HomeMy WebLinkAboutItem 4.01 Approve 02-24-1992 Minutes (2) REGULAR MEETING - February 24, 1992
A regular meeting of the City Council of the City of Dublin was held
on Monday, February 24, 1992, in the Council Chambers of the Dublin
Civic Center. The meeting was called to order at 7: 30 p.m. , by Mayor
Snyder.
ROLL CALL
PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor
Snyder.
ABSENT: None.
PLEDGE OF ALLEGIANCE (610-20)
Second Class Scout and Patrol Leader Jim Hybl, from Troop 905 led the
Council, Staff and those present in the pledge of allegiance to the
flag.
Jim stated he had been in Scouts since June. He has been to summer
camp and participated in a few other activities.
CUSTOMER SERVICE AWARD FOR MARCH (150-90)
City Manager Ambrose presented the March Customer Service Award to
Bonnie Leonard, Recreation Coordinator in charge of the Senior Center.
Bonnie consistently provides exceptional customer service to the
seniors of our community, whether it be a cheery greeting or a
sympathetic ear.
Bonnie was presented with a restaurant gift certificate and a mug
displaying the City's customer service motto.
FINANCE REPORT AWARD (150-20)
Ron Howard, with the City of Concord, representing the Government
Finance Officers Association presented a Certificate of Achievement
for Excellence in Financial Reporting from the Government Finance
Officers Association to the City of Dublin. He indicated that he had
seen this award in the past go to larger cities with huge staffs. A
separate award was given to Finance Director Phillip Molina. Mr.
Howard explained that this group was founded in 1906, has
approximately 11, 000 members, and is dedicated to the advancement of
professionalism in the area of government finance.
Mr. Howard advised that receipt of this Certificate of Achievement
represents a significant accomplishment for the City, its management,
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Regular Meeting February 24, 1992
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COPIES TO:
�\ ITEM NO.
and the Finance Department. The Certificate was awarded for the
City's Annual Finance Report for Fiscal Year 1989-90.
Mr. Molina stated that an award like this cannot be received without a
hardworking staff. He introduced 2 of the 3 members of his staff.
REPORT ON AVAILABLE WATER SUPPLY BY DSRSD AND ZONE 7 1000-10
Planning Director Tong advised that the City is presently undertaking
2 significant General Plan Amendment studies, and during the Planning
Commission public hearing on the Western Dublin GPA study, the issue
of water availability to serve the study areas was raised.
Mr. Tong advised that Staff had arranged for Dublin San Ramon Services
District and Zone 7 Alameda County Floodr Control & Water Conservation
District to make a presentation in order to provide the most accurate
information possible to date.
Bob Beebe, General Manager of DSRSD gave a report on how the
California water system works. Three-quarters of the State's water
runoff occurs in the northern part of the state and yet three-quarters
of the demand is in the southern part of the state. The Federal
Central Valley project delivers about 5 million acre feet of water per
year to about 3 million acres of farmland between Red Bluff and
Bakersfield. About 1 million acre feet is supplied to urban users
through water retailers such as the Contra Costa Water District in
Concord. . A second major northern California system is the State- Water
Project on the Feather River northeast of Oroville. This project can
supply 3 million acre feet in a normal year and it is from this source
that the Valley's water is imported. Zone 7 has the distinction of
being the first of 30 state water contractors to pump water out of the
California Aqueduct. Zone 7 has 2 treatment plants which filter and
disinfect the water. They also receive local runoff from Del Valle
and this water is then delivered to DSRSD for sale in Dublin. For 25
years, DSRSD's mission has been limited to retail service and water;
i.e. , making connections to new homes and businesses, reading meters,
billing customers. With the uncertainty of the summer of 1989 supply,
the DSRSD directed their Staff to begin looking for water to make the
current supply more reliable and to meet the demands of new customers.
Mr. Beebe stated as the City plans growth, the District is determined
to provide water and wastewater services. As a state water
contractor, Zone 7 is probably in a better position to seek new water.
Further, 2 separate water systems are not really needed in the Valley.
Zone 7 is now considering policies that could meet the need for new
supplies, of water. The District will continue to put out feelers to
find where there may be water available, but they will not make
commitments so long as Zone 7 makes progress toward finding new
sources of water.
