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HomeMy WebLinkAboutItem 4.1 Approve 12-09-1991 Minutes (2) REGULAR MEETING - December 9, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, December 9, 1991, 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: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE (610-20) First Class Scout and Patrol Leader Viet Nguyen, from Troop 922 led the Council, Staff and those present in the pledge of allegiance to the flag. Viet stated that he is currently a First Class Scout and plans to make it all the way to Eagle Scout. The Council, Staff and everyone present sang "Happy Birthday" to Mayor Snyder. INTRODUCTION OF NEW EMPLOYEE (700-10) Public Works Director Thompson introduced Mark Hicks, the City's new Engineering Technician. Mark came to the City from Florida. He previously lived in Alaska and Oregon. The Council welcomed Mark aboard. EXPIRATION OF TERM OF CITY'S APPOINTMENT TO ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES (560-30) Mr. Ambrose advised that Dr. Scudder was present and wished to give a report related to the activities of the Mosquito Abatement Board. Dr. Scudder stated that while he has been a representative on this ' Board since 1983 , there are members who have served for over 30 years. He was very pleased to do this as it is part of his profession. Twelve people represent 12 municipalities on this Board, plus 1 member at large. They meet monthly and the Statewide organization meets 4 times per year. Dr. Scudder updated the Council on various projects of this Board. tiff lift if jiff ii if f i{ if f if li if CM ii— iVOifL 10 - 437 ii i ii a if .f if Regular Meeting December 9, 1991 ---------------------------------------------------------------------- COPIES TO: ITEM NO. �� -s Cm. Burton questioned if there had been any reported Lyme disease in this County. Dr. Scudder stated he had not heard. of any cases in Alameda County, however, the potential is definitely here. Precautions should be taken. Cm. Moffatt thanked Dr. Scudder for doing this work for the City for the last few years. Mayor Snyder stated we should all feel proud that he gives his expertise. City Manager Ambrose advised that the City was recently notified that Dr. Harvey Scudder's term of office on the Alameda County Mosquito Abatement District will expire on January 2, 1992 . The City Clerk contacted Dr. Scudder who indicated a willingness to continue to serve on this Board. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 126 - 91 MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of November 25, 1991; Accepted the City Treasurer's Investment Report as of November 30, 1991 (320-30) ; Received Finance Report for month ending November 30, 1991 (330-50) ; Approved Warrant Register in the amount of $2, 020, 388.58 (300-40) ; Cm. Moffatt requested that the TDA funding item be pulled from the Consent Calendar for discussion. Cm. Moffatt indicated that the Tri-Valley Transportation Council is developing a map for bike trails and he wanted to make sure that this project falls into the same pervue of the TVTC maps. Within a month or two, the City Council should have a map showing both Alameda County and Contra Costa County trails. Mr. Thompson stated the TVTC is taking a look to make sure all the trails line up. There is proposed to 'be a trail down the SP right-of- way, plus there are some other trails the City may want to look at once the Master Plan for trails is completed. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 438 Regular Meeting December 9, 1991 Mr. Ambrose clarified that this action is only authorization to seek funds, but this is not a project that the City Council has approved. It is not listed in the CIP. All that,City Staff is doing is applying for some funds. Cm. Moffatt stated he just wanted to emphasize that this other thing is going on. Mr. Ambrose advised that there will be a field trip to the Iron Horse Trail later in the week. It will be a Liaison Committee meeting. Cm. Burton is the City's representative on this Committee. Cm. Burton stated everyone is invited on the field trip. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 127 - 91 APPROVING 2 SAFETY-RELATED IMPROVEMENT PROJECTS AND DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING (1060-90) REPORT REGARDING SITE CONDITIONS AT DUBLIN MEADOWS PROJECT (440-40) Building Official Taugher advised that the Dublin Meadows project consists of 26 multi-family buildings, containing a total of 206 units and is located on Amador Valley Boulevard, east of Stagecoach Road. The Heritage Commons project is west and north of the Dublin Meadows project. Mr. Taugher explained the layout and various sections of the project. Due to financial difficulties, all work on the rear 15 buildings ceased about March of 1991. Don Kurtz, a resident of Heritage Commons addressed the Council and stated he had owned his townhome for about 2 1/2 years. His house borders their property. His Homeowners Association Board asked him to present their opinions. Mr. Kurtz summarized what they have done as a group. This development was originally a part of Heritage Commons and then it split off. The Homeowners Association worked with the developer quite sometime ago. They had a good relationship with the developer up until the time the development started. Mr. Kurtz stated they discussed this project in different phases: planning, construction, destruction and future. . There is a serious clash in the different architectures. He displayed some of the newspaper articles related to the delays in the project. It is bad n*n*w*n*n*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*n*A*A*A* CM - VOL 10 - 439 Regular Meeting December 9, 1991 that Far West went under, but we must look at what can be done now. The buildings have deteriorated and now what is happening is