal Legislators on the Census issue. Mr. Ambrose advised that Staff had numerous actions of correspondence and followed their required procedures. Some inroads were made, but not as much as was hoped for. Cm. Jeffery stated she felt Dublin should not take this lying down. We should accept the report but send letters to our federal legislators. We need to scream about this loud enough that the census becomes an accurate document that we can use. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council received a report on the accuracy of the 1990 Census (420-60) and directed Staff to send a letter to federal legislators. PUBLIC HEARING - REQUEST FOR STOP SIGN & CROSSWALK INSTALLATION ON LANCASTER ROAD @ ANN ARBOR WAY (590-40) Mayor Snyder opened the public hearing. Carl Springer with TJKM presented the Staff Report and advised a letter and petition had been received from Ms. Rose Deming, requesting that the City consider installing stop signs and a crosswalk on Lancaster Road at the intersection of Ann Arbor Way. The Traffic Safety Committee subsequently studied the intersection, and Ms.~.Deming was advised that Staff recommended against the stop sign installation because the vehicular volume at this intersection falls far short of the minimum warrant. There have been no accidents at this intersection, and withl regard to visibility, Lancaster Road is a level street with clear visibility in both directions for well over the warrant of 160 feet. A speed survey revealed an 85th percentile speed of 22 mph westbound and 26 mph eastbound. Ninety percent of the vehicles recorded were traveling under 25 mph. As pointed out in the Staff Report stop signs are not an effective means of speed control A pedestrian or bicyclist, particularly a child, may feel falsely secure crossing the street at a stop intersection when, in fact, an oncoming vehicle may not come to a stop. Additionally, drivers who develop a habit of ignoring unwarranted stop signs may also ignore stop siqns that are warranted. Stop signs also add to the pollution problem by increasing the amount of gasoline used by cars in starting and stopping rapidly. Crosswalks exist within a block or two of the Lancaster Road/Ann Arbor Way intersection, and Staff recommended that children walking to either Frederiksen or Wells School utilize the existing crosswalks. Cm. Jeffery questioned if perhaps this could be one particUlar speeder in the neighborhood. CM - VOL 11 - 75 Regular Meeting February 24, 1992 Mr. Springer stated this could be the case, but their observations did not bear this out. Cm. Jeffery discussed the fact that our warrants are much less than those required by the State. The actual total comes up to only about 10% of our required level. Cm. Moffatt questioned if the..survey was made in just one day. Mr. Springer stated it was done during a typical weekday. Traffic counters are left out for the whole day. The devices can also measure vehicle speeds. Rose Deming stated than an Officer pointed out to her that Lancaster basically runs parallel to Amador Valley Boulevard and there's about 24 houses along that stretch. This is often a secondary route taken to avoid Amador Valley Boulevard. Kids have to go all the way down to the end of 24 houses to make the crosswalk. She advised that the situation is not just one speeder. Most everyone she asked signed the petition. She questioned if there needed to be 5 accidents occur before a stop sign can be put up. Dave Hanks stated he moved down here in January from TacOma, where people do stop at stop signs. It may be true that a lot of people don't stop at signs, The traffic counters were right in.front of his house and he thought the counts were done several months ago. He felt the issue was not so much kids during school hours, but cars going fast. It is mostly high school students with their music loud. Even though the report says that stop signs will not slow people down, he stated he has a hard time believing this. Ms. Deming mentioned the use of speed bumps and felt that stop signs would be preferable to speed bumps. Cm. Burton stated they did the right thing in presenting this for consideration, but they must understand that the City has a lot of experience with stop signs that don't work. A rule of thumb doesn't necessarily hold true. A lot of people-want stop signs. Ms. Deming turned in 3 letters from people who couldn't attend the meeting. She stated there are a lot of people behind her and she would not be satisfied if the City Council turns~down this request. It is an accident waiting to happen. Cm. Jeffery discusSed a situation where the City had put in 2 stop signs, both in areas that are near the high school. People are unable to back out of their driveways and many times, the stop signs are ignored. Someone backing out cannot count on an oncoming vehicle stopping at the sign. She stated she lives right next to a stop sign and the increase in noise is extremely annoying. Also, she pointed out that the speeders that are going to get caught will be the neighbors. This is what has happened in other areas, when we monitor · · · · · · · · I · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 76 Regular Meeting February 24, 1992 the signs. She questioned if there