Mr. Beebe stated with regard to water service to West Dublin, water
service to the planned 3, 260 homes will require about 1, 200 acre feet
of water per year. They sold 3 ,950 acre feet of water to the City of
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Meeting February 24, 1992
Dublin in 1990 and 3 , 570 acre feet last year when they were urging
conservation. Recycling of treated wastewater from the District's
plant will make a big difference between the amount of water required
in West Dublin and what would be needed to serve a like number of
homes in the central part of town. They feel they can easily serve
West Dublin with 1/3 less water than it would take here because of
recycling. West Dublin will actually use more recycled water than
they will produce, so this is a fine opportunity for good water
management here in Dublin. The recycled water would receive the same
filtration and disinfection treatment given drinking water and the
water will be safe for body contact. DSRSD is working with Zone 7 to
set conditions for recycling major portions of treated effluent, as it
becomes cost effective to do so in comparison with new water supplies.
Best Management Practices throughout the District are being
implemented to reduce the impact of expanding service.
Mr. Beebe explained that they suspect that California water costs in
the 90's may resemble gasoline prices in the 701s. Since last summer,
they have raised their water rates about 30%. They feel that the
District will remain financially healthy, provided they can continue
to see as much water as they did last summer. Water costs in western
Dublin may be higher than in the Valley. Developers may advance those
funds and then add them to the cost of a house; or another possibility
would be an assessment district that would pay the marginal cost of
bringing new water to the Valley. No matter how it's done, it will
not affect the cost of water to current residents, nor the reliability
of supply.
Tom McCormick, President of the Board of Directors of DSRSD stated
they clearly understand their responsibility to the City to provide
water to the City's planned needs. With or without the cooperation of
Zone 7, they intend to pursue and meet the need. They want Zone 7 to
assume the rightful role of wholesaler, and they wish to continue in
their role as a retailer. They are now looking for sources of water
and are actively planning and trying to widen the scope of the
recycling plan for the Valley that will add to that source. They
regularly discuss how to meet the planned needs and may have to create
their own source.
Board Member Georgean Vonheeder stated she echoed Tom's comments
regarding their commitment to providing services. The District's
Mission Statement is very clear, and their Board is highly committed
to being utility providers and understands that the planned growth
that goes on is the responsibility of the City that it serves. As the
City, develops to the west and to the east, it will be their
responsibility to provide services to those areas.
Mr. Sandy Figuers, Chairman of the Zone 7 Board commended the DSRSD
Board for staying out of land planning and being in water service. He
explained that they are the water wholesalers for the entire Livermore
Valley area, covering the entire eastern portion of Alameda County.
They currently supply about 40, 000 acre feet of water per year to
their customers. Last year, the State supplied them with only 10% of
their normal allotment. They discovered that they did not have the
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Regular Meeting February 24, 1992
capacity to supply the entire Valley from the groundwater basin.
Parts of Livermore were supplied strictly through the canal system.
This situation has been remedied, both through the addition of piping
infrastructure and the addition of new wells to allow peak capacity
pumping during the summer. It appears that this year, the State will
be giving them 20% of their current requested supply. This could
increase to 30% or greater if we have March rains. They have
currently added approximately 3 , 000 to 4, 000 acre feet of extra
storage in Del Valle Reservoir, and are currently running 100% of that
runoff water through the water supply system, saving the State
supplies until later in the year.
Mr. Figuers stated they expect water supplies to be similar to last
year, and will probably be requesting voluntary reductions of about
15-20%. Last year, they requested 20-25%. A current copy of water
supply projections was passed out. They currently serve about 50, 000
dwelling units, or 130, 000 people. Their current system maximum
supply capability is approximately 70, 000 dwelling units. Based on
current discussions of numbers, the demands will exceed their ability
to supply water within the next 10 years. As we get closer to the
ultimate limits of their system, they also lose flexibility.
Mr. Figuers indicated he felt the cheap water era is coming to an end.
The problems are both technical and political. Zone 7 must know how
many people they will be required to serve. The next problem is where
do they get new water. The whole State is having to deal with these
problems. Storage will probably require a reservoir in the upper Del
Valle area, and also a treatment plant, double the capacity of current
systems. A preliminary cost analysis is in the $200-$400 million
range. This would necessitate an increased connection fee of between
$4 , 000-$8, 000 per new house, from the current fee of approximately
$850. This new type system will require 10 to 12 years lead time so
if they are to start building new infrastructure and getting new
water, it needs to begin within the next year or two.