children have gone through and smashed some of the windows. It looks like the Bronx. Construction debris is visible throughout the project. Their first goal is they want it to be finished. If it can't be finished, it needs to be made safer. Their intention is to have all the units fixed and have people living there. Cm. Moffatt asked if they had experienced any vandalism at their project. An unidentified audience member stated their complex is always very quiet, but there have been cases where cars have been broken into, plus constructions workers have harrassed people near the pool. Mr. Taugher showed slides of the project. Mr. Kurtz stated seeing the slides really drove it home how serious this problem is. Mr. Taugher advised that in June, 1991, the City required the owner to remove trash, junk and debris from the property through the Property Maintenance Ordinance. Trash and debris was removed, however, construction materials were allowed to remain. Since June, the appearance of the site has continued to deteriorate due to vandalism. Mr. Taugher advised that it is his opinion as Building Official that the condition of these buildings constitute a public nuisance and can be abated as dangerous buildings under the provisions of Section 7 . 28. 050 Q of the Dublin Municipal Code. Doors and windows on the 11 nearly completed buildings would need to be boarded up to prevent unauthorized entry, or an alternative would be to hire a security service to protect the buildings from further vandalism. Mr. Taugher advised that the abatement procedure would follow the provisions of Chapter 7. 52 of the Dublin Municipal Code, and would require a public hearing. Due to noticing requirements, the earliest date the hearing could be held would technically be January 13, but Staff was recommending January 27, 1992 . Mr. Taugher stated he had heard that there are at least 50 liens on the property. He explained the process that the City would have to go through. The developer estimates that there is about $70, 000 worth of damage to the buildings. The estimated costs of clean up and securing the buildings is $30, 681, plus the cost for maintaining the buildings in a secure condition. The alternative costs would be $20,920 for clean up and $700 per week for a security service. Mr. Taugher advised that recovery of the costs . of abatement is complicated by the fact that the property could be acquired by the Resolution Trust Corporation (RTC) because the principle mortgage holder is apparently in financial difficulty. ^*A*A*A*A*A*A*A*A*A*A*^*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 440 Regular Meeting December 9, 1991 On December 3 , 1991, the Building Official learned from the principle mortgage holder that the RTC has agreed to advance funds for the completion of the project after a Record of Modification is completed clearing all title problems. Thus, if the title can be cleared, it would be possible for the project to be reactivated early in January. In order to provide for the contingency that construction is not reactivated, Mr. Taugher requested that the Council consider setting an abatement hearing. Cm. Burton questioned if the property is fenced. He also asked if Staff could estimate the value of the trade off of material versus the cost to clean up, or if Staff thought there was $30, 000 worth of material there that could be sold. Mr. Taugher advised that the property is not fenced and felt we would get very little on the dollar for the actual value of the materials. Cm. Jeffery asked if Staff had estimated the cost to fence the area rather than use security. Mr. Taugher stated kids can go over, under or through a fence, so eventually, it won't keep anyone out. Mr. Ambrose advised that the other proplem is we can't fence off the creek area. Cm. Jeffery stated she worked on a Policy Committee regarding how the RTC would be run. When the Federal Government owns the project, they have given the projects to the cities because of a provision that it should first go for affordable housing. If the buildings are already constructed, she questioned if it would be worthwhile for the City to pursue obtaining these buildings. Mr. Ambrose advised that there are still substantial improvements that must be made. Cm. Jeffery felt the City should question if this is something that could help the community as well as provide some affordable housing. Ms. Silver stated he was unfamiliar with the provisions under RTC, but she thought the property is still owned by Far West Properties. If we get to a point of dealing with RTC in conservatorship, it would be owned by the Federal Government. We would not deal with RTC unless Far West forecloses. Cm. Jeffery thought the City should look at this possibility in the future. She explained a situation that occurred just outside of Denver. Because it takes a long time to go through this, we should pursue it now in order to be in a good position in the future. Ms. Silver explained that there are various public improvements that the developer was required to put in which have not been put in. The City has filed suit to force completion of the improvements. We have w*A*A*A*A*A*A*A*A*w*w*w*A*A*A*n*w*A*A*A*A*A*A*A*A*A*�*A*A*�*A*A*^*A*A* CM - VOL 10 - 441 Regular Meeting December 9, 1991 brought suit against the developer under the bond for street improvements and improvements to the creek, etc. Cm. Burton questioned the conditions of the performance bond. He agreed that we should finish the project, plus start the abatement process. There must be a performance bond back there somewhere. Cm. Moffatt questioned if the builder had gone into bankruptcy. Jim Franklin, owner of JL Construction addressed the Council and explained the background of the project. By the summer of 1990, it was clear that Far West was having financial problems. They were given