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HomeMy WebLinkAboutItem 4.1 Approve 10-08-1990 Minutes (2) REGULAR MEETING - October 8, 1990 A regular meeting of the City Council of the City of Dublin was held on Monday, October 8, 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 32 p.m. , by Mayor Moffatt. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Vonheeder and Mayor Moffatt. ABSENT: Councilmember Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. Announcement Regarding Recent Death of Abe Okun Mayor Moffatt announced that the City was saddened and requested that everyone observe a moment of silence in memory of Planning Commissioner Abe Okun who passed away last week. * * * * INTRODUCTION OF NEW EMPLOYEE Recreation Director Lowart introduced new Recreation Coordinator Michelle Wierschem. Michelle was previously a part-time employee who worked with the aquatics program. She was the pool manager for 2 summers and also the teen program coordinator. The Council welcomed Michelle. * * * * PROCLAMATION - RED RIBBON WEEK (610-50) Mayor Moffatt read a proclamation declaring the week of October 21-28, 1990 as "National Red Ribbon Week" . October 24 , 1990 has been selected as "Wear Red Day" , and Mayor Moffatt pointed out that everyone is encouraged to wear as much red as possible. Activities are being sponsored during the week by the Dublin Substance Abuse Council. The proclamation was presented to Karen Seals, representing the DSAC. Ms. Seals thanked the Council for their help in making this possible. CM - VOL 9 - 268 Regular Meeting October 8, 1990 Cm. Vonheeder indicated she recently attended a "Challenge Days" presentation at the High School and advised that it was a great experience. * * * * REQUEST FOR CITY SUPPORT OF RED RIBBON WEEK CAMPAIGN (560-80) Recreation Director Lowart advised that Ms. Karen Seals with the Dublin Substance Abuse Council and Chairperson for the Red Ribbon Week Committee, has reported that the Red Ribbon campaign begins on October 18, 1990. The Committee is requesting that the City waive the processing fee and waive 2 weeks of sign display for local merchants to display posters and essays related to this campaign. The displays would occur between October 18th and November 1st. They also request that the City allow red ribbons to be placed on the medians and a banner across San Ramon Road and that the Dublin 4-H group be allowed to decorate the Sports Grounds with red ribbons. Ms. Lowart advised that displaying posters would not be considered business signage and would therefore need no waiver for 2 weeks display. City Manager Ambrose pointed out that the City cannot waive the fee for the banner due to the fact that the City Council policy is that this is a non-waiverable fee. This fee is $50. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote (Cm. Snyder absent) , the Council adopted RESOLUTION NO. 124 - 90 APPROVING THE REQUEST FOR CITY SUPPORT OF THE RED RIBBON WEER CAMPAIGN By a consensus of the Council, agreement was reached that the individual Councilmembers would share payment of the $50 banner installation fee. Ms. Seals thanked the City Council. * * * * Shannon Park Information Request Dave Burton commented that it appeared that the microphone system had been fixed in the Council Chambers. Mr. Burton requested that the City Council consider agendizing the Shannon Park situation for future discussion. There is a real concern related to what's going on. There is a pile of junk sitting on one of our main streets. The construction workers don't seem to be too interested in finishing the job. There is a health hazard, a truck with broken windows, and the fence is down. People are very upset about this and want some kind of resolution. A lot of money was recently spent to make the building CM - VOL 9 - 269 Regular Meeting October 8, 1990 more usable. A $250/day penalty is not much of an incentive for them to finish the project. The City is not doing a good job in getting this project done. There needs to be some answers. Public Works Director Thompson advised that after bids were opened on this project, the City entered into an agreement with A.V. &C. City Staff checked their background. They did a project for Pleasanton and are a bondable licensed contractor. We had no grounds to reject their bid. August 9th was the end of the contract. Since that time, we have assessed liquidated damages of about $15, 000. Ten to fifteen people are working every day at the site. They now plan to have the bulk of the project done by the end of this month. The City doesn't have grounds to kick them off the job. If they walked away from the project, the City would have to rebid it and this would take 2 to 3 months. City Attorney Silver advised that from a legal standpoint, the City has entered into a contract pursuant to the requirements of the code which says we must go to bid with contracts of this nature. The contract provides for liquidated damages if the contractor does not complete the project on time. We can assess liquidated damages, which we are doing, and we can monitor it closely, which we are doing. If they stop work, we can go to the surety company and collect on their bond. Mr. Burton questioned the junk pile and its potential damage to children, in addition to the abandoned truck and equipment. If there were residents who had this in their yard, they would be picked up under the City's anti-ugly law. Pictures were presented. Mr. Ambrose advised that the contract requires them to clean up construction debris on a regular basis. He drives by this site on a daily basis and our inspectors are on the site every day and are instructing the contractor