Mr. Figuers discussed the political question of whether water should
be used to control growth. Both sides of the question have good and
bad points. They have members on their Board who represent both
sides. Their attorneys have advised them that there is no legal
problem or restriction preventing them from supplying water outside
the Alameda County boundaries.
Cm. Jeffery questioned how he characterized Zone 7, as a provider or a
planner. Her constituency has asked her this.
Mr. Figuers stated they are legally required by their charter to
provide water, and he could not give a pat answer to this question. A
historical summary was given of how Zone 7 came into being in the late
501s. He felt the voters should have a say regarding major increases
in infrastructure as they will be paying for it. It's an unclear
issue as far as where the official request comes from for them to
double their water system size.
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Regular Meeting February 24, 1992
Cm. Burton requested comments on whether he felt the Board members
were elected on the basis of their strategy on planning, or their
strategy and knowledge of water.
Mr. Figuers replied that the Board members seem to have every spectrum
represented and the answer would have to be yes and yes.
Cm. Moffatt asked if Zone 7's decisions could be overturned by the
Board of Supervisors.
Mr. Figuers advised that even though they are an elected Board, they
are not completely independent. Their decisions are reviewed by the
Board of Supervisors. They do have the ultimate authority, but he was
unaware that the Board of Supervisors had ever overturned one of their
decisions.
Cm. Jeffery felt it would be helpful to note that most of the cities
look to Zone 7 as a provider, not a planner.
Mr. Figuers agreed, but he questioned how the planners come up with
their numbers.
Cm. Jeffery advised that this is not their problem, but the City's.
Planning Commissioner Lee North questioned with regard to the
projected increase of about 51, 000 dwelling units, how soon Zone 7
would know how they're going to provide water. The City will be
making plans in the next year or so for the next 20 years.
Mr. Figuers stated he could not guarantee that there will be water for
that many people. Potential recycled water sources have been
discussed. The way things are in the water business today, you can
have a project brought on line and constructed, and still not get the
water. Right now, they have approximately 20, 000 slots left in their
system. Basically, the first projects that come through will have a
much better change of getting those slots.
In summary, Mr. Figuers stated that he understood that it's difficult
for a planner to plan things for the future when they can't give a
firm answer, but Zone 7 will do the best they can.
TRI-VALLEY WASTEWATER AUTHORITY (TWA)
EXPORT SYSTEM ENVIRONMENTAL DOCUMENT REVIEW (1030-70)
Public Works Director Thompson advised that in 1986, the sewer
providers in the Valley formed a JPA, Tri-Valley Wastewater Authority
(TWA) , to plan and construct additional facilities to serve the future
needs of the member agencies. These agencies include DSRSD, the
Cities of Livermore and Pleasanton, and Alameda County. A solution
for increasing the capacity of the export line to San Francisco Bay
was proposed in the past, but that solution ran into some political
and environmental problems. New solutions have been explored, and an
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Meeting February 24, 1992
updated environmental document has been prepared for release to the
public.
Mr. Thompson introduced Bob Whitley, General Manager, who explained
that the new Environmental Report covers 3 physical alternatives: 1)
The preferred alternative is to export future untreated wastewater
north along the Southern Pacific right-of-way to the Central Contra
Costa Sanitary District's system. 2) The second alternative would
pump treated wastewater west over the Dublin Grade to the edge of the
Bay, where it would connect to the existing East Bay Discharger's
Authority (EBDA) and then to EBDA's existing outfall into San
Francisco Bay. 3) The third alternative is the same as Alternative 2
except that it would have its own outfall to San Francisco Bay. A
fourth alternative is the "no project" alternative.
Mr. Whitley advised that no decision has been made to go with any one
of the alternatives. TWA is, however, working very closely and
confidently with representatives of Central Contra Costa Sanitary
District to outline a possible business relationship between the 2
agencies. Their intention is that the EIR be certified as being
complete and it can then be used for the decision making process.
Mr. Whitley discussed the capacity allocation and how the limitations
within the TWA project might be handled. The arrangement with Central
San is that they have offered that up to 40 million gallons a day of
peak wastewater flow can be conveyed through their system. It has
been projected in the EIR that at the ultimate build-out of
prospective general plans for all of the cities in the County's area,
that over 200 million gallons a day would be generated. A question of
how a capacity of 40 MGD would be split between member agencies would
have to be determined by the member agencies of TWA, DSRSD serving
Dublin. TWA adopted a resolution at their meeting last week which
addressed how capacity would be distributed among the member agencies.