assurances in July and August of 1990 that funding would continue. On January 11, 1991, they were officially taken over by RTC. In May of 1991, they received approval to commence funding. On August 7, 1991, they received approval from Denver. Then they learned that it had to go to Washington, D.C. , for approval. On November 27, 1991 they got the final stamp of approval from RTC. Mr. Franklin stated he recognizes and totally acknowledges the homeowners' dismay. Seven of his projects have been shut down all over California. He hopes the horror story is now over. They are shooting for a December 23rd funding date. They are not in bankruptcy, nor do they intend to file. They are an ongoing concern. This is the first time in the history of RTC that they have extended a loan. Mr. Franklin advised that he will be attending a meeting in Pleasanton on Thursday at the Hilton with all the lien holders in order to give handouts of all the documents in order to continue the project. He has also scheduled individual meetings with all the subcontractors. Cm. Moffatt questioned if Far West or JL hires the subcontractors. Mr. Franklin stated he is responsible for subcontractors all over the state. All undisputed claims are required to be paid before the project can resume. Cm. Burton asked Mr. Franklin if he was satisfied that the amount of money will be enough to finish the project. Mr. Franklin responded yes, he would not go through this again. By the end of this month, they will be able to resume the project. Cm. Burton asked if you assume that everything happens by the first week in January, how long will it be before the mess is cleaned up. Mr. Franklin stated this has to be the first thing that happens as it is a major problem which must be addressed immediately. It will be done 90 days after they start. When questioned, an unidentified audience member stated they can only go by what has happened in the past. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* if CM - VOL 1.0 - 442 Regular Meeting December 9, 1991 On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council set a hearing date of January 27, 1992 to consider abatement of this public nuisance and directed Staff to send out the required notices. INITIATION OF AMENDMENT TO SIGN ORDINANCE REQUEST BY DAVID MALCOLM, ALMOND PLAZA PA 91-081 (400-30) Associate Planner Cirelli advised that the Applicant, David Malcolm is requesting the City Council to initiate an amendment to the Dublin Sign Ordinance to allow permanent decorative flags and banners within commercial retail centers in the City. The Applicant owns the Almond Plaza retail center at 7150-7222 Regional Street. The Applicant feels that Almond Plaza is currently under utilized due to the lack of public awareness of businesses at the center, especially businesses in the rear portion, which has affected tenant sales. Ms. Cirelli discussed the Sign Ordinance definitions related to temporary signs such as flags, banners, pennants, etc. A 30-day temporary promotional display requires an ACUP and a 60-day temporary promotional display requires a CUP. Ms. Cirelli indicated that allowing decorative banners and flags on a permanent basis in retail commercial centers, including the downtown area, is compatible with policies set forth in the Dublin Downtown Specific Plan. Staff often receives questions from downtown merchants concerning public awareness and business identification. Ms. Cirelli advised that if the Sign Ordinance Amendment Study is initiated by the Council, Staff recommended specifying that the proposed installation of permanent decorative flags and banners be subject to Site Development Review approval. Staff sought direction on applicable location/districts, on the type of commercial development and also whether this matter should be referred to the Downtown Specific Plan Task Force for review and comment. Cm. Burton asked if they had considered opening up the side from San Ramon Road. Mayor Snyder stated this was discussed years ago. The property is under utilized because of the way you have to access it. The previous owner was not interested in discussing this additional possibility. Mr. Malcolm stated he would be extremely interested in pursuing this. The only tenants who get exposure are the ones in the back along San Ramon Road. This center has suffered quite a bid during the current economic phase. They have 7 vacancies, plus sales are down in the entire center. Better exposure would be one way of possibly increasing business, in addition to the banners they are requesting. He explained that he throught the City was opposed to opening up the back. w*A*n*n*w*n*n*w*n*A*, *A*�*A*A*n*A*A*A*n*A*n*�*A*A*A*A*n*A*A*A*A*A*A*^* CM - VOL 10 - 443 Regular Meeting December 9, 1991 Mayor Snyder indicated that he felt that any reasonable person could recognize that the entrance to this center is in the wrong place. The immediate issue before the City Council was the Sign Ordinance amendment, but he could get together with the Planning Department to discuss the other subject. Cm. Burton stated there is a task force actively involved in working on this type of a promotion in the downtown area. Staff is available and there are other business people who could review the way they want to utilize the flags. He felt it should be discussed by the Downtown Task Force. Mayor Snyder stated it could be reviewed through the Planning Commission process, but felt it should not be held up to go before the task force. It should be allowed to move forward as quickly as possible. Cm. Moffatt stated he felt it could concurrently go through a review of both bodies. Cm. Moffatt stated this is the first time to have a landowner request something for his tenants. Very few are concerned about the welfare of their tenants. He commended Mr. Malcolm for coming before the City Council to state his case. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council agreed to initiate the Sign Ordinance Amendment Study. The Council also requested that this be sent before the Downtown Review Committee as part of the process. Cm. Jeffery pointed out that Staff was seeking direction on the 3 areas listed in the Staff Report. Mr. Ambrose advised that the City Council could determine the issues or they could have the Planning Commission look at the options. Mayor Snyder stated he would like to see the Planning Commission consider options b and e which would include retail commercial districts throughout the entire City and also all commercial and light industrial districts throughout the entire City. The Council agreed to let the Task Force and the Planning Commission come up with the recommendations. POSITION OF ASSOCIATION OF BAY AREA GOVERNMENT (ABAG) ON REGIONAL GOVERNMENT (140-10) City Manager Ambrose advised that the City recently received a letter from the President of ABAG indicating that the General Assembly had adopted a position on regional governments. Local communities and subregional organizations are being asked to consider the issues and A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 444 Regular Meeting December 9, 1991 present recommendations for review and consideration by the General Assembly in March, 1992 . The information should be submitted to ABAG no later than February 19, 1992 . Mr. Ambrose advised that in order to meet this tight timeframe, a meeting of the Tri-Valley Joint Council should occur prior to the Christmas holidays. Mr. Ambrose stated he had spoken with the Pleasanton City Manager related to a timeframe. Mayor Mercer has tentatively set a meeting for Monday, December 16th at 7: 30 a.m. , to decide what the process will be. Cm. Jeffery indicated that date and time will conflict with the BART Rail Advisory Committee meeting. She questioned if Tuesday morning, December 17th would work. . She also felt there should be some outline available before the meeting so that the group can immediately get down to specifics. Mayor Snyder indicated he had no problem with either date, but he thought all the cities were being advised that the meeting was scheduled for the 16th. Mr. Ambrose stated that the group will need to determine what participation counties will have in this process. The Alameda County Planning Commission had a workshop and cities were not allowed to comment on the County's General Plan. By a Council consensus, Staff was directed to suggest an alternate date for the Tri-Valley Joint Council meeting on Tuesday, December 17th at 7 : 30 a.m. , in the Regional Meeting Room of the Dublin Civic Center. PUBLIC HEARING - DENSITY BONUS ORDINANCE (430-20) Mayor Snyder opened the public hearing. Senior Planner Carrington presented the Staff Report and updated the Council related to the most recent changes which were incorporated into the Density Bonus Ordinance at the Council's last meeting on November 25th. At that meeting, the Council waived the reading and re-introduced the Ordinance with the changes and clarifications discussed. No comments were made by members of the public. Mayor Snyder closed the public hearing. Cm. Moffatt stated he hoped this would be reviewed periodically to make sure it is working properly. Mr. Ambrose pointed out that we need to have new development for this Ordinance to even be used. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 445 Regular Meeting December 9, 1991 On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 17 - 91 ADDING CHAPTER 8. 16 TO TITLE 8 OF THE DUBLIN MUNICIPAL CODE ENACTING A DENSITY BONUS ORDINANCE AWARD OF BID CONTRACT 91-10 NIELSEN AND CRONIN SCHOOL PLAY AREA IMPROVEMENTS (600-30) Recreation Director Lowart advised that this project includes installation of modular play equipment at both Nielsen and Cronin Schools and related improvements such as drainage, concrete curbing and benches. Ms. Lowart explained that the low bid received, $48, 421. 37 is considerably lower than the second lowest bid of $71,436. Staff contacted A-1 Fencing and Playground, the low bidder, and they feel that no errors were made and that the work can be completed for the price bid. Ms. Lowart explained that the Nielsen project was to be funded by the School District with a $10, 000 contribution, and the Parent Faculty Club with a $11, 000 contribution. Because the project came in lower than estimated, the Parent Faculty Club has asked the City to consider adding more to the project, or a possible refund. Ms. Lowart advised that if they submit a letter with an official request, this will come back before the Council for discussion. Currently, the agreement states that if the project comes in under bid, the City would pay less. The City was scheduled to pay $38, 000 and other funding sources would provide $21, 000. Mayor Snyder stated because we just went through a project similar to this, he questioned why the tremendous discrepancy in what the contractor says he can supply this for and the engineer's estimate. Mr. Thompson pointed out that it is the landscape architect's estimate, not his. Apparently there are a lot of hungry contractors out there. Mayor Snyder questioned if the playground equipment is the same because of the price variance. Mr. Thompson explained that the contractor says it is "or equal" equipment. He must meet the specifications. The contractor claims he can get identical equipment which has been installed in a number of cities. He is currently doing a job in San Jose. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted A*A*A*A*A*/ *A*A*A*A*A*A*A*A*A* *A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*^* CM - VOL l 0 - 44 6 Regular Meeting December 9, 1991 RESOLUTION NO'. 