to clean it up on a daily basis. Mr. Burton felt that people having to use Shannon Center under these circumstances must be quite upset. Cm. Jeffery corrected Mr. Burton and pointed out that Dublin does not have an anti-ugly law, but rather a Property Maintenance Ordinance. Mayor Moffatt clarified that there was no need to put this on a future agenda. * * * * CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote (Cm. Snyder absent) , the Council took the following actions: Approved Minutes of Regular Meeting of Regular Meeting of September 24 , 1990; CM - VOL 9 - 270 Regular Meeting October 8, 1990 Accepted the City Treasurer's Investment Report (320-30) for Period Ending September 30, 1990; Accepted the Financial Statements (330-50) for Period Ending September 30, 1990; Authorized the Recreation Director to attend the National Recreation and Park Association's National Executive Development School (710-20) being held in Albuquerque, New Mexico on December 4-9, 1990; Approved a rescheduled date of November 17 , 1990 for the Alamo Creek park dedication (920-60) ; Adopted RESOLUTION NO. 125 - 90 AWARDING CONTRACT 90-8 (600-30) DRAINAGE INLET GRATE REPLACEMENT PROGRAM TO P AND F CONSTRUCTION ($35,450) and authorized the Mayor to execute the agreement; Adopted RESOLUTION NO. 126 - 90 APPROVING PROGRAM SUPPLEMENT NO. 5 TO LOCAL AGENCY-STATE AGREEMENT NO. 04-5432 FOR FEDERAL AID PROJECTS AND AUTHORIZING EXECUTION OF THE AGREEMENT (600-50) Approved City participation in the Chamber of Commerce Community Map (150-30) and authorized a budget transfer of $400 from the Contingent Reserve to the City Council Community Promotion Account; Authorized Staff to advertise Contract 90-1 San Ramon Road Improvements Phase IV (600-30) for bids; Adopted RESOLUTION NO. 127 - 90 APPROVING AN AGREEMENT FOR THE EXCHANGE OF CITY OF FOSTER CITY FEDERAL AID URBAN (FAU) FUNDS FOR CITY OF DUBLIN GENERAL FUNDS (600-40) and authorized the Mayor to execute the agreement; Approved Warrant Register in the amount of $495, 631. 23 . * * * * Janitorial Services (600-30) Mr. Carlos Soares with Golden Gate Janitorial advised that he wished to speak related to the award of the Janitorial Agreement. CM - VOL 9 - 271 Regular Meeting October 8, 1990 Public Works Director Thompson advised that Staff also wished to pull this item from the Consent Calendar and to have it placed under Unfinished Business. New information had come to light earlier in the day which would negate Staff's recommendation with regard to awarding the bid to Sir Thomas Industries. Mr. Thompson advised that Sir Thomas Industries called to advise that they just got a much larger project and will be unable to accept Dublin's contract. Mr. Thompson stated that at this point Staff would recommend that all bids be rejected and that the janitorial services contract be rebid. Staff also recommended reducing the performance bond requirement and adding a 10% bid bond. In order to add this to the agenda the Council will need a 4/5 vote. Mr. Soares stated he received the addendum and it did not affect his bid in any way. This was his first experience with bidding for the City of Dublin and he did not look at the paperwork as carefully as he should have. All he had to do was write that he had received the addendum and the contract would have been his. He has no problem getting a performance bond or any of the other requirements. Mayor Moffatt stated that the Engineer is recommending that the contract be rebid. He questioned if Mr. Soares would be agreeable with this. Mr. Soares stated this would be fine. He stated he didn't want to get disqualified for something that he just forgot to say he received. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote (Cm. Snyder absent) , the Council voted to place this item on the agenda because of information that came to light today that the 4th lowest bidder was unable to accept the bid. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Snyder absent) , the Council rejected all bids and authorized Staff to rebid the janitorial services contract. * * * * PARK AND RECREATION FACILITIES MASTER PLAN (920-30) Recreation Director Lowart advised that one of the components of the development of a Park and Recreation Facilities Master Plan is the creation of an Advisory Steering Committee to provide input on needs with regard to park and recreation facilities. The members of the Steering Committee would be responsible for updating their respective boards/organizations throughout the master plan process. A suggested composition was: City Councilmember, Park & Recreation Commissioner, Planning Commissioner, School District Representative, Special Interest Groups (such as Sports, Arts & Seniors) , Student, City Staff. CM - VOL 9 - 272 Regular Meeting October 8, 1990 Ms. Lowart stated that the first meeting would tentatively be held in late October at which time the Committee would participate in a vision-sharing workshop to discuss perceived goals, requirements, use patterns and perceived needs. Ms. Lowart advised that once the Committee is created and a Councilmember appointed, Staff would then solicit participation from the organizations listed and arrange for the first meeting. Cm. Jeffery stated she would move for approval of Staff recommendation and wished to include Cm. Vonheeder as the Council representative. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Snyder absent) , the Council approved the creation of the Advisory Steering Committee and appointed Cm. Vonheeder as the Council representative. Mayor Moffatt indicated he would be happy to serve as the alternate. * * * Or SILVERGATE DRIVE TRAFFIC STUDY (590-80) Chris Kinzel advised that in accordance with Council direction to explore possible solutions to the speeding problems on Silvergate Drive, TJKM had prepared a report. Silvergate Drive's primary purpose is to provide access to Dublin Boulevard and to San Ramon Road for residents of a number of existing and future housing development. Single family homes front on Silvergate Drive, creating numerous driveways and a high demand for on-street parking. Between Hansen Drive and Creekside Drive, there are only 3 driveways which enter Silvergate Drive. Existing average daily traffic ranges from 6, 200 vehicles per day between San Ramon Road and Peppertree to 2 , 600 vpd north of Dublin Boulevard. Traffic volume projections prepared for the West Dublin Planning Area indicate potential volumes of up to 8 , 800 vpd west of San Ramon Road and 4 , 300 to 6, 500 vpd on other sections of Silvergate Drive. Most of the street has no raised curb medians. There are stop signs at 3 intersections. Speeds tend to be higher than the posted 25 mph. The 85th percentile speed ranges from 33 to 40 mph. Various traffic control devices were investigated in an attempt to reduce the speeding problem, including stop signs; speed humps; roadway geometrics; and reconfiguring the intersection at Dublin Boulevard. The Silvergate Drive/Dublin Boulevard intersection has been approved to be reconfigured into a standard "T" intersection as part of the impacts from the Hansen Ranch and Donlon projects. This proposed new design .will help slow speeds on Silvergate Drive in the immediate vicinity of this intersection. CM - VOL 9 - 273 Regular Meeting October 8, 1990 The project cost is proposed to be paid for by the developers of the Hansen Ranch and Donlon projects as mitigation for increased traffic and therefore, will not take place until development has occurred. It is possible that the City could front the cost of this improvement and recover the cost as development takes place. With regard to cost factors, the total median area proposed to be constructed in the conceptual plan is approximately 60, 000 sq ft, with a cost of approximately $750, 000. By eliminating the wide landscaped median in the area between Creekside Drive and Hansen Drive, the total median area to be developed would be about 38 , 000 sq ft, and the cost could be reduced to about $500, 000 without compromising the improvement for the majority of the street with directly fronting homes. A speed enforcement alternative was discussed. Over the past year, a total of 269 speeding citations were issued on Silvergate Drive. TJKM recommended the use of digital readout boards to educate drivers about speeding tendencies. Because of limited police patrol personnel, Police Services has been unable to dedicate one officer's time to operating a board. The cost for a special radar trailer and associated equipment would be approximately $6, 700 to $7, 400. Other options reviewed by TJKM included stop signs being placed at Castilian Road and at Betlen Drive (not recommended by TJKM based on volume warrants) . If the Council wishes to pursue the stop sign options, Staff would prepare a resolution and schedule a public hearing for the October 29th Council meeting. In summary, given the large cost of the conceptual frontage road plan, coupled with the drawbacks of limited access for the residents and the lack of guarantee that speeds would be reduced, Staff did not recommend that the median/frontage road plan be pursued at this time, but that the 2 stop signs be scheduled for a public hearing and that the Council direct Staff to include the Silvergate Drive/Dublin Boulevard "T" intersection into the preliminary 5-Year Capital Improvement Program update for 1991-92 as a developer-reimbursed project. Cm. Jeffery questioned if the radar screen which shows speed traveled could be rigged so that it takes a photo of the speeders. Mr. Kinzel thought the answer was no. This is just a large digital readout and not the photo type equipment. Mr. Ambrose advised that the primary purpose of the meter board is to get the drivers attention that they are exceeding the speed limit. Cm. Jeffery clarified that she was not suggesting this, but merely inquiring. Mayor Moffatt asked if this is a movable board which could be utilized anywhere in the City. CM - VOL 9 - 274 Regular Meeting October 8, 1990 Mr. Kinzel stated he understood that an officer must now be there with the equipment. If it is on a trailer, the officer could move and work somewhere else. Cm. Hegarty felt that people pay more attention if an officer is present. The people up there actually wanted a couple of stop signs and more police enforcement. The number of vehicles was discussed and Cm. Hegarty stated he had never seen the traffic backed up very much. Coming west on Dublin up the hill is very dangerous because of the sun in the evening. He felt, however, that this was a very expensive proposal. Cm. Vonheeder questioned if Staff knew how many of the 269 citations were challenged. Mr. Thompson advised that Staff did not have this information, but generally the police do not issue tickets unless people are going over 40 mph. Cm. Vonheeder felt that the Dublin Boulevard/Silvergate Drive intersection is indeed very dangerous. She indicated she was in favor of prefunding the improvements to the intersection and then getting reimbursed when the development goes in. She would also recommend scheduling a public hearing for the stop signs. The intersection needs to have major realignment. Mayor Moffatt indicated that the reason for the current configuration is that when you come up the hill, you can't see over it. Mr. Kinzel advised that in the proposed