was a break between the houses on Ann Arbor Way where kids could cross instead of playing in the street. Kids must go to the corner anyway to get to the school. Mr. Hanks pointed out that this would necessitate them crossing 2 courts. Ms. Deming questioned if the money was a problem. Mayor Snyder explained that Staff must insert the costs in the report and advised that costs are not a problem. What must be considered is what is the safest route for children going to school. This is why crosswalks are placed where they are. The City and the School District jointly make these decisions. Mayor Snyder closed the public hearing. Cm. Moffatt felt that if the people perceive that there is a danger, it should be considered. Cmo Jeffery pointed out that the petition has a lot of names of people on it that live on Ann Arbor Way, but the problem is on Lancaster. Cm. Burton stated the perception is there, but the numbers aren't. Mayor Snyder stated he would rather see a surveillance situation. They will find that a stop sign is not the answer to the. problem. A greater prOblem is the false sense of security at crosswalks, and stop signs are not the way to watch out for our children. On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority vote, the Council granted the request to put in stop signs. Cm. Jeffery and Mayor Snyder voted against this motion. Cm. Jeffery suggested that Chief Rose assign an Officer to patrol this area. PUBLIC HEARING - DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT APPROVAL OF ENGINEER'S REPORT AND AWARD OF CONSTRUCTION BID (360-40) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this assessment district will partially finance the Dublin Boulevard Extension and will allow properties that benefit from improvements to be assessed a portion of the costs based on the benefit to those parcels. Costs that are not directly benefiting properties in the District will be contributed by ~he City of Dublin through a loan from BART, with the expectation tha~ these costs will be recovered through offsite fees and/or future assessment districts which include properties that benefit from the improvements. CM - VOL 11 - 77 Regular Meeting February 24, 1992 Mr. Thompson advised that construction bids were opened on February 13th, and of the 10 bids submitted, Les McDonald Construction submitted the low bid of $1,084,925.60. Mr. Thompson explained that the notable differences between the estimates of January 21st and currently are that the construction bid was approximately 35% below the Engineer's Estimate, and John Moore is dedicating the right-of-way on his Chabot Road parcel instead of including it in the District. The Assessment District spread, based on the revised Engineer's Report, is proposed to be: 1) B.J. Dublin Commercial (Moore's Tract 5900) 2) Vangelatos, et.al. (Chevron parcels) 3) Nohr (Curtiss Dodge) 4) Dublin Commercial II (Old U-Haul Parcel on Chabot Rd) 5) City of Dublin Contribution $1,898,672 236,549 144,990 69,789 2,861,826 $5,211,826 Mr. Thompson explained that this is the time and place set for property owners within the District to protest their inclusion in the District or the method of assessment spread. If the protests are overruled and the District goes forward, the participants in the District will have 30 days in which to pay their assessments or dedicate their right-of-way. If the property owners choose to do this, their assessments would be reduced accordingly and. they would save the cost of issuing and financing assessment bonds. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 19 - 92 APPROVING AMENDED ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT and RESOLUTION NO. 20 - 92 AUTHORIZING CHANGE ORDERS and RESOLUTION NO. 21 - 92 AWARDING CONTRACT TO LES MCDONALD CONSTRUCTION AT BID PRICE OF $1,084,925.60 CM - VOL 11 - 78 Regular Meeting February 24, 1992 PUBLIC HEARING - ORDINANCE AMENDING MUNICIPAL CODE SECTIONS RELATING TO RIGHT-OF-WAY DEDICATIONS AND IMPROVEMENTS (670-40) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that this item, which was introduced at the February 10th Council meeting, would enable the City to require dedication and/or improvement of right-of-way if a proposed project will result in an increase in traffic generation and/or affect public safety in connection with construction, reconstruction or remodeling. Mr. Thompson advised that on February 10th, the City Council adopted Resolution No. 14-92 which establishes guidelines for comparing "existing" traffic to "new" traffic. This Resolution will become effective upon the effective date of the proposed Ordinance. Mr. Thompson stated that as part of both the existing and proposed Ordinances, there is a provision for Staff to bring to the City Council cases for which Staff determines that the required dedication and improvements are in excess of that reasonably related to the level of the increased traffic. Staff will recommend the obligation be reduced based on the level of increased traffic. The Council may authorize the issuance of a building permit upon receipt of an agreement defining the reduction. This agreement may include provision for City participation in required right-of-way and improvements. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Jeffery, and. by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 4 - 92 AMENDING SECTIONS 7.72.020, 7.72.040 AND 7.72.080 OF THE DUBLIN MUNICIPAL CODE REGULATING RIGHTS-OF-WAY DEDICATION AND IMPROVEMENT PUBLIC HEARING HANSEN HILL RANCH PROJECT DEVELOPMENT AGREEMENT (600-60) Mayor Snyder opened the public hearing. Planning Director Tong advised that on February 10th, the City Council held a public hearing on the Hansen Hill Ranch Development Agreement and adopted a Negative Declaration for the project, waived the reading and introduced an Ordinance approving the Development Agreement. CM - VOL 11 - 79 Regular Meeting February 24, 1992 Mr. Tong advised that the Donald L. Bren Company, represented by Michael Toohey, is the developer of the 180 unit Hansen Hill Ranch project. The proposed contract would extend the project approval for 8 years. The Developer would provide the City with various items, including: $150,000 for affordable housing; park fees by April 1, 1992; public access to the Martin Canyon Creek area; and a gravel trail next to the creek. Dr. Harvey Scudder, 7409 Hansen Drive, stated he felt there should be some kind of a plan between the Planning Commission and City Council for the management of open space areas. It is a disgrace, the amount of rubbish up in this area. If it is opened up to the public, he was fearful that it will become a dumping ground. Mayor Snyder closed the public hearing. Cm. Moffatt questioned if the fire trail will be open for public access. Mr. Tong responded that it is for emergency vehicles only at this point, and could be used as a hiking trail. Mr. Ambrose advised that it could be used for emergency response and maintenance. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 5 - 92 APPROVING A DEVELOPMENT AGREEMENT FOR THE HANSEN HILL RANCH PROJECT PUBLIC HEARING MUNICIPAL CODE ORDINANCE AMENDMENT - MANAGEMENT AUDIT (420-20) Mayor Snyder opened the public hearing. Planning Director Tong advised that on February 10th, the City Council held a public hearing and adopted a Resolution approving the Negative Declaration, waived the reading and introduced an Ordinance amendment related to the Management Audit recommendations. The amendment relates to Planning Commission, Planning Director and Zoning Administrator authority, Administrative Conditional Use Permits, Conditional Use Permits, Parcel Maps, Signs, Site Development Review and establishing a new Zoning Clearance process. Cm. Moffatt questioned if a CUP permit normally has a time limit or if it is for an indefinite time. CM - VOL 11 - 80 Regular Meeting February 24, 1992 Mr. Tong advised that the direction that Staff received was that in normal cases, the CUP woUld be perpetual and indefinite. A standard condition Would be that if there was a violation of the conditions of approval, it would be subject to possible revocation of the permit. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 92 AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE AND ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMIT, ADMINISTRATIVE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PROCESS LIVERMORE AMADOR VALLEY MULTIPURPOSE ARTS CENTER STUDY (900-40) Assistant to the City Manager Texeira presented the Staff Report and advised that in October of 1989, the City of Dublin joined with the Cities of Pleasanton and Livermore and the South County Community College District to participate in a'valleywide performing arts center feasibility study committee. In December, representatives from each participating agency met with the chosen consulting firm, Grant Thornton International, to fine tune the proposal. The other 3 agencies have expressed approval of a modified proposal. The Committee requests a decision by the City of Dublin as to whether or not Dublin wishes to continue to participate in the study. Ms. Texeira explained that should the City of Dublin choose to discontinue participation in the study, the remaining agencies will work with the Consultant to scale down the proposal to meet the reduced budget of $60,000. If the City chooses to continue participation in the study, the City Council should consider approval of the proposal submitted by Grant Thornton and release the allocated funds ($20,000). It is estimated that the study will take approximately 90-120 days to complete, thus, most of the funds would likely be expended during Fiscal Year 1991-92. Cm. Jeffery advised that those who represented Dublin tried very hard to get some things put into the contract, but unfortunately, the way it is designed, it talks only to the non-users. She recommended that Dublin get out of the process at this point in time. She did not feel that they are concerned with a true needs assessment. The Dublin Fine Arts Foundation met and they took a strong position that we not participate in this. She, therefore, supported backing out at this time. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 81 Regular Meeting February 24, 1992 Mayor Snyder stated he agreed. In reading through the information, the consultant was willing to work with whatever amount of money that was available. We need something that is objective rather than subjective. Cm. Burton stated this seems like a study that will not be productive for us right now. We have some serious budget problems and he supported getting out. Cm. Jeffery stated she would like to see us do something artwise in the future. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Staff to notify the appropriate personnel that Dublin chooses not to participate further at this time on the Livermore Amador Valley Multi-Purpose Arts Center Study COmmittee. 1-680 RETAINING WALL AESTHETIC REVIEW (800-30) Public Works Director Thompson advised that several months ago, the City Council reviewed a Caltrans design for a soundwall along the west side of 1-680 from a point just south of Amador Valley Boulevard, north about 2,900 feet to the Valley Christian School playground. The Council reviewed and approved the proposed design, but requested that the westerly face of the retaining wall be colored and textured to complement the soundwall. Mr. Thompson advised that in response to the City's request, Caltrans is proposing to color the retaining wall concrete tan to match the majority of the soundwall and to place rubber form liners against the wall forms to give a simulated split-face block wall pattern, similar to the soundwall face. The finished structure would consist of the tan simulated block retaining wall to a height of 12', a 3' gray concrete vehicle barrier, and a patterned, colored soundwall up to 11' on top of the vehicle barrier. This treatment has been used by Caltrans along 1-680 in Alamo. The wall face will be the permanent freeway view from the backs of houses on Ironwood Drive & Court, Honey Court, and from the Lutheran Church of the Resurrection. Mr. Thompson passed out a photograph and shows slides. Cm. Burton confirmed that if we had not said anything, we would have gotten just a concrete wall. Mr. Thompson responded yes. Cm. Moffatt questioned the total height. Mr. Thompson advised that the whole thing together is about 14', plus 12', so it will be about 25' or 26' at the highest point. CM - VOL 11 - 82 Regular Meeting February 24, 1992 An unidentified member of the audience expressed concern that it will be built up above the creek and will turn into a big graffiti wall. It would probably have been better to.just put up a smooth wall and grow ivy on it. Mr. Thompson advised that it has been about 7 years since we first put up the soundwalls which are near the high school, and we have had only 2 minor problems with graffiti. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council approved the design and authorized the Mayor to send a letter informing Caltrans of the City Council's decision. TRI-VALLEY COMMUNITY TV CORPORATION PROPOSED PROCESS TO FILL VACANCY ON BOARD (1050-50) Assistant City Manager Rankin advised that the Cities of Dublin, Livermore, Pleasanton and San Ramon formed the Tri-Valley Community Television Corporation (CTV) as a non-profit entity to oversee community access programming. Claudia McCormick, the City's representative on the CTV Board of Directors has submitted a letter of resignation. Each City has 2 appointments to the Board- Councilmember Howard serves as the City's second appointment. In addition, the Board appoints 3 at-large positions. Recently, the Board appointed Radi Sodhi, a Dublin resident to fill one of the at- large positions. Mr. Rankin advised that Staff recently contacted Dublin residents who had expressed an interest and also advertised in local newspapers. One person thus far has advised that they are still interested. Staff suggested that additional advertising be done and that the City Council appoint a sub-committee to interview any interested applicants. The sub-committee would make a recommendation to the City Council at a future meeting. Cm. Jeffery requested that Claudia McCormick be sent a thank you letter for serving on this committee and also suggested that she be given one of the round City pins used for volunteer recognition. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council directed Staff to advertise the vacancy and appointed Cm. Howard and Cm. Jeffery to the City Council sub-committee to interview interested residents. · · · · · · · · · · · · · · · · · · · · · · · · · I · · · · · · · · · CM- VOL 11 - 83 Regular Meeting February 24, 1992 BASEBALL DIAMOND @ MURRAY SCHOOL (280-30) Recreation Director Lowart advised that funds were included in the 1991-92 Budget for the construction of a 90' practice baseball diamond at Murray School. The project was to be constructed utilizing volunteer labor from Dub%in Little League and the City was to provide the materials and project supervision. Funding of $19,100 was to come from the City's General Fund. In January, the City Council received a report which identified a potential deficit of $431,380 in the General Fund. Consequently, the 90' baseball diamond was included on a list of potential items which could be removed or deferred to a subsequent year. Ms. Lowart advised that Dublin Little League subsequently submitted construction plans and a cost estimate and has requested that the City reconsider the funding for this project. A breakdown of the cost estimate indicated $1,200 for Public Works assistance, $21,200.30 for improvements, and $1,759.70 for optional equipment, total project $24,160. Ms