128 - 91 AWARDING CONTRACT 91-10 NIELSEN & CRONIN SCHOOL PLAY AREA IMPROVEMENTS TO A-1 FENCING AND PLAYGROUND ($48,421.37) REPORT ON DIRECTLY ELECTED MAYOR (610-20) City Manager Ambrose highlighted the issues discussed in the Staff Report and advised that if the Council determines to pose the question of directly electing the Mayor to the voters in June, 1992, several issues would need to be discussed. Mr. Ambrose explained that the term of office would need to be determined by the voters and could be either 2 or 4 years. The Staff Report discussed the impacts that either scenario would have on the terms of the 4 Councilmembers, and advised that in the event that a 2 year term was approved, the Council should consider whether to designate one of the City Council terms expiring as a 2 year term in the 1994 election. This issue would not be determined by the Council until after the voters decide whether the Mayor should be directly elected. It would need to be determined before the November, 1994 election. With regard to compensation, the Council may determine if any additional amount is to be paid over and above what Councilmembers receive. Following the November 1992 election, the Councilmembers compensation will be $422 . 12 . This could also be determined by the voters. Mr. Ambrose discussed timing and advised that if the Council wishes to place this issue on the June, 1992 ballot, the decision must be made no later than February 24, 1992 in order to meet the Registrar of Voter deadlines. State Law provides that the elected Mayor shall, with the approval of the City Council, make all appointments to Boards, Commissions and Committees. If approved by the voters, this would necessitate modification to the City's existing Ordinance and Resolutions providing for the appointment of Planning Commissioners, Park & Recreation Commissioners and Senior Citizen Advisory Committee members. Mr. Ambrose summarized by stating that the cost for placing this issue on the June, 1992 ballot is estimated at $3 , 000 and the Council needed to discuss the issues related to 1) term of office; 2) compensation; 3) timing; and 4) appointment powers/duties. Cm. Burton thanked Staff for researching this and indicated that he had mixed feelings now that some of the information had been presented. He asked if there were any options to the State Law which deals with the appointment powers. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*^*A*A*A*A* CM - VOL 10 - 447 Regular Meeting December 9, 1991 - City Attorney Silver read the Government Code Section from the Elections Code. Cm. Burton stated that this has been talked about for 10 years and the public needs to be able to decide. He stated he was inclined to go to the voters at the November, 1992 election and then if it passes, elect • Mayor in 1994 . The Council would be more balanced with this kind of • timeline. Cm. Moffatt asked if the Mayor is to be elected if it would be an initiative. Ms. Silver advised that the City Council would place it on the ballot. Cm. Moffatt asked if the Ordinance would state that the Mayor is elected on a Citywide basis rather than by district. Ms. Silver advised that it would be Citywide since the City does not elect by districts. Cm. Moffatt asked how the City Council would decide on the issue of compensation. Ms. Silver explained the process. Cm. Burton stated he felt this should be decided by the City Council as the public does not need to get involved in this aspect. Cm. Jeffery stated she felt the motivation of the Council bringing this issue up would be questioned with regard to what the agendas actually are. If the community really wants this, why haven't they come forward. She questioned what was wrong with the current system. Mayor Snyder stated he had asked for years to let the community say whether they want this or not. Cm. Jeffery stated that if you look at the cities in California that have directly elected mayors, it is usually when councilmembers are elected by districts. In Dublin's case, everyone is elected by the same people, so technically, it doesn't make a difference. Mayor Snyder stated he felt it makes a great deal of difference. Cm. Jeffery stated when you have a directly elected mayor, most of the focus goes to the mayor when, in reality, they only have one vote. She felt the mayor should be additionally compensated. The costs for a mayoral election are considerably more than a councilmember election. The public has indicated they are disappointed with some of the things that go on in campaigns and this could possibly cause campaigns even more often if a 2 year term is established. We have a system that has served Dublin well. If we go this way, we need to advise the public that there are also some great disadvantages. A*A*A*w*A*w*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 448 Regular Meeting December 9, 1991 Cm. Burton stated all he wanted was for the people to decide. There should be a public debate forum and it should be done in November of 1992 . Cm. Moffatt stated he felt disruption is sometimes a good thing. Cm. Burton stated he did not feel a mayor could be effective in 2 years. Cm. Howard stated she did not think there would be enough time for the public to absorb this whole thing in order to put it on the ballot in June. Cm. Moffatt questioned what would happen if someone resigned in 1992 . Cm. Jeffery stated she felt that just because everyone else has done this doesn't necessarily mean it is right for Dublin. Mayor Snyder stated the question needs to be asked and everyone needs to get on with life. The community is who should decide. Cm. Jeffery questioned why the City should spend an additional $3 , 000 for a special election in June when it could be placed on the regular November ballot. She stated she had a problem with putting it on the ballot right away because the motivation of those who put it on will be