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HomeMy WebLinkAboutItem 4.1 Approve 02-26-1990 Minutes (2) i REGULAR MEETING - February 26, 1990 A regular meeting of the City Council of the City of Dublin was held on Monday, February 26, 1989, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 35 p.m. , by Mayor Paul Moffatt. * * * * ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. * * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * PROCLAMATION Mayor Moffatt read and presented a Proclamation to Ernest Ellis declaring March, 1990, as ARC MENTAL RETARDATION MONTH. The citizens of Dublin were urged to become aware of how they can assist the Association for Retarded Citizens in preventing mental retardation. * * * * CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of February 12, 1990; Authorized a transfer of funds in the amount of $6,765 to the Pool Renovation (Swim Center) Project from unallocated reserves; Authorized Staff to advertise Contract 90-04 Annual Street Overlay and Repair Program for bids; Accepted improvements under Contract 89-9 Dougherty Road Street Lighting and Various Knockdown Replacements and Dougherty Road Underground Utilities constructed by DJB Electric and by Rafanelli & Nahas and PG&E under the Dougherty Underground Utilities Capital Improvement Project and authorized final payment and retention in the amount of $3 , 259.90 to DJB Electric; Adopted RESOLUTION NO. 16 - 90 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS CM - VOL 9 - 42 Regular Meeting February 26, 1990 ---------------------------------------------------------------------- COPIES TO; ITEM NO. '� '� and authorized Staff to advertise for bids; Adopted RESOLUTION NO. 17 - 90 ESTABLISHING A DEPENDENT CARE PLAN Adopted RESOLUTION NO. 18 - 90 DECLARING SURPLUS PROPERTY (POLICE VEHICLES) and authorized the Finance Director to direct Nationwide to auction Dublin's police vehicles; . Authorized the City Manager to execute a Notice of Completion on the Civic Center Project and to enter into any agreement necessary to assure completion of the punch list items; Approved Warrant Register in the amount of $511, 679. 97. * * * * PUBLIC HEARING PROPOSED NO PARKING ZONE @ 6398 DOUGHERTY ROAD Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that in order to allow for two continuous southbound traffic lanes on Dougherty Road just south of the Southern Pacific Railroad right-of-way, parking must be prohibited in front of the businesses that occupy the building at 6398 Dougherty Road. This is the only portion of Dougherty Road that still has on- street parking. The proposed no parking zone would actually begin at the northerly boundary of the SP R-O-W. The frontage of 6398 Dougherty Road is approximately 550 feet. No comments were made by members of the public relative to this item. Mayor Moffatt closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 19 - 90 DESIGNATING A NO PARKING ZONE ON THE WEST SIDE OF DOUGHERTY ROAD * * * * CM - VOL 9 - 43 Regular Meeting February 26, 1990 REVIEW OF TRI-VALLEY TRANSPORTATION COUNCIL INITIAL REPORT Planning Director Tong advised that Staff had prepared several draft comments related to the Tri-Valley Transportation Council (TVTC) Initial Report, entitled "A Perspective on Tri-Valley Transportation" . The TVTC met on Thursday, February 8, 1990, and requested each member jurisdiction to consider a draft resolution adopting a TVTC Work Program. The resolution would also request/direct the Technical Advisory Committee to prepare a detailed report outlining ways to achieve the Work Program for future action by the TVTC. The draft resolution does not provide any funding to accomplish the Work Program. Specific requests for funding would need City Council approval. Mr. Tong advised that the Council may want to adopt a slightly amended work program than proposed to be more consistent with the Memorandum of Understanding. Suggested amendments were, "providing Council with suggestions, including those associated with funding and implementa- tion, on how current plans and policies might better address longer- range needs" and "review and suggestions regarding development and transportation policies in potential rail corridors, to ensure the highest degree of complementation. " The TAC met on February 16, 1990 and discussed the need to concentrate on consensus building and near term action as indicated as Priority #1 in the 1990 Work Program. The TAC is preparing a rough draft Request for Proposal (RFP) to address only the Priority #1 items as the first phase of the Work Program. The RFP will be reviewed by the TVTC, then presented to the City Council for approval. Cm. Vonheeder indicated she agreed with the changes in the wording of the draft resolution. Dublin is still the first Council to deal with this. This is not an official report, but only a gathering of information. The Technical Advisory Committee will record the specifics of the plan and it will then come before the City Council at a future date. Cm. Snyder asked what would happen to the suggested comments. Cm. Vonheeder stated they will most likely become an attachment to the report and a part of the information that goes to the consultant. Cm. Jeffery felt that if there are parts that need to be modified, we