configuration, this issue would be resolved as it would turn into a "T" intersection. Dublin Boulevard would be slightly widened to the south. Mayor Moffatt asked if it would be built up. Mr. Kinzel advised that final designs have not yet been done. Cm. Jeffery felt that a lot of people who got citations probably live in the Silvergate area. She liked the idea of the reader board. If we ever have a problem area, this is a very visible reminder that people must comply with the speed limit. Mayor Moffatt indicated that Pleasanton has one and asked if there was a way that we could perhaps rent it for a few days. Cm. Vonheeder stated that Dublin has one, but it is mounted in a patrol car. All we need is the trailer. Cm. Jeffery expressed concern that if the Council included all these changes in next years budget, they might have to bump something from the CIP. Mr. Ambrose stated that remains to be seen. The City has conditions of approval with both Hansen Hill Ranch and Blaylock, Gleason & CM - VOL 9 - 275 Regular Meeting October 8, 1990 Fletcher agreements. Between now and next year, we might be able to get them to move ahead. Cm. Vonheeder stated that it would basically be a loan. Cm. Hegarty felt that they might not develop up there for sometime. He was not in favor of spending our money, particularly when no one seems too interested in turning the soil now because the market is soft. While he recognized the problems, he felt we should put in the stop signs and have the police provide more enforcement. Cm. Vonheeder stated this does not improve a very dangerous intersection. Her daughter's friend's fiance was killed there several years ago. Cm. Hegarty pointed out that improvements have been made since that time. He questioned how much it would cost for the ultimate improvement. Mr. Kinzel advised that about $225, 000 would be required to improve the intersection. Mr. Thompson clarified that we won't be widening Dublin Boulevard; we will actually be narrowing Silvergate Drive. The reasons for the curved alignment were discussed. As Hansen Hill and Donlan get developed, there will be much more traffic. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Snyder absent) , the Council directed Staff to prepare a resolution and schedule a public hearing regarding installation of stop signs on Silvergate Drive at Betlen Drive and at Castilian Road. The Council also authorized a budget transfer of $7, 500 from the contingent reserve to purchase a trailer for the reader board. The Council directed Staff to do a 6 month reassessment and evaluate for effectiveness. Zev Kahn stated he was concerned that the impacts of Amarillo Road were not discussed in the Staff Report. Nielsen School generates a good deal of the car volume per day. He felt there should also be a stop sign at this intersection as people pick up speed coming down the hill. Plus, a family on the north side of the intersection have a large RV which prohibits vision. Children use a crosswalk at this location also. He requested that the Council consider not placing a stop sign at Castilian, but place one instead at Amarillo. Mayor Moffatt stated that the motion was to schedule a public hearing to discuss placement of stop signs. Mr. Thompson stated that Staff could look at this location. The crossing guard situation would also have to be reviewed. Mr. Kinzel advised that they had looked at this intersection in the past. When this location was last discussed, it was decided not to place stop signs there. There may be, however, more problems at this CM - VOL 9 - 276 Regular Meeting October 8, 1990 location than at Castilian. The points brought up are good ones, and Mr. Kinzel stated they would be happy to research this. Both are "T" intersections and they are about 50 yards apart. * * * * WEST DUBLIN STUDY SESSION SCHEDULE ON PHASE II SKETCH PLAN ALTERNATIVES (420-30) Planning Consultant Gillarde advised that the West Dublin General Plan Amendment/Specific Plan/EIR Study is now at the end of Phase II - Sketch Plan Alternatives. According to the workscope, a report is to be published and a joint Planning Commission/City Council study session held to discuss the results of this phase. The study session is an opportunity for public input into the planning process. Cm. Jeffery advised that neither she nor Cm. Snyder could attend on the 28th of November. By a consensus, the Council selected the date of Tuesday, November 27, 1990 for the joint study session. The meeting will be held in the Council Chambers and begin at 7 : 00 p.m. * * * * MEASURE D ALAMEDA COUNTY WASTE REDUCTION & RECYCLING INITIATIVE (660-30) Assistant City Manager Rankin advised that Measure D which will appear on the November ballot restates the requirements in State Law which mandate cities to achieve a 25% reduction of waste disposed of at landfills by January 1, 1995, and also requires a 50% reduction by January 1, 2000. In addition, Measure D would require the Recycling Board to establish by January 1, 1999 a date by which the amount of solid waste landfill is reduced by 75%. Mr. Rankin advised that the Recycling Board is appointed by the Board of Supervisors and consists of 11 members. The initiative allows the Board to operate as a subsidiary of the Waste Management Authority, provided the Authority concurs. Otherwise, the Board is to operate as a separate entity within the structure of County Government. This Board will have discretionary control over millions of dollars generated from garbage rate payers in Alameda County. The initiative requires development of a plan within one year to establish recycling programs necessary to meet the required goals. An audit would be