questioned. On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council directed Staff to prepare and bring back to the Council the appropriate resolutions to place the issue of a directly elected mayor on the June ballot. In addition, the Council would discuss and determine how much additional compensation the Mayor should receive. Cm. Jeffery and Cm. Howard voted against this motion. AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF TWO-LANE ACCESS ROAD PARALLEL TO I-580 (600-40) Public Works Director Thompson advised that in order to finance and construct a road connection between Dougherty Road and Tassajara Road in Dublin, the Cities of Pleasanton and Dublin, Alameda County and the Surplus Property Authority of Alameda County entered into a four-party agreement in March of 1991. This road will serve as a connection to the easterly expansion of Dublin, as a connector road to and through Alameda County's lands, and as a frontage road to I-580. The agreement defined certain roadway alignments and the responsibilities of each of the four entities in the construction of the project. Mr. Thompson explained that a proposed revised alignment would create no greater expense to Pleasanton, and the City of Dublin is still eligible to use SB 300/SB 140 funds to match Pleasanton's contribution. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 449 Regular Meeting December 9, 1991 The alignment of the northerly segment of the two-lane road as it connects to Hacienda Drive is expected to be extended easterly as part of Alameda County's development of their property, and this road would become the transportation spine as preliminarily indicated on the latest Eastern Planning Area General Plan Study. The lower segment (Dublin Boulevard) is expected to be extended westerly in the future to connect back to the Dublin Boulevard Extension, either within or just to the east of the Camp Parks property. Mr. Thompson advised that as we move toward construction of these roads, the agreement needs to be amended to reflect the new alignments. CEQA compliance is not required for the amendment to the agreement; however, before the City of Pleasanton can proceed, Dublin will be required to comply with CEQA. Mr. Thompson displayed a slide of the proposed alignment. Mr. Ambrose advised that this particular plan has not been approved by the City. Cm. Burton stated he didn't like the jog or turn at the Hacienda Drive extension. Cm. Moffatt asked if there would be large trucks going around this corner spilling things. Mr. Thompson advised that trucks would more likely stay on the freeway. Mr. Thompson stated the bottom line is that we have some SB 140 money that we need to get by June. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 129 - 91 APPROVING AMENDMENT TO AGREEMENT DATED MARCH 11, 1991 BETWEEN DUBLIN, PLEASANTON, ALAMEDA COUNTY AND THE SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY REGARDING CONSTRUCTION OF CERTAIN ROADWAY IMPROVEMENTS Cm. Burton abstained. STATUS OF GENERAL PLAN IMPLEMENTATION PROGRESS (420-30) Senior Planner Carrington advised that Government Code Section 65400 (b) requires that an annual report be given to the legislative body on the status of the General Plan and progress in its implementation, including the progress in meeting its share of the regional housing needs. Mr. Carrington reviewed the Staff Report for the Council. y A*A R A A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 450 Regular Meeting December 9, 1991 Cm. Burton questioned if the 552 dwelling units referenced in the report included Dublin Meadows. Mr. Carrington advised that some of their units were included in this figure. Cm. Burton questioned the meaning of 'rights over parking lots' . Mr. Carrington advised that a relatively inexpensive use would be over commercial land uses. Cm. Burton questioned if this is required or just suggested. Mr. Carrington explained that this concept was part of the housing element as adopted in 1990. Mayor Snyder elaborated that the City was encouraging BART to take less land and build up and develop above. The Council thanked Mr. Carrington for the report. ANNUAL ST. PATRICK'S DAY CELEBRATION (950-40) Recreation Director Lowart advised that the goal of coordinating an expanded St. Patrick's Day Celebration with the Chamber of Commerce was given a high ranking by both the Park & Recreation Commission and the City Council during the last Goals & Objectives session. Ms. Lowart advised that Staff has had several planning meetings with representatives from the Chamber. In addition, a Steering Committee was formed to assist with the planning of the celebration. Preliminary plans for the 1992 celebration, formulated by the Committee, include the traditional parade through downtown sponsored by the Dublin-San Ramon Lions Club, the community celebration sponsored by the City and the Chamber and the corned-beef and cabbage dinner and dance sponsored by the Dublin Sister City Association. Ms. Lowart advised that Staff conducted a survey of downtown businesses to obtain their input on the parade route, sidewalk sales and promotional signs. Of those businesses surveyed, 22% responded. Ms. Lowart explained 2 possible parade routes, as well as the advantages and disadvantages to both. With regard to promotional signs, the Committee has requested that the -City 1) waive the promotional sign processing fees, and 2) waive 2 weeks of promotional sign display for individual businesses that 2) obtain promotional sign permits, b) include Dublin St. Patrick's Day Celebration in the signage, and c) display the signage 2 weeks or less prior to the March 14, 1992 celebration date. CM VOL 10 - 451 Regular Meeting December 9, 1991 With regard to sidewalk or outdoor sales, the Committee has requested that businesses throughout Dublin be allowed to conduct sidewalk sales for one day only, March 