As long as the figure is less than 26. 1 MGD of capacity as identified
in the EIR, the problem is relatively simple. If it adds up to more
than 26.1, they will attempt to work out discrepancies at a staff
level. If they are unable to work it out, it would then be referred
to the Board of Directors. The resolution outlines four triggering
events as to when the member agencies must take some actions. The
first is that if there would be an overflow event in the member
agency's jurisdiction, there would be an overflow event within the
District's jurisdiction. This being the case, the District would have
to build. additional facilities. The second would be if there is an
overflow event in another jurisdiction, but that the District was at
75% of its existing dry weather flow capacity. In that case, both
agencies would have to build additional facilities. The third would
be that the District would be at 75% of its capacity and TWA's total
capacity would be at 50%. The fourth would be that the District would
be at 75% of its capacity and the peak flow through TWA's system
exceeds 30 MGD. The 75% criteria comes from what is required by the
Regional. Water Quality Control Board for the planning and expansion of
wastewater facilities for treatment and eventual disposal into the
receiving waters.
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Mr. Whitley discussed a final point of decision making related to
financing. First of all they must plan for phased construction to
match the needs of the communities. They will defer debt until it's
absolutely necessary. They don't wish to go into debt until such time
as a project is approved and ready to go.
Mr. Whitley stated TWA recognizes the primacy of the City and County
as far as the General Plan process. Their objective is to serve the
needs of the member agencies and to serve the needs of the General
Plans. Dublin's anticipated capacity needs for the east and west
Dublin planning areas need to be transmitted through correspondence
with DSRSD. In a couple of months, they will be going through a
formal capacity allocation process.
Mr. Whitley stated that even though TWA's program does have
limitations as to peak hydraulic flows to leave the Valley, it is
workable. It will require planning for future facilities which are
typically not included in the land use planning process. Items such
as wetwater storage reservoirs, recycling, and flow reduction measures
need to be incorporated in the future land use plans.
Cm. Jeffery asked for a clarification about whether or not storage
facilities would be underground.
Mr. Whitley stated they would be predominantly underground. The
design criteria would be left up to the member agency for other types
of basins and storage reservoirs which would be upstream and in local
jurisdictions. An underground facility does add costs.-
Mr. Figuers asked him to discuss the anticipated costs of the system.
Mr. Whitley advised that the preferred alternative with Central San
and for the end Valley facilities of TWA alone is about $43 million.
This excludes all future costs from Central San and local costs for
conveyance and storage, recycling, whatever is necessary to reduce
peak flows. A total cost is not known at this time.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council authorized the Mayor to send a letter expressing
City Council support of the development of expanded sewer capacity to
Dublin's planning areas.
ADDITION OF ITEM TO AGENDA (410-40)
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council added an item to the New Business section of the
agenda related to Parcel Map 6097 .
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Regular Meeting 0 E E
February 24, 1992
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Regular Meeting of February 10, 1992 ;
Received a monthly status report on the existing non-conforming signs
identified on the Non-Conforming Sign Summary List (400-30) ;
Adopted
RESOLUTION NO. 16 - 92
APPROVING FINAL MAP
TRACT 5616 BRIGHTON MEADOWS (410-50)
and
RESOLUTION NO. 17 - 92
ACCEPTING PARKLAND IN-LIEU FEE
TRACT 5616 BRIGHTON MEADOWS
Received a Financial Report for the month of December, 1991 (330-50) ;
Received a Financial Report for the month of January, 1992 (330-50) ;
Referring to the Police Services Annual Report, Cm. Burton had
questions related to Patrol Officers initiating more contacts with,
suspicious persons. He was concerned about how and the manner in
which these contacts were made.
Chief Rose explained that we now have an automated system in place, so
there is actually a better means of gathering the data. The time and
place or location of events can't really be defined.
Mayor Snyder stated he thought this was more the officer's discretion.
Chief Rose stated there had been no sign of complaints .
Received Dublin Police Services 1991 Calendar Year Report (580-60) ;
Adopted
RESOLUTION NO. 18 - 92
APPROVING AN AMENDMENT TO THE
ALAMEDA COUNTY SOLID WASTE MANAGEMENT PLAN
(CONTRA COSTA COUNTY IMPORTATION TO
ALTAMONT LANDFILL) (810-50)
Received a report on the status of legislation with regard to Tri-
Valley Affordable Housing (430-80) ;
Approved Warrant Register in the amount of $497, 940. 05 (300-40) ;
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Meeting February 24, 1992
Cm. Jeffery questioned if Staff had asked for help from Federal
Legislators on the Census issue.