Lowart advised that the City will be receiving unanticipated in- lieu fees of about $21,000 from the Brighton Meadows project. Cm. Burton questioned what other projects would be eligible at this time for the $21,000. Ms. Lowart stated these fees have to be spent to benefit residents of that particular development. They could be used at the Dublin High School ball fields, at the Dublin Swim Center or the Dublin Sports Grounds. It is for park or school projects. Cm. Jeffery questioned if this is approved, would the recommendation be that the optional equipment be purchased by the Dublin Little League. Ms. Lowart responded that it would be appropriate for DLL to purchase the optional equipment. Mayor Snyder questioned how this fits into the priority list. Ms. Lowart advised that the Park & Recreation Commission looked at the list and reprioritized all the projects. This project was given a high priority. Mr. Ambrose pointed out that the City Council also ranked it high. Dale Skinner thanked the Public Works Department, the Park & Recreation Commission, Staff and the City Council for all the efforts to get this project up and running. Everyone has put a lot of effort into this project. Cm. Burton questioned if'the volunteers were still lined up. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 11 - 84 Regular Meeting February 24, 1992 Several of the volunteers were present in the audience and expressed their enthusiasm to get started. Ray Canada stated he was on the Board of DLL and advised that they really need this field this year. With the way the City is growing, this will just scratch the surface. Cm. Burton asked how they felt about the optional equipment purchase. Mr. Skinner stated he didn't feel this would be a problem. Cm. Burton stated it should be known that this project would not have been funded had the additional funding not come in at this time. Cm. Moffatt asked when the project would start. Mr. Skinner stated it will probably start as soon as he can get together with his staff. It will be done by summer. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council authorized this project to move forward with the exception that the optional equipment will not be purchased by the City. 1992-93 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (480-30) Senior Planner Carrington advised that the City has participated in the Alameda County Urban County Housing and Community Development Block Grant Program since 1982. In the current program year, CDBG funds totaling $46,803 were allocated to: 1) Minor Home Repair $8,797; 2) Dublin Senior Center renovation $9,225; 3) Dublin Housing Authority/Arroyo Vista playground equipment installation project $23,781; 4) KaleidOscope Activity Center $5,000. Mr. Carrington advised that the total allocation to the City for Fiscal Year 1992-93 is $49,138. Of that total, $9,308 must be spent on housing rehabilitation and the remainder may be used for Jurisdiction Improvement Projects. Staff recommended that applications be submitted for: 1) Minor Home Repair $9,308; and 2) Dublin Swim Center Improvements $39,830. In addition, Staff recommended that the City Council direct Staff to apply for an advance on Fiscal Year 1993-94 CDBG funds (and other funding periods as necessary) of $46,520. Mr. Carrington discussed the Dublin Swim Center Bathhouse improvements and requirements under the Americans With Disabilities Act. Mr. Carrington discussed Staff's recommendation related to denying the Kaleidoscope Activity Center's request for $5,000 in funding to put toWard purchase of the property on which the Center is located. Staff recommended denying this request because of the urgent need to renovate the Swim Center bathhouse and because of the availability of Other sources of funding for Kaleidoscope. · · · · · · · · · · · · · · · · · · · · · · · · · ~ · · · · · · · · · CM - VOL 11 - 85 Regular Meeting February 24, 1992 Mr. Carrington advised that applications must be submitted to County HCD by February 28, 1992. Cm. Jeffery felt that other cities might be asking for advances also. She asked if this would put us in a different situation where we would have to compete for the money. Mr. Carrington stated he was aware that FremOnt will be requesting $700,000. It could be that other cities may be asking for advances. Lane Bailey will be coming up with a procedure. Mr. Ambrose advised that the County makes the decision on who will get the money. Cm. Jeffery expressed concern that we might lose a lot of money if a lawsuit were to hit us on this. Mr. Ambrose explained that the ADA guidelines which have been prepared are not crystal clear. Cm. Burton questioned if we provide transportation for the disabled to optional facilities in Pleasanton, would this be considered providing equal opportunity. This seems to open up a whole area. Can we provide alternatives? Will this suffice? City Attorney Silver advised that it may. There are guidelines, but they don't address all situations. Mr. Rankin advised that Staff is currently looking at the regulations and we will need to look at all facilities owned by the City. Nothing has been done to the bathhouse to improve the restrooms for handicap access. Cm. Burton felt it might not be appropriate to