14th. Ms. Lowart advised that the community celebration is being proposed to be held once again at the Dublin Place Shopping Center. In addition to food and information booths sponsored by local service clubs, the celebration will be expanded to include an arts and crafts faire, a baseball card trading show, a children's game area and a petting zoo. In the event that there are insufficient food booths sponsored by service clubs, local restaurants will be given the opportunity to sponsor a booth. Ms. Lowart advised that the preliminary cost estimate is $12 , 278, and sufficient funds are budgeted. Cm. Jeffery felt it would be worthwhile to work with the service businesses so they can take advantage of the number of people who will be coming. They could promote their services. Also, with regard to the food booths, if local restaurants are approached, she felt this would be a real money-maker for them, and in addition, future customers would be built in. Cm. Jeffery indicated that she saw no costs related to advertising. She suggested that funds be provided for radio advertising specifically. In this way, ads go into businesses throughout the entire day. Cm. Burton questioned how much discussion had gone into the parade route. He felt some of the problems could be solved by having Amador Plaza Road as the ending spot, and eliminate Village Parkway. Ms. Lowart advised that most of the businesses on Village Parkway aren't in opposition, but rather those businesses on Amador Plaza Road. Cm. Burton stated he was just making a point that it would shorten the parade. Some of the kids get pretty tired. Also, he asked if there had been any discussion to having a flea market with this event. Ms. Lowart advised that the Recreation Department sponsors 2 flea markets during the year. Cm. Moffatt commented that if you review the surveys and look at the people who are against the route, it looks like they want it to come down Dublin Boulevard. Cm. Howard stated a straight route is the worst you can have. Ms. Lowart stated Public Works has tried to let people know in advance, but have met with limited success. Mayor Snyder stated he felt it was wrong for the City to block access to any business. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 452 Regular Meeting December 9, 1991 Ms. Lowart stated in the case of Mervyns, their headquarters select the days for their Super Saturday sales and it usually hits on a Saturday of the parade. Mayor Snyder asked if a route was discussed whereby staging would occur at Dublin High School and then the parade would go down Village Parkway. Ms. Lowart stated it was her understanding that there were safety concerns in crossing Amador Valley Boulevard. Cm. Moffatt made a motion to select the second or linear route for the parade. This motion received no second. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by majority vote, the Council selected in concept, a parade route to start at Dublin High School, proceed south on Village Parkway, west on Amador Valley Boulevard, and south on Amador Plaza Road where it would end. Staff was directed to come back at the next Council meeting with a report addressing traffic concerns related to this route. Cm. Burton and Cm. Howard voted against this motion. Cm. Moffatt questioned if this would go back to the committee to discuss. Ms. Lowart stated that would depend on when the next meeting is, but Staff could get their input. The Lions Club wants to get the publicity out as soon as possible. Cm. Moffatt questioned what types of things the $6, 000 budget would be used for. Ms. Lowart advised that it would be used for traffic control and Public Works services. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council approved using the Dublin Place Shopping Center as the site for the community celebration. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 130 - 91 SUPPORTING THE 1992 ST. PATRICK'S DAY CELEBRATION RELATED TO PROMOTIONAL SIGNS A*n*n*n*n*w*A*n*A*A*A*n*n*A*w*A*�*n*A*A*A*n*n*n*A*n*A*A*A*A*A*A*�*A*A* CM - VOL 10 - 453 Regular Meeting December 9, 1991 PROPOSED DRAFT JOINT EXERCISE OF POWERS AGREEMENT (JPA) FOR WASTE MANAGEMENT (810-30) Assistant City Manager Rankin advised that in March, 1990, the City Council approved an amended Joint Powers Agreement for Waste Management which was intended to address changes required by the implementation of AB 939 . Several issues remained unresolved, however, and as a result of these concerns, the Waste Management Authority adopted a resolution committing to review funding and planning issues concerning Integrated Waste Management. The resolution also provided that the Authority would consider amendments to the JPA to address the concerns of the member agencies. Mr. Rankin advised that a draft JPA which was included as part of the Staff Report and identified changes from the document previously adopted by the City. Mr. Rankin discussed general changes a, b, c, d and e, as listed in the Staff Report. Mr. Rankin discussed proposed modifications which may reflect policy concerns. These related to: 1) Appointment of Replacement Members on the Local Task Force (LTF) ; 2) Hazardous Waste Advisory Committee Section 5 (g) related to membership on the Hazardous Waste Advisory Committee; 3) Authorization for Waste Management Authority to Levy Hazardous Waste Fees; and 4) Lack of Individual Agency Input and Oversight for the Imposition of Fees by Waste Management Authority. Mr. Rankin requested that the Council provide specific direction and asked if the Council supported the change in the confirmation process for Local Task Force appointments. Cm. Moffatt stated regarding the fees being collected locally, the majority of discussion in the Waste Management Committee centered around the fall through in SB 14 which indicates that large generators of hazardous waste are