Mr. Ambrose advised that Staff had numerous actions of correspondence
and followed their required procedures. Some inroads were made, but
not as much as was hoped for.
Cm. Jeffery stated she felt Dublin should not take this lying down.
We should accept the report but send letters to our federal
legislators. We need to scream about this loud enough that the census
becomes an accurate document that we can use.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council received a report on the accuracy of the 1990 Census
(420-60) and directed Staff to send a letter to federal legislators.
PUBLIC HEARING - REQUEST FOR STOP SIGN & CROSSWALK
INSTALLATION ON LANCASTER ROAD @ ANN ARBOR WAY (590-40)
Mayor Snyder opened the public hearing.
Carl Springer with TJKM presented the Staff Report and advised a
letter and petition had been received from Ms. Rose Deming, requesting
that the City consider installing stop signs and a crosswalk on
Lancaster Road at the intersection of Ann Arbor Way. The Traffic
Safety Committee subsequently studied the intersection, and Ms. Deming
was advised that Staff recommended against the stop sign installation
because the vehicular volume at this intersection falls far short of
the minimum warrant. There have been no accidents at this
intersection, and with regard to visibility, Lancaster Road is a level
street with clear visibility in both directions for well over the
warrant of 160 feet. A speed survey revealed an 85th percentile speed
of 22 mph westbound and 26 mph eastbound. Ninety percent of the
vehicles recorded were traveling under 25 mph.
As pointed out in the Staff Report stop signs are not an effective
means of speed control. A pedestrian or bicyclist, particularly a
child, may feel falsely secure crossing the street at a stop
intersection when, in fact, an oncoming vehicle may not come to a
stop. Additionally, drivers who develop a habit of ignoring
unwarranted stop signs may also ignore stop signs that are warranted.
Stop signs also add to the pollution problem by increasing the amount
of gasoline used by cars in starting and stopping rapidly. Crosswalks
exist within a block or two of the Lancaster Road/Ann Arbor Way
intersection, and Staff recommended that children walking to either
Frederiksen or Wells School utilize the existing crosswalks.
Cm. Jeffery questioned if perhaps this could be one particular speeder
in the neighborhood.
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Regular Meeting February 24, 1992
Mr. Springer stated this could be the case, but their observations did
not bear this out.
Cm. Jeffery discussed the fact that our warrants are much less than
those required by the State. The actual total comes up to only about
10% of our required level.
Cm. Moffatt questioned if the survey was made in just one day.
Mr. Springer stated it was done during a typical weekday. Traffic
counters are left out for the whole day. The devices can also measure
vehicle speeds.
Rose Deming stated than an Officer pointed out to her that Lancaster
basically runs parallel to Amador Valley Boulevard and there's about
24 houses along that stretch. This is often a secondary route taken
to avoid Amador Valley Boulevard. Kids have to go all the way down to
the end of 24 houses to make the crosswalk. She advised that the
situation is not just one speeder. Most everyone she asked signed the
petition. She questioned if there needed to be 5 accidents occur
before a stop sign can be put up.
Dave Hanks stated he moved down here in January from Tacoma, where
people do stop at stop signs. It may be true that a lot of people
don't stop at signs. The traffic counters were right in front of his
house and he thought the counts were done several months ago. He felt
the issue was not so much kids during school hours, but cars going
fast. It is mostly high school students with their music loud. Even
though the report says that stop signs will not slow people down, he
stated he has a hard time believing this.
Ms. Deming mentioned the use of speed bumps and felt that stop signs
would be preferable to speed bumps.
Cm. Burton stated they did the right thing in presenting this for
consideration, but they must understand that the City has a lot of
experience with stop signs that don't work. A rule of thumb doesn't
necessarily hold true. A lot of people want stop signs.
Ms. Deming turned in 3 letters from people who couldn't attend the
meeting. She stated there are a lot of people behind her and she
would not be satisfied if the City Council turns. down this request.
It is an accident waiting to happen.
Cm. Jeffery discussed a situation where the City had put in 2 stop
signs, both in areas that are near the high school. People are unable
to back out of their driveways and many times, the stop signs are
ignored. Someone backing out cannot count on an oncoming vehicle
stopping at the sign. She stated she lives right next to a stop sign
and the increase in noise is extremely annoying. Also, she pointed
out that the speeders that are going to get caught will be the
neighbors. This is what has happened in other areas, when we monitor
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Regular Meeting February 24, 1992
the signs. She questioned if there was a break between the houses on
Ann Arbor Way where kids could cross instead of playing in the street.
