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HomeMy WebLinkAboutItem 4.1 Approve 11-13-1990 Minutes (2) REGULAR MEETING - November 13, 1990 A regular meeting of the City Council of the City of Dublin was held on Tuesday, November 13 , 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 30 p.m. , by Mayor Moffatt. * * * * ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. ABSENT: None. * * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * INTRODUCTION OF NEW EMPLOYEE Recreation Director Lowart introduced Linda Thomas, the Recreation Department's new Clerk Typist/Receptionist. Linda began her employment with the City last week and will be working at the Shannon Community Center. The Council welcomed Linda aboard. * * * * 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 October 29 , 1990; (Cm. Snyder advised that the name of Mr. Val Halloway should be corrected to Hathoway on Page 288 and of a typographical error in Ms. Elizabeth Adolph's name on Page 290. ) Adopted RESOLUTION NO. 136 - 90 APPROVING PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT WITH STANDARD PACIFIC OF NORTHERN CALIFORNIA FOR TRACT 6052 TORREY PINES (600-30) Accepted the Investment Report for Period Ending October 31, 1990 (320-30) ; With regard to signs in the public right-of-way, reviewed Municipal Code Section 7 . 04 . 070 and Sign Ordinance Section 8-87 . 50 (S) and agreed CM - VOL 9 - 301 Regular Meeting November 13, 1990 1 . to retain the existing Ordinance sections and directed Staff to collect the cost of sign removals over $50 (610-20) ; Received the Summer, 1990, Recreation Report (950-30) ; Authorized the Mayor to execute an agreement with the Dublin Fine Arts Foundation related to a Donor Recognition Program (600-30) ; (Cm. Snyder abstained from voting on this item. ) Adopted RESOLUTION NO. 137 - 90 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES (700-20) and RESOLUTION NO. 138 - 90 ADOPTING A BENEFIT PLAN IN ACCORDANCE WITH THE PERSONNEL RULES (720-40) and RESOLUTION NO. 139 - 90 FIXING EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND RESCINDING RESOLUTION NO. 76-89 (720-40) and RESOLUTION NO. 140 - 90 ESTABLISHING A TRAVEL REIMBURSEMENT POLICY FOR EMPLOYEES AND OFFICERS OF THE CITY (100-60) and RESOLUTION NO. 141 - 90 ADOPTING PERSONNEL SYSTEM RULES (700-40) and RESOLUTION NO. 142 - 90 RESCINDING RESOLUTION NO. 21-90 AND ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS (700-10) Adopted RESOLUTION NO. 143 - 90 APPROVING AGREEMENT WITH WILSEY & HAM CIVIL ENGINEERS FOR DUBLIN BOULEVARD EXTENSION PLANS & SPECIFICATIONS (600-30) CM - VOL 9 - 302 Regular Meeting November 13, 1990 Received an informational report on National Flood Insurance Program (550-20) ; Authorized Staff to advertise Contract 90-11, Frederiksen School Kindergarten Tot Lot for bids (600-30) ; Received Finance Report for Period Ending October 31, 1990 (330-50) ; Approved Warrant Register in the amount of $182, 657 . 59. * * * * PUBLIC HEARING - STOP SIGNS PROPOSED ON SILVERGATE DRIVE @ BETLEN DRIVE AND @ CASTILIAN ROAD -OR- @ AMARILLO ROAD (590-40) Mayor Moffatt opened the public hearing. Traffic Engineer Kinzel advised that on October 8 , 1990, the City Council received a presentation regarding alternative means of slowing traffic on Silvergate Drive. Proposed solutions included stop signs at the Betlen Drive intersection and the Castilian Road intersection. The City Council directed Staff to set a public hearing to review the need for stop signs at Betlen Drive and at either Castilian Road or Amarillo Road. Mr. Kinzel advised that a previous study indicated that stop signs on Silvergate Drive @ Betlen Drive did not meet warrants. A study conducted of the Amarillo Road and Castilian Road intersections indicate that stop signs are warranted at Amarillo Road on the basis of traffic volume, but not at Castilian Road. Mr. Kinzel pointed out a concern that with the installation of stop signs, the warrants for the existing adult crossing guard at Amarillo Road would no longer be met. The warrants for crossing guards at controlled intersections specify 500 vehicles per hour during the period of time that children are going to school, but only 350 vehicles per hour at uncontrolled intersections. Staff did not recommend removing the crossing guard at this time. Mr. Kinzel advised that in response to a request made at the October 29th Council meeting, the Traffic Safety Committee is currently evaluating the traffic situation on Amarillo Road at Nielsen School and will be presenting a report at the November 26th meeting which addresses crossing guards and other control devices. After the study is complete, Staff will make a recommendation as to whether the existing crossing guard should be transferred to a location on Amarillo Road. Peter Baldo, 11667 Silvergate Drive, stated that he is an elementary school teacher in Castro Valley. He lives near Nielsen School, and expressed concern related to the number and safety of children in the