should indicate this and then let MTC refuse if they choose to, but we should at least try. Mayor Moffatt asked for clarification on the MOU, and also asked if it addressed the concept of TVTC resolving disputes between member jurisdictions. City Manager Ambrose advised that the MOU was adopted last year by all of the City Councils, and is just a forum for discussion of conflicts between jurisdictions regarding transportation issues. CM - VOL 9 - 44 Regular Meeting February 26, 1990 Cm. Vonheeder advised that the TVTC had never acted in that capacity thus far. They have been trying very hard to come up with a plan. Cm. Hegarty expressed concern related to possible future funding issues. Even though signing this doesn't commit us to anything right now, if we sign it, down road we will be pretty well locked in. Mr. Ambrose advised that the next step will be the RFP's and there will be some kind of request for funding at that time. Mayor Moffatt questioned if the funding would come from the General Fund. Cm. Vonheeder stated that all we are discussing at this time is paying for the initial study. Funding will be divided up equally among the 7 agencies. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council directed Staff to send the comments to the TVTC and approved the draft resolution with amendments. Staff was also directed to send a letter indicating that we would like MTC to revise the report to include our comments. * * * * EAST DUBLIN LAND USE ALTERNATIVES SCHEDULE FOR JOINT PLANNING COMMISSION/CITY COUNCIL STUDY SESSION Staff advised that a date needed to be selected for a joint study session on the three land use alternatives for the East Dublin Study Area. The alternatives will be presented by Consultants, Wallace, Roberts and Todd. No formal decisions or action on the project will be made by either the Planning Commission or Council at this meeting. The Planning Commission and City Council will hold public hearings before making any formal decisions on land uses for East Dublin. The Council selected the date of April 18, 1990 at 7: 00 p.m. for the joint study session. Staff advised that the meeting would be held in the Council Chambers. * * * * DUBLIN FINE ARTS PROPOSED PROJECTS Assistant City Manager Rankin advised that Staff recently met with the Dublin Fine Arts Executive Director to discuss their proposed future activities which consist of 2 projects. One is the concept of developing a "Sculpture Park", with the idea being to obtain large scale works of art on loan from artists. The Foundation has attempted to find ways of incorporating educational activities in their projects, and are exploring opportunities to work with schools and the possible development of a community symposium CM - VOL 9 - 45 Regular Meeting February 26, 1990 with the artist. The Foundation is preparing to submit grant applications for the Sculpture Park. Since the displays would be placed on City property, the City would need to approve any final project. DFA has received grant funds from the Alameda County Arts Commission and the Tri-Valley Community Fund for a project which is just getting underway involving a proposal submitted by Randy Hussong, a Bay Area artist. The project includes the Artist working with high school students to construct a temporary piece of art. A permanent record of the project will be recorded on video tape with the Foundation paying all costs associated with the development of the artwork. Mr. Rankin advised that in order for the City's liability coverage to be effective, the City must be the sole sponsor of special events. Cm. Jeffery questioned where they would actually construct this piece of art. Mr. Rankin indicated this had been discussed with Lynne Baer and they are currently just trying to organize the students. Cm. Jeffery indicated that someone had approached her regarding the possibility of using some of the expansion space at the Civic Center. City Manager Ambrose advised that we do not have enough information to know if this kind of space would work. When more precise information is obtained, Staff will work toward resolving this. Mayor Moffatt asked how long it would be displayed. Mr. Rankin advised that the understanding is that it would be for maybe a couple of weekends. Ron Nahas, President of DFA, indicated that these are a couple of exciting projects. The high school project is as a result of a competition. Their hope is to display it for more than a couple of weekends, however. Cm. Hegarty indicated he had recently attended a session at the League of California Cities Conference related to displaying public artwork. There are state laws which deal with this when cities accept artwork. He relayed an instance where the City of Walnut Creek had difficulty when they wanted to move something somewhere else. The laws protect the artist and he did not want the City to be put into a difficult situation. He questioned if Mr. Nahas was familiar with state laws related to this. Mr. Nahas indicated he was not familiar with the specifics, and they are just now looking into this aspect. They will apply for grant funding. There are limits to what the owner of a piece of art can do without permission of the artist. He indicated that he would request Ms. Baer to look into