required to determine compliance with the plan adopted pursuant to the initiative. The audit would include an evaluation of recycling programs regardless of whether or not they were funded by Measure D. This requirement subjects programs to the review of the Recycling Board regardless of how they are funded. CM - VOL 9 - 277 Regular Meeting October 8, 1990 A $6 per ton fee would be mandatory on all refuse accepted at a landfill or incinerator within Alameda County. Based on current estimates, it is anticipated that this surcharge would generate $12 million. The investment criteria differs from what is typically addressed with public monies. The California Government Code restricts the types of public agency investments. Mr. Rankin estimated that Dublin rate payers would pay more than is returned to the City during a 10 year period. A formula provides for reduced funding after 27 months and the City would need to increase garbage rates in order to replace the funding. Mr. Rankin discussed in detail various aspects of the Staff Report related to municipal garbage rates and source reduction and recycling programs. In summary, Mr. Rankin stated that overall, AB 939 involves a complex process to address solid waste management. The State recently released revised regulations for implementing the Act. The addition of an additional County process will further complicate waste management issues. Cm. Jeffery advised that while Cm. Snyder was out of town, she participated in the Solid Waste Management discussion and helped to write the ballot argument and rebuttal on this measure. There is no real accountability on this board. The majority of the board are not elected officials. They are repeating a lot of things that are already being done by the Solid Waste Management Authority and they are asking for $12 million for something that is already being done. We have no way of making them accountable for their decisions. Cm. Jeffery stated she was strongly opposed to this. Ms. Ruth Abbe, Chair of the Steering Committee of the Alameda County Recycling Initiative stated she wished to respond to several points mentioned. She is from the City of Alameda and they have members on the committee who are from Oakland, Hayward and unfortunately, none from Dublin. With regard to the duplication issue, Bill Fraley, secretary of the Waste Management Authority has stated publicly that the WMA as a body is responsible for planning and not for implementation. The recycling initiative would provide monies for implementation of recycling programs. Counties and cities must come up with source reduction recycling plans and there are very stiff penalties for not coming up with those plans. AB939 is the California Integrated Waste Management Act and they wrote the recycling initiative to complement AB939 . With regard to the County Counsel's argument related to a conflict, Ms. Abbe stated that this is the County Counsel's opinion. She explained the reasons that they feel there is no conflict between their initiative and State Law. Their initiative is very popular and they anticipate a victory countywide on November 6th. Over one thousand people signed their petitions which were presented at the Lucky Store site within a one week period of time. People want recycling, and she felt that people want this recycling initiative. CM - VOL 9 - 278 Regular Meeting October 8, 1990 Cm. Jeffery indicated that it should be made very clear that the Solid Waste Management Authority is not against recycling, nor is the City of Dublin. This is evidenced by Dublin's new recycling program. Dublin residents will be charged double. Cm. Jeffery questioned the scaling down of dollars coming back to the cities to provide programs. Who will do the implementing of the programs? Ms. Abbe stated that Dublin is fortunate in that it represents about 2% of the County's population, but generates less than 2% of the waste. As primarily a residential community, there is not a lot of waste generating industry and they are at an advantage with regard to the surcharge placed on tonnage going to the landfill. Monies from the recycling fund is distributed on a per-capita basis. Dublin benefits in this way. Ms. Abbey discussed the import fee from San Francisco. Once the existing contract expires, any imported garbage will be subject to a surcharge. Ms. Abbe felt that curbside recycling is important as a first step. The ultimate goal of the recycling board will be to work its way out of existence. Cm. Hegarty questioned what assurances there were that this new board has the experience, knowledge and background to implement this. Ms. Abbe explained the make up of the board. People will be appointed by the Board of Supervisors according to specialties in recycling and source reduction. Cm. Jeffery stated that the community has already agreed to implement these programs. Basically, what Dublin will be doing is subsidizing the rest of the county's programs. How do we gain accountability for the dollars and decisions of this board when the majority are not elected officials? Ms. Abbe pointed out that no members of the Waste Management Authority are elected to their positions, but rather they are appointed by the Board of Supervisors. Cm. Jeffery advised that they are all elected officials, however. Mr. Rankin clarified that the requirement to implement programs does not lie with the recycling board but rather with the City. Fines can be levied against the City. Staff estimates that this would increase rates about $ . 