area. He has lived there for 3 years and has watched a number of animals get slaughtered. He felt it was only a matter of time before CM - VOL 9 - 303 Regular Meeting November 13, 1990 a disaster hits. There are no 25 mph signs posted between Silvergate Drive and Castilian Road, which is a distance of 9/10 mile. Traffic enforcement seems light. Wheels buses exceed the speed limit constantly; empty Wheels buses. He was concerned that a stop sign at Castilian would increase noise and stated he would prefer a stop sign at Amarillo. He felt the main problem is the appearance of Silvergate Drive, and discussed the layout of the street. He felt the visual appearance should be changed to look more like Amador Valley Boulevard. He cautioned the use of the message reader board as he felt that teenagers will tend to speed up just to see how fast they can get the board to register. Mayor Moffatt advised that an officer will also be present to cite individuals exceeding the speed limit. Carol Martin, 11473 Silvergate Drive, stated she supported Mr. Baldo's comments and would also like to see something done about Dublin Boulevard going up the hill. She lives in the second house on the right and it is very difficult for her to get out of her driveway at times. Mayor Moffatt pointed out that the intersections will be redesigned at some time in the future. Mr. Thompson discussed the timing of the intersection improvements. All the developers will be paying a portion of the improvements. They were supposed to start this year, but due to economics, developers have put off moving forward until next Spring. Ms. Martin questioned why something couldn't be done in the interim. Mayor Moffatt advised that this will be a major project. Greta Payton, a resident who lives on the corner of Creekside Drive and Silvergate advised that her corner is another intersection that causes problems. It is very difficult for her to get out of her driveway also. People continually go right through the stop sign without stopping. Something should be done about this and also to make it safer for children. Mayor Moffatt stated he felt more patrol would be helpful up there. This can be looked into by the Traffic Safety Committee. The speed limit is supposed to be 25 mph, but there are no signs. Ms. Payton stated she felt that stop signs are not the answer. She has a perfect view out her kitchen window and was amazed at the way traffic goes through this location. She felt that stronger measures should be taken as Silvergate Drive is like a race track. Mayor Moffatt closed the public hearing. Cm. Hegarty stated he felt the issue of 25 mph going up versus 35 mph coming down should be addressed. A landscaping project is scheduled to take place at some time in the future. The budget process and wish CM - VOL 9 - 304 Regular Meeting November 13, 1990 list will be coming up in a few months, and Cm. Hegarty stated he hoped that people will attend and provide input and then maybe the median can be extended, if that's the desire of the people. He felt the Police Department should provide more patrol and pay more attention during peak hours. Mr. Thompson advised that with regard to the question of the two speeds brought up at the last meeting, it is 35 mph, and this will come before the Council for a new reading at the next meeting. Cm. Snyder stated he had been a resident on Silvergate Drive for a long time and felt that one of the major problems is tailgating, coupled with the speeding problem. If we can reduce speeds, we can reduce most of the problem up there. People don't pay any attention to crossing guards and stop signs. He would rather see 25 mph, at least up to Hansen Drive. Mr. Ambrose advised that the City had done a complete inventory of all markings with the purpose being to bring all into conformance with the ordinance. Cm. Snyder advised that several accidents have occurred and speeders coming around the corner are the major problem. Mr. Kinzel advised that there may be another possible solution and that would be to establish the limit at 35 mph, but put a 25 mph warning to advise that this is the safest speed to make the turn. Cm. Jeffery advised that she was very interested in having the reader board placed along with an officer. She felt that a reader board would serve as a reminder to people to slow down. She felt that several measures will be required to solve this problem. Initially, she stated she would like to try stop signs and extra patrolling. Cm. Hegarty pointed out that the distance is not all that great on Silvergate Drive between Dublin Boulevard and Betlen Drive. If cars back up going north, people coming up the hill at excessive speed could rear end traffic. He could see the potential for cars backing up, plus at certain times, you cannot see clearly coming around that corner. He requested consideration for traffic to be stopped in one direction only. Cm. Jeffery felt that a caution curve sign would tend to slow people down. Cm. Vonheeder