this. CM - VOL 9 - 46 Regular Meeting February 26, 1990 Mayor Moffatt questioned if DFA would foot the bill to bring it in, or if this would be a joint project. Mr. Nahas advised that their intention is to apply for grant money to cover the costs of setting it up. A base must be attached, and there will be insurance costs, etc. They cannot make an application until the City approves the concept. Mayor Moffatt asked if there had been any thought to having a citizens committee to help select the art. Cm. Jeffery reminded Mayor Moffatt that an advisory committee had already been appointed. Mr. Nahas advised that the advisory committee had visited other areas and made some excellent notes. They are currently formulating the kinds of programs they would like to see in the community. He stated he would be happy to forward notes of the meetings to the Council. Ray Grimes, Dublin resident, questioned how many of the Councilmembers had read the description of the temporary artwork. Newspapers recently had an article about it, and since taxpayer money is involved, he called the Alameda County Art Commission. They advised that $1, 000 has been contributed to this contraption. He stated he is protesting the fact that tax money is being used for this frivolous thing going into our City. He felt that Dublin will be a laughing stock to other cities. Mayor Moffatt stated he felt this will be more than a piece of frivolous artwork; it will be a learning experience for high school students. It will be a great hands-on experience. They will not be building something meant to withstand endless time. Cm. Jeffery advised that the money will not be taxpayer dollars. The money is a combination of grant monies to be used specifically for the arts. The mechanical and color aspects of the project will be a wonderful opportunity for participation by the students. Art is really a chance to see and appreciate different things, and she felt this would be a very nice project. Mr. Grimes stated he felt it was a ridiculous waste of taxpayer money. Cm. Jeffery reiterated that taxpayer money is not being used. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Snyder abstained) , the Council conceptually approved the Foundation's efforts to obtain grant funding for the development of a Sculpture Park on City property and approved the City sponsorship of the display of the sculpture to be created by Randy Hussong and Dublin High School Students and authorized Staff to approve the exact location at the Civic Center and dates of the event. * * * * CM - VOL 9 - 47 Regular Meeting February 26, 1990 DUBLIN ENVIRONMENTAL GUIDELINES Contract Planner Robert Schubert advised that on February 5, 1990, the Planning Commission recommended that the City Council adopt environmental guidelines which pertain to projects subject to the requirements of the California Environmental Quality Act (CEQA) . The guidelines contain provisions for 14 items which were discussed in the Staff Report and which reflect the 1989 statutory changes to CEQA which became effective January 1, 1990. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 20 - 90 ADOPTING THE DUBLIN ENVIRONMENTAL GUIDELINES * * * * OTHER BUSINESS Goals & Objectives Meeting City Manager Ambrose advised that the Council needed to reschedule its annual Goals & Objectives meeting. The Council selected the date of Tuesday, March 27, 1990, at 6:30 p.m. , in the Regional Meeting Room to hold this special meeting. * * * * Disaster Preparedness Plan - Tabletop Exercise City Manager Ambrose advised that the City held a tabletop exercise in the morning. City Staff learned a lot about what we are not prepared to do and will be making some changes in order to be more prepared. He anticipated having a follow-up exercise in about 6 months. * * * * Public Relations Cm. Snyder advised that he needed to bring up a very disturbing matter dealing with quotes made by Mayor Moffatt in the newspapers. Staff and the City has been identified as being an organization with hostile indifference toward businesses in Dublin. Cm. Snyder stated he did not feel that City Staff needed to be tagged with this type of representation. Mayor Moffatt stated he felt he was misquoted. He was quoting from Mr. Callahan's survey. CM - VOL 9 - 48 Regular Meeting February 26, 1990 Cm. Snyder questioned if Mayor Moffatt had advised the press that this was not his statement, but rather someone elses. He stated he certainly did not want Staff to feel that the City Council has this kind of a feeling. Mayor Moffatt indicated that if it was inferred that he said this, he would gladly apologize if Staff misunderstood his comments, and would ask the newspapers to correct the information. Mayor Moffatt relayed that his comments were that City Staff had been made "user friendly" . * * * * CLOSED SESSION At 8: 40 p.m. , the Council recessed to a closed executive session in accordance with Government Code Sections 54956.9 (a) & (c) and 54957.7 to discuss: 1) Potential Litigation; 2) City of Dublin vs. Alameda County (Sewer Rights) ; and 3) City of Dublin vs. Alameda County (Open Space Element) . * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10: 10 p.m. * * * * Mayor ATTEST: City Clerk * * * * CM - VOL 9 - 49 Regular Meeting February 26, 1990