55 per household and this amount would not cover the costs of a curbside recycling program. Cm. Jeffery stated that everyone in Dublin has demonstrated a commitment to recycling and to cleaning up the environment. She did not feel that we should be subject to the whims of this recycling board, but rather should follow our own program and continue to work toward implementing the state mandated programs. CM - VOL 9 - 279 Regular Meeting October 8, 1990 Cm. Vonheeder stated she felt there was absolutely nothing wrong with the concept, however, with AB939, we've already instituted a recycling program at a cost of $1. 25 per month to Dublin residents. There has been a tremendous response. It's not fair to have to raise the rates again when Dublin residents won't see any immediate benefit. She indicated she had a real problem with the way the board is constructed. We have not been served well by County committees that are appointed by the Board of Supervisors. They seem to ignore what happens out here. Once an agency gets entrenched, it would be very difficult to remove it through the initiative process. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Snyder absent) , the Council agreed to oppose Measure D on the November ballot. * * * * EAST DUBLIN GENERAL PLAN AMENDMENT/SPECIFIC PLAN STUDY FORMAT, SCHEDULE AND FUNDING FOR WORKSHOPS (420-30) Planning Consultant Gillarde advised that on August 22 , 1990, the Council directed Staff to conduct a series of workshops on the East Dublin General Plan Amendment/Specific Plan Study. Staff prepared an outline of the workshops as well as estimated costs for conducting the workshops and related planning work. Ms. Gillarde explained that the City presently has an annexation agreement with the County which stipulates that all the County land be designated for business park. The County has indicated an interest in pursuing other land use options for their property. Unless the agreement is amended, the City is legally bound to designate the County property for business park. County Administrator Szaley submitted a letter to the City stating the County will be working with economic consultants to determine the preferred land uses for the Santa Rita property. The County requests a 4 to 6 month delay in the East Dublin studies to allow for completion of their economic and land use analyses. Staff felt it is extremely important to keep the East Dublin Study moving to ensure its timely completion, and recommended that a land use concept designate the County property as business park, per the annexation agreement. If the County decides they want something other than business park on their property and are willing to renegotiate the annexation agreement, the City at that time could consider options: 1) modify the East Dublin plan to provide something other than business park on the County property; or 2) continue with the study, adopt the East Dublin GPA/SP and then consider the County's request as an amendment to the City's General Plan and the East Dublin Specific Plan. In either case, the County will have to assume all costs for modifying the East Dublin land use map, specific plan and the GPA. Ms. Gillarde advised that a series of 4 informal workshops and 2 formal study sessions are contemplated. The first 2 workshops and follow up study session will focus on the General Plan land uses for CM - VOL 9 - 280 Regular Meeting October 8, 1990 East Dublin. Workshops 3 and 4 and study session 2 will focus on the detailed guidelines, standards and performance criteria for the specific plan. The workshops would be held in the Regional Meeting Room and would be approximately 3 hours long, beginning at 6: 30 p.m. Each workshop has a specific theme and purpose, and they build consecutively upon each other. Specific products will be created at the end of each workshop. Ms. Gillarde advised that Staff felt it would be desirable to retain a professional facilitator for the workshops and contacted Ms. Arlene Willits who has previously worked with the City Council, Planning Commission and Staff on a team building workshop. The preliminary estimate for retaining Ms. Willits for the 4 workshops is $3 , 000. In addition, the present contract with WRT does not include funds to conduct the workshops, nor does it contain funds for major revisions to the land use concept. WRT estimates that the additional time and materials would cost $66, 765, and includes costs associated with preparing a land use concept that reflects business park on the County's property. Up to this point, the East Dublin Study has been primarily funded by property owners and there have been 3 previous requests of property owners for additional funds. Staff felt that it would be appropriate for the City to provide the funding for additional consultant time to conduct the workshops and make revisions to the land use plan. The City can recover a little more than half of these costs. The workshops will also provide additional opportunities for public input. Bobbie Foscalina expressed concern that the costs are continually being driven up. She is a taxpayer and felt that that entitled her to attend meetings which have been closed to the public. The consultant wasted time and money by working on a plan that was contrary to the agreement the City of Dublin had with Alameda County. There should have been a market analysis done before Dublin even started this project. Since the County is one of the sponsoring property owners, and since she pays taxes, she protested this waste of taxpayer's money. The City is not concerned with whether existing Dublin residents even want this project. There is a good chance that existing services will be affected in a negative manner. She recommended that Dublin delay future planning of East Dublin area until the County has finished their market