questioned why not just redo the intersection and let the developers reimburse the City when they develop. Mr. Kinzel stated that a stop sign in one direction only would not be recommended. He concurred with Cm. Hegarty's concern regarding traffic backing up, but felt that this should rarely happen. Cm. Jeffery questioned if the engineering work had already been done. CM - VOL 9 - 305 Regular Meeting November 13, 1990 Mr. Ambrose responded that it had not been done and was not in the CIP. Mr. Thompson advised that it would take several months. Mr. Ambrose advised that if the City Council wished to push the project along, Staff would need to bring back to the Council a Staff Report and in addition, the CIP and Budget would also have to be reviewed. Cm. Hegarty reported that Alameda County originally designed the intersection. When Pleasanton took over the freeway, he felt this project was dropped somewhere along the way. On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous vote, the Council adopted RESOLUTION NO. 144 - 90 APPROVING INSTALLATION OF STOP SIGNS ON SILVERGATE DRIVE AT THE INTERSECTION OF BETLEN DRIVE AND INTERSECTION OF AMARILLO ROAD * * * * ANNUAL TREE LIGHTING CEREMONY (950-40) Recreation Director Lowart advised that on October 29, 1990 when the Council approved preliminary plans for the Annual Tree Lighting Ceremony scheduled for December 3rd, the Council directed Staff to investigate the feasibility of decorating the clock tower. The total budget for the tree lighting event is $500. Ms. Lowart advised that Staff met with representatives from Western Scenic Studio to discuss the logistics of decorating the clock tower. Ms. Lowart discussed 3 alternates, along with cost estimates. To place lighted wreaths on each of the 3 clock faces would cost approximately $2 ,405. To attach a 9' lighted silhouette of a Christmas tree on top of the clock tower would cost approximately $2 , 120. To outline the perimeter of the clock tower with lights would cost approximately $3 , 160. A cost savings could be realized if the Council wished to combine any of the alternates. If the Council elected to proceed with all 3 alternates, the cost would be approximately $4 , 800. Cm. Jeffery questioned if the cost estimates were installation or materials. Ms. Lowart responded that the costs included both installation and materials. Cm. Jeffery discussed the feasibility of doing it in stages and questioned if the City did the wreaths only, how much would be for materials. CM - VOL 9 - 306 Regular Meeting November 13, 1990 Ms. Lowart advised that the wreaths themselves would cost about $900. The rest of the cost is to rent a lift plus labor to install them. Mayor Moffatt questioned if, at the same time we could darken the numbers on the clock. Mr. Ambrose advised that the decorating would have to be done by a contractor who specializes in this type of thing. Painting the clock tower numbers would be done by the City's maintenance crew. Ms. Lowart advised that any decorations used would become the property of the City. She indicated that she discussed the wind factor with the contractor. Cm. Jeffery felt this would be a very nice way to share the holidays with the whole area. She did not, however, anticipate that the costs would be so high. A breakdown of the capital costs was discussed. Cm. Hegarty stated he felt this building was for the whole valley to enjoy. If it were done properly and in good taste and with some kind of a guarantee regarding wind damage, he would feel more comfortable. He stated he was somewhat uncomfortable in that he had not heard from anyone in the community regarding their wishes. He felt the City should, however, do something. Mayor Moffatt felt it was quite a bit of money and maybe only one thing in the way of decoration would be appropriate. Cm. Vonheeder felt that if it were done in phases, the 9' tree should be first. Cm. Jeffery questioned if there would be any conflict with airport airway lights because of the height of the clock tower (681 ) with an additional 9' on top added by a tree. Kris Campbell, 7604 San Sabana Road felt that anything on the top of the clock tower would diminish its beauty. She felt that trees planted somewhere would be far more appropriate. George Zika, 8046 Peppertree Road questioned if by phasing the Council meant one thing this year, one thing next year, etc. He stated he favored lighting the silhouette of the clock tower. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to table discussion of this item until budget time. * * * * CM - VOL 9 - 307 Regular Meeting November 13, 1990 INITIATION OF GENERAL PLAN AMENDMENT (420-30) Senior Planner Carrington advised that JL Construction Company is requesting an amendment to the Housing Element of the General Plan to allow fees to be paid in lieu of providing a percentage of units in large multi-family projects as rentals for a specified period of time. Mr. Carrington explained that under the terms of approval for their planned development rezone, JL Construction is required to maintain 21 of the multi-family units as rental units for a period of 5 years. Currently, this procedure would yield $231, 380. 