being fined, or rather different kinds of fees can be collected from them. With small generators, this is not the case. It must be anything over 4, 000 pounds. A solution would be for cities through their ordinances to develop a fee structure for these types of small generators. There are 2 distinct differences; those generators that fall under SB 14 and those that don't. Mr. Rankin advised that Staff had responded to those questions in the JPA. Cm. Moffatt felt that hazardous waste isn't generated by any one particular city, so you might need regional money coming in to maintain a certain site. The biggest users are the homeowners. Mayor Snyder advised that the County is dealing with setting up 3 regional facilities and this is already being addressed. Cm. Moffatt felt these plans are still being looked at. This might be a little premature until we hear what the plan is all about. / *A*A*A*A*A*A*A*/ *A L/ */ *A*A* *A*A*A*A*A*A*A*/ *^*A*^*A*/ *A*^*^*A*^*^*^ CM - VOL 1 0 - 45 4 Regular Meeting December 9, 1991 Mayor Snyder felt Cm. Moffatt was mixing apples and oranges. This doesn't relate to the other plan. He discussed the Tanner Plan. Alameda County has authority for plans which are beyond what is listed in the Draft JPA. Once the Tanner Plan is adopted, that committee goes away. Cm. Burton stated this seems to be very complicated. He complimented Staff for their work in trying to protect the City's interest. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council: 1) supported the proposed method of replacing members on the Local Task Force; 2) concurred that specific membership of the Hazardous Waste Advisory Committee needs to be reflected as required by Health & Safety Code Section 25135.2; 3) agreed that the JPA NOT authorize the Authority to collect fees; and 4) agreed to add new section to the JPA related to the procedure for the Authority to levy fees, giving the City more control over all fees levied. OTHER BUSINESS Upcoming Meetings (610-10) Mr. Ambrose reminded the Council of several upcoming meetings: Alameda County Transportation Committee, Tuesday at 2 : 00 p.m. ; East Bay Regional Park District Field Trip, 2 : 00 p.m. ; Dublin is hosting the Alameda County Mayors' Conference on Wednesday, December 11th at 6: 15 p.m. ; and DRFA meeting December 16th at 7: 30 p.m. BART Dublin/Pleasanton Extension (1060-30) Mr. Ambrose advised that the City received the $1.928 million from BART on Friday afternoon. The money was garnered to provide separate parking on both sides of I-580. Dublin now has one short and one long term loan agreement. Mr. Ambrose thanked Mr. Rankin for helping to complete this transfer of funds. Hazardous Waste Plan Workshop (850-60) Cm. Moffatt advised that CH2M Hill suggested that a workshop be held after the Solid Waste Board looks at the hazardous waste plan at the end of the month. Cm. Moffatt suggested holding a workshop about 1 hour prior to a Council meeting. Then, the following meeting the Council would adopt the Hazardous Waste Management Plan. He felt we should take advantage of this workshop. Mr. Ambrose advised that Staff would contact CH2M Hill and get the details. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 455 Regular Meeting December 9, 1991 Audit Committee Meeting (310-60) Cm. Moffatt asked if there was ever going to be an audit meeting. Mr. Ambrose stated he would be scheduling a meeting for sometime next week. Historic Preservation (910-40) Cm. Moffatt stated he would like to see Staff prepare a status report related to the offer to sell facilities to the City for presentation at the next Council meeting. Mayor Snyder stated the City has never discussed a willingness to purchase properties. Cm. Moffatt indicated that discussions with DHPA have been that any negotiations would have to be discussed by the entire City Council. Cm. Burton felt they should be prepared to bring their best offer to the City Council. Mayor Snyder stated emphatically that he didn't want the church because once it becomes a part of the City, it is no longer a church. Cm. Burton felt the Council should not comment at this stage. Staff was directed to put the topic on the next agenda. Library Task Force (940-60) Cm. Burton stated he would like to discuss how to proceed with the appointments of 2 citizens at large and the business person on the Library Task Force study. There will also be a representative from the School District and from the Library Corporation. Mr. Ambrose advised that Staff planned to contact all the organizations and request them to nomimate. The City could also advertise the at large positions with a display ad in the newspaper. Ms. Lowart advised that she will be meeting with the County Librarian and publicity for the openings will probably start in December with a response time in January. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 456 Regular Meeting December 9, 1991 Second December Council Meeting (610-10) Cm. Burton brought up the subject for discussion related to the possibility of cancelling the December 23rd City Council meeting. Mr. Ambrose gave a summary of items which will need to be discussed at a second meeting in December. He stated the Council could change the date of the meeting if there was a more convenient time. Cm. Howard suggested meeting during the day on December 23rd. Cm. Jeffery suggested that perhaps this would encourage the Councilmembers to be succinct. Mayor Snyder indicated he had marked his calendar well in advance and was prepared to meet on the 23rd. No change in date or time of the December 23rd meeting met with a consensus, so the meeting will be held at the regular time. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11: 32 p.m. Mayor ATTEST: City Clerk A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A L/ *A* CM - VOL 10 - 4 5 7 Regular Meeting December 9, 1991