use this money for this if there are alternatives available. Mr. Ambrose stated if you offer a program or facility you have to provide access to the handicapped to that program or facility. This is Staff's understanding based on the ADA workshops. Mayor Snyder pointed out that there is no requirement that everyone who goes to the Dublin Swim Center goes there to swim. We provide the facility and once the doors are open, everyone needs to be able to go there. Cm. Moffatt asked if the School District has any obligation to create a handicap program at the Swim Center. Mr. Ambrose advised that the DHS swim team swims there as part of the educational program. The facility is the City's. Ms. Lowart advised that it is our responsibility because we own the facility. CM - VOL 11 - 86 Regular Meeting February 24, 1992 Mike Huckins representing the Kaleidoscope Activity Center thanked the City for supporting and making their expansion happen. It took them 4 years to raise $130,000. They provide about 4,200 hours of services to Dublin youth. They are requesting assistance to provide a permanent home at 7425 Larkdale Avenue. After 10 years of building up their program, to not receive support would be terrible. He gave a history of their need to purchase the property. .The School District has presented a figure of $100,000, but now feel they need to go through an approval process. They do not have additional resources as is assumed by City Staff. They will also be experiencing state funding cutbacks. They raise about one-third of their annual program costs through fundraisers. It is dismaying that the City Staff is recommending that their request be denied. They are actually asking for $20,000 over a 2-year period. They need either CDBG funds now, or for the City to help them negotiate a long term lease with the School District. Cm. Jeffery discussed the School District's demands. She indicated she was not sure why he feels that the land will be pulled out from under them. Mr. Huckins stated if they don't purchase the property, they must negotiate a long-term lease. A bid request must appear in the newspaper and another groUp could see the ad, and because they are a non-profit group, they might not be able to compete with some of the other for profit agencies. An agency might want to buy it for a daycare center. Cm. Jeffery stated she is a very strong advocate of the Kaleidoscope ActivitY Center and she felt that it would not be that difficult to renegotiate a lease with the School District. She was sure that something could be worked out. Cm. Howard felt they should try negotiating first. If the School District has to put it on the market, it has to go to closed bid. her discussions with Stanley, she did not feel they will have any problems negotiating. In Cm. Moffatt questioned the length of their lease. Mr. Huckins stated it expired in the Summer of 1990 and since that time, they have been on a month-to-month basis. He stated they need the City's support. Cm. Burton stated he didn't like the City to have to balance the Swim Center with Kaleidoscope. He was willing to take some risks and provide alternatives for the Swim Center. Mr. Ambrose stated the Swim Center is a very expensive operation for the City. Cm. Jeffery felt that some of the things we will have to provide anyway. · · · · · · · · · · · · · · I · · · · · · · · · · · · · · · · [] · · · eM - VOL 11 - a? Regular Meeting February 24, 1992 Cm. Moffatt asked if we are going to borrow future monies, why not borrow money for Kaleidoscope. Cm. Jeffery felt that they have not shown a real need that they are being ousted. It could very well be that if it has to go to bid, they might lose it. She was sure the School District Board would want to discuss this first. On motion of Cm. Jeffery, seconded by Mayor Snyder, and by majority vote, the Council directed Staff to submit applications for $49,138 in CDBG funding for FY92-93 and for an advance of $46,520 for FY93-94 and other funding periods as necessary. Cm. Burton voted against this motion. APPROVAL OF PARCEL MAP 6097 (410-40) Mr. Thompson presented the Staff Report which was added to the agenda. The developer has, because of tax consequences, requested that the Parcel Map 6097 (Office Club) be approved at this meeting. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 22 - 92 APPROVING PARCEL MAP 6097 (OFFICE CLUB - DUBLIN COURT) OTHER BUSINESS Citizen/Organization of the year (610-50) Mr. Ambrose reminded everyone that the deadline for nominations for the Citizen or Organization of the Year was Friday, February 28th. Tri-Valley Joint Council Meeting (140-80) Mr. Ambrose advised that the City of Livermore will be hosting the next meeting of the Tri-Valley Joint Council on Thursday evening, February 27th beginning at 6:30 p.m., at the Emperor's Garden restaurant. * * * CM - VOL 11 - 88 Regular Meeting February 24, 1992 KKIQ Radio Station Open House (610-85) Mr. Ambrose advised that the City had received an invitation to attend the open house for KKIQ radio station on February 27th from 4:00 to 7:00 p.m. They apparently moved from Livermore to Stoneridge recently. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:40 p.m. ATTEST: CM - VOL 11 - 89 Regular Meeting February 24, 1992