study. Cm. Jeffery advised that Wednesday evenings are not good for either herself or Cm. Snyder because of a conflict with the Dublin School meetings. Cm. Vonheeder stated the study has gone on for a long time. The way it proceeded was due to the non-cooperative efforts of the non- sponsoring property owners. If the City had totally funded it, it would have been completely open to the public, but since developers funded it, they have a right to prepare something for presentation to the City. Cm. Vonheeder stated she felt that no one can win with the comments Ms. Foscalina has been making. CM - VOL 9 - 281 Regular Meeting October 8, 1990 Ms. Foscalina stated she felt we should wait until the County does its study; otherwise we may have to redo it. Cm. Vonheeder reminded Ms. Foscalina that Dublin already has a contract with the County related to land use designation. Mr. Ambrose advised that the County representatives have, throughout the entire process, encouraged something other than business park use. The CAO then suddenly came up with the position that the City was requesting the change in the land use. The fact of the matter is, the County may come up with a study that shows that they can make more money and increase the amount of revenue that they take out of our community for their benefit, not to ours. The City has no obligation to change that agreement, however. It may not be beneficial for the City to agree to a change. Cm. Vonheeder pointed out that we are in a situation where we really can't wait. We need to provide ways for our business district to grow. We lose out on a lot of potential, because we don't have enough land to offer. Sales tax is a major part of our revenue and we have to get past the County governmental hurdle to provide for some expansion for our downtown. The County has held us up before, and they have not stood by what they agreed to. Mayor Moffatt advised that all the information gathered thus far will be presented at the workshops. We have to develop a road out there in order to proceed with BART's timeline also. City Attorney Silver advised that the General Plan Amendment process can be a very lengthy process. What is under study now is a significant amendment to the GP, if it occurs. The process requires that public hearings be held before the Planning Commission with recommendations made to the City Council. There is a 2-tiered process which must be followed. The law also requires that there be an opportunity for public involvement prior to the public hearing stage. We have not yet even gotten to the public hearing stage before the Planning Commission. There will be a lot of opportunity for public involvement. A CEQA report must be developed. No decisions have been made by anyone at this point. The County annexation agreement has not been changed, nor have they indicated that they will not agree to the terms of this agreement. An EIR must first be prepared. We're many months away from even the first public hearing. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Snyder absent) , the Council directed Staff to proceed with the East Dublin Study and to prepare a land use concept designating the County property as business park. The Council selected the dates of Thursday, November 15th and Thursday, December 6th beginning at 7 : 00 p.m. for the workshops, and Tuesday, December 18th for the joint study session. The Council directed Staff to retain the services of Arlene Willits as a facilitator. The Council appropriated $66,765 to cover costs of 4 workshops. CM - VOL 9 - 282 Regular Meeting October 8, 1990 The Council determined that the title for the study area would be discussed at the first workshop. * * * * OTHER BUSINESS Sister City Gift (140-50) Mayor Moffatt displayed a beautiful picture which was given to the City from Bridget Hannon, Chair of the Bray Urban Council. The picture was of Mount Usher in County Wicklow. Mayor Moffatt requested that Staff mount the picture for display somewhere in the Bray Room. Cm. Jeffery suggested that a brass plaque of some sort be placed below the picture giving all the relative information. * * * * School District Football Field Renovation (280-30) City Manager Ambrose advised that he had received a letter from Dublin School Superintendent Heinz Gewing inviting the City Council and Staff to a dedication of the newly renovated stadium. They have scheduled it to coincide with Dublin's Homecoming Game on October 26th. They are planning a short formal program and they want to recognize members of the City Council and Staff for the cooperative effort in putting this joint venture together. Mr. Ambrose stated we are still awaiting approval of the design of the new press box. The lights should be completed by the Homecoming Game. Cm. Vonheeder indicated that there had been some talk regarding the City Council and School District Board building a float and actually participating in the parade. She requested that the Council think about this as it would be fun. Last Friday night, the JV team caught the first kick off and ran it for a touchdown. Unfortunately, the Varsity team lost their game. Mr. Ambrose advised that at the last minute, the architect changed the size of the snack bar in order that it could be completed this season. Otherwise, it would be subject to review by the State Office of Architects. Mr. Ambrose stated that since this is the City's first experience with working on a joint project of this magnitude on School District property, perhaps the City should talk to our State Legislators regarding the requirement to utilize State Architectural Engineers instead of being able to use local Building Officials on