10 for 21 dwelling units that would otherwise be set aside as rentals. The in lieu fee could be applied to rental subsidy programs through the Dublin Housing Authority or to other housing programs. Cm. Jeffery questioned with regard to other housing programs if we could apply it to Section 8 housing that we now have. Mr. Carrington explained that at the discretion of the City Council, it could be, but the intent is to provide rentals and it should be used to subsidize rental units. Cm. Jeffery asked for an example of how this would work. Mr. Carrington gave handouts which explained and discussed specific examples. Mr. Ambrose clarified that he thought the Council wanted to know what kinds of programs the fees could be used for. The Dublin Housing Authority could handle the administration of this program. The laws have tightened up considerably. We will be forced into a lot of these programs. Mayor Moffatt questioned the equation used in the 21 dwelling unit scenario. Cm. Vonheeder pointed out that the reason we adopted this policy in the first place was to create rental units. Cm. Hegarty felt that when this element of the General Plan was established, it was a step in the right direction. This particular element was put in for a purpose. Someone who wants to buy off this requirement for money should not be allowed to do so. The Springs used this as an incentive to get the loan. Cm. Vonheeder indicated that it was put in because Dublin was trying to provide rental stock. In the last 10-15 years, the in-lieu fees have sat there and now we are struggling to get land. Mr. Ambrose stated that multi-family developers are to provide a mix of housing. The Council changed the policy not long ago. He agreed that Dublin does need rental housing, but we also have a goal set for us by the State and we have a very large deficiency. The amount of money that JL is proposing is not the amount of money that it would CM - VOL 9 - 308 Regular Meeting November 13, 1990 cost them just to keep these particular units as rentals. Staff discussed this and felt that an in-lieu fee has to be enough to hurt the developer so that they don't opt to pay the in-lieu fee instead of providing the rental units. Cm. Vonheeder did not feel that $231, 000 will build more units. Mr. Ambrose pointed out that cities to the east and south have housing in-lieu fees. Cm. Jeffery questioned if this is accepted, would the money collected actually give us the ability to provide more rental housing? Mr. Ambrose stated that depending upon the programs that the City sets up, we might be able to do this. Mr. Carrington stated that under this scenario, it would be possible to provide assistance to 21 families for 5 years. Staff felt that the goal of providing rental units is a valid use of funds. Mr. Ambrose advised that now, JL can rent them for whatever the market will bear. Mayor Moffatt questioned if there was an inflation factor built in. Mr. Carrington responded that it would be 4% per year. Cm. Jeffery felt that if we take the money, we could use it to produce new units or we could use it to subsidize existing stock. Mr. Ambrose advised that the request at this meeting is to consider a change to the housing element. Cm. Hegarty felt we should go under a Section 8 Program in order to create something affordable for people to rent. First, we should create an element in the plan with gives and takes for developers to put in this kind of housing in the community. Mr. Ambrose advised that the City could go through the whole study and the policy could remain as is. The first step is to initiate the study. Discussion was held related to the number of amendments that can occur per year. City Attorney Silver advised that each mandatory element of the General Plan can be changed up to 4 times. David Stromberg, JL Corporate Counsel indicated that the Council was dealing with 2 different issues. The first issue was to create affordable housing. The second issue was maintenance of rental stock in the City. They tried to work out a formula to provide a economic benefit to the City in those cases where the developer wants to avoid setting aside the units. They feel that 4 times the penalty is CM - VOL 9 - 309 Regular Meeting November 13, 1990 sufficient and that the costs of the in-lieu fees is worth it. They are not talking about the established housing condition, but rather rental stock. Cm. Vonheeder stated the City needed more rental stock at the time that the policy was done. Things have changed since the General Plan was adopted. It may be time to look at it from a different perspective. Cm. Hegarty stated he was willing to go along with studying the issue. George Zika expressed concern regarding taking money from a developer and losing rental units. What good will the money do when you have lost the units? If we lose these 21 units, where are the units going to come from and when? Mr. Tong advised that Staff will explore various options for the use of these funds. The Planning Commission will study it before it comes back to the City Council for final action. Mr. Zika questioned if the study will look at where the units will come from. We currently have only a 3% vacancy factor. Cm. Jeffery stated she would like to look at all the various things discussed. We should maximize the needed housing units. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council agreed to initiate a General Plan Amendment to allow in lieu fees to be paid as requested by JL Construction. * * * * DUBLIN FINE ARTS FOUNDATION LOANED ART PROGRAM - SCULPTURE #2 (600-30) Cm. Snyder announced that he would abstain from discussion on this item because of a conflict of interest. Assistant City Manager Rankin advised that the City Council previously approved an agreement with DFA to install a sculpture as part of a Loaned Artwork Program. DFA is now presenting a proposal for a second sculpture to be located on the Civic Center grounds. Lynne Baer, Executive Director of DFA showed a slide of the proposed sculpture and a slide showing the proposed location for placement at the Civic Center. Ms. Baer advised that Artist Roger Berry constructed the piece of corten steel. It is approximately 8 ' tall and 314" in diameter. Mr. Rankin advised that, as with the agreement for placement of the first sculpture, the artist retains ownership of the sculpture and agrees to display it for a minimum of one year. The agreement is considered a consignment due to the provisions for a commission to be paid to DFA in the event the artwork is sold while on display. The CM - VOL 9 - 310 Regular Meeting November 13, 1990 City would be responsible for the provision of liability insurance in the event of a loss associated with the display. The artwork is valued at $30, 000, and the City has a $5, 000 deductible for property insurance. Given the type of materials and the placement, Staff does not foresee an unreasonable level of risk being assumed by the City. Mayor Moffatt questioned how the piece is anchored. Ms. Baer explained that there is a 6' trough and under the ground, there is a steel piece. It will be quite secure. This Artist has done a lot of large scale public works. It is sort of a rust color. Cm. Jeffery complimented Ms. Baer and the DFA for their selections. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Snyder abstained) , the Council authorized the Mayor to execute the agreement and directed Staff to work with DFA to complete the installation. * * * * OTHER BUSINESS Upcoming Meeting Schedule (610-05) City Manager Ambrose reminded the Council of several upcoming meetings to be held in the next few weeks. These included: Thursday, November 15th, East Dublin Workshop, 7 p.m. , in the Regional Meeting Room. Saturday, November 17th, Alamo Creek Park dedication, 9 : 30 a.m. , (rain or shine) . Monday, November 19th, DRFA. Tuesday, November 27th, West Dublin Study Session CANCELLED as the Planning Consultant needs more time. This meeting will be rescheduled sometime after the holidays. Wednesday, November 28th, Tri-Valley Planning Forum, 7 p.m. This forum will be held at the Civic Center and is being sponsored by the League of Women Voters and they will have guest speakers. Friday, November 30th, Appreciation Dinner for DRFA employees. Monday, December 3rd, Tree Lighting Ceremony at the Civic Center. Thursday, December 6th, East Dublin Workshop, 7 p.m. , in the Regional Meeting Room. Monday, December 10th, Regular City Council Meeting Tuesday, December 18th, East Dublin Study Session, 7 p.m. , in the Regional Meeting Room. CM - VOL 9 - 311 Regular Meeting November 13, 1990 Mr. Ambrose also pointed out that the second regular December Council meeting date falls on Christmas Eve, so the Council will need to determine if the meeting would be held on Wednesday, December 26th. Cm. Jeffery stated she felt the second regular meeting in December should be cancelled. * * * * Sound System in Council Chambers (200-30) Cm. Jeffery stated she was very pleased with the way the new microphone pedestals looked. * * * * National League of Cities Conference (140-30) Mayor Moffatt advised that he would be available to go and represent the City at the National League of Cities Conference in Houston, Texas on December 1-5, 1990. He requested that Staff look into the matter to see if reservations could be made. Mr. Ambrose advised that budget adjustments might also be required and Staff would need to determine the cut off dates for making reservations. * * * * CLOSED SESSION At 9 : 15 p.m. , the Council recessed to a closed executive session to discuss Potential Litigation in accordance with Government Code Section 54956. 9 (c) . * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10: 28 p.m. * * * * Mayor ATTEST: City Clerk CM - VOL 9 - 312 Regular Meeting November 13, 1990