joint projects of this nature. Cm. Jeffery suggested that we catalog some of the difficulties and write letters explaining these to the Legislators. They may then be able to look at ways we could avoid delays on future projects. * * * * CM - VOL 9 - 283 Regular Meeting October 8, 1990 State Budget Impacts (330-80) City Manager Ambrose indicated that Staff was close to being prepared to making a presentation to the Council regarding the State Budget impacts on the City. However, no decision has been made related to the two major impacts involving the County 1) diverting additional property tax from us in order to administer the County's property tax program and 2) the County establishing a booking fee for cities who book or do other processing of people arrested and/or detained in County facilities. We do not yet know what kind of costs they are going to pass on to us. The League of CA Cities is actively pursuing a program called "Operation Budget Freedom" . They will be requesting that individual Councilmembers and cities make a positive move toward contacting Legislators to let them know the kinds of impacts this is creating. State mandated programs are being funded on the backs of cities. They have not accepted funding responsibilities for programs which the State Legislature creates. Cm. Jeffery stated there are some counties that have already agreed not to implement these funds. Perhaps we should pressure Alameda County not to do it also. Cm. Vonheeder stated there is discussion regarding the legality of 2557 because it started in the wrong house and didn't go through the normal processes. Like Supervisor King's proposal, it came after the fact. Cm. Jeffery felt it is the principles of what has happened that are most important. Cities balance their budgets, and then the State dips into their pockets because it doesn't have the money. This is wrong. Mayor Moffatt questioned if there would be time to talk about this in 3 weeks at the next meeting. Cm. Jeffery advised that she had spoken out about this rather vocally. Cm. Vonheeder advised that the League also has a program going called "Operation Budget Independence" that looks at ways to resolve this ridiculous situation. The Council requested that this item be agendized for the October 29 , 1990 Council meeting. * * * * Census (420-60) Mr. Ambrose advised that we will be getting final results of the Census in mid-November. * * * * CM - VOL 9 - 284 Regular Meeting October 8, 1990 NLC Trip to Washington, D.C. (140-30) Cm. Jeffery advised that she would provide a report on her recent trip to Washington, D.C. She was given an assignment to talk to the area Chambers of Commerce, banks, and insurance companies with some specific questions regarding changes which we will eventually have to make in order to create a healthy fiscal policy for the United States. * * * , * Gift Pens (710-70) Cm. Vonheeder advised that the gift pen order had arrived. She indicated she would like the City Clerk to keep the inventory list on these pens and keep track of where they are going. They will be engraved prior to presentation. * * * * School District Facilities Scheduling Problems (280-10) Cm. Vonheeder stated there seems to be a problem with scheduling some of the facilities. She relayed a couple of instances where there was no keys available. There was no one at the High School yesterday to open up the Little Theatre for a function for which reservations were properly handled. As it turned out, the Little Theatre isn't even rentable; it's all torn up. Mr. Rankin reported that he had spoken with the Recreation Director related to this and was advised that all of the paperwork on our end went to the School District with a request for them to have the Custodian there. Cm. Vonheeder stated that it is the School District's understanding that it is a City person who will let them in on the weekends. Cm. Vonheeder also discussed a problem with getting into the locked equipment room at the Sports Grounds at an event in August. Mr. Ambrose stated he thought the 2 reported cases were isolated instances. These are the first complaints he has heard, but Mr. Ambrose stated he would check into this. * * * * NLC Voting Delegate Designation (140-30) Mayor Moffatt suggested that Cm. Jeffery be designated as the City's voting delegate since she will be attending the NLC Conference in Houston in December. The Council concurred. * * * * CM - VOL 9 - 285 Regular Meeting October 8, 1990 Environmentally Damaging Products (610-80) Mayor Moffatt advised that a Councilmember from the City of San Ramon has asked Dublin to consider banning chlorofluorocarbons. Because the request is coming from only 1 Councilmember, the Council decided to wait and see what action the City of San Ramon takes relative to this issue. * * * * League Conference Participation (140-20) City Attorney Silver advised that both she and Mike Nave will be giving speeches at the League of CA Cities Conference later this month. Mr. Nave will be speaking on the topic of condemnation during the Small Cities session and she will be speaking at an afternoon workshop on the topic of preserving fines and forfeitures revenues. Cm. Jeffery advised that she will be moderating a session related to the topic of annexations. * * * * CLOSED SESSION At 10: 17 p.m. , the Council recessed to a closed executive session to discuss Pending Litigation, PIM Electric, Inc. , v. Dickman-Nourse, City of Dublin et al. , Superior Court Case No. 663154-1, in accordance with Government Code Section 54956. 9 (a) . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m. * * * * Mayor ATTEST: City Clerk CM - VOL 9 - 286 Regular Meeting October 8, 1990