Kids must go to the corner anyway to get to the school.
Mr. Hanks pointed out that this would necessitate them crossing 2
courts.
Ms. Deming questioned if the money was a problem.
Mayor Snyder explained that Staff must insert the costs in the report
and advised that costs are not a problem. What must be considered is
what is the safest route for children going to school. This is why
crosswalks are placed where they are. The City and the School
District jointly make these decisions.
Mayor Snyder closed the public hearing.
Cm. Moffatt felt that if the people perceive that there is a danger,
it should be considered.
Cm. Jeffery pointed out that the petition has a lot of names of people
on it that live on Ann Arbor Way, but the problem is on Lancaster.
Cm. Burton stated the perception is there, but the numbers aren't.
Mayor Snyder stated he would rather see a surveillance situation.
They will find that a stop sign is not the answer to the problem. A
greater problem is the false sense of security at crosswalks, -and stop
signs are not the way to watch out for our children.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority
vote, the Council granted the request to put in stop signs. Cm.
Jeffery and Mayor Snyder voted against this motion.
Cm. Jeffery suggested that Chief Rose assign an Officer to patrol this
area.
PUBLIC HEARING - DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT
APPROVAL OF ENGINEER'S REPORT AND AWARD OF CONSTRUCTION BID (360-40)
Mayor Snyder opened the public hearing.
Public Works Director Thompson presented the Staff Report and advised
that this assessment district will partially finance the Dublin
Boulevard Extension and will allow properties that benefit from
improvements to be assessed a portion of the costs based on the
benefit to those parcels. Costs that are not directly benefiting
properties in the District will be contributed by the City of Dublin
through a loan from BART, with the expectation that these costs will
be recovered through offsite fees and/or future assessment districts
which include properties that benefit from the improvements.
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Regular Meeting February 24, 1992
Mr. Thompson advised that construction bids were opened on
February 13th, and of the 10 bids submitted, Les McDonald Construction
submitted the low bid of $1, 084,925. 60.
Mr. Thompson explained that the notable differences between the
estimates of January 21st and currently are that the construction bid
was approximately 35% below the Engineer's Estimate, and John Moore is
dedicating the right-of-way on his Chabot Road parcel instead of
including it in the District.
The Assessment District spread, based on the revised Engineer's
Report, is proposed to be:
1) B.J. Dublin Commercial (Moore's Tract 5900) $1,898, 672
2) Vangelatos, et.al. (Chevron parcels) 236,549
3) Nohr (Curtiss Dodge) 144, 990
4) Dublin Commercial II (Old U-Haul Parcel on Chabot Rd) 69, 789
5) City of Dublin Contribution 2 , 861,826
$5, 211, 826
Mr. Thompson explained that this is the time and place set for
property owners within the District to protest their inclusion in the
District or the method of assessment spread. If the protests are
overruled and the District goes forward, the participants in the
District will have 30 days in which to pay their assessments or
dedicate their right-of-way. If the property owners choose to do
this, their assessments would be reduced accordingly and they would
save the cost of issuing and financing assessment bonds.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council adopted
RESOLUTION NO. 19 - 92
APPROVING AMENDED ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
and
RESOLUTION NO. 20 - 92
AUTHORIZING CHANGE ORDERS
and
RESOLUTION NO. 21 - 92
AWARDING CONTRACT TO LES MCDONALD CONSTRUCTION
AT BID PRICE OF $1, 084,925. 60
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Regular Meeting February 24, 1992
PUBLIC HEARING - ORDINANCE AMENDING MUNICIPAL CODE SECTIONS
RELATING TO RIGHT-OF-WAY DEDICATIONS AND IMPROVEMENTS (670-40)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that this item, which was
introduced at the February 10th Council meeting, would enable the City
to require dedication and/or improvement of right-of-way if a proposed
project will result in an increase in traffic generation and/or affect
public safety in connection with construction, reconstruction or
remodeling.
Mr. Thompson advised that on February 10th, the City Council adopted
Resolution No. 14-92 which establishes guidelines for comparing
"existing" traffic to "new" traffic. This Resolution will become
effective upon the effective date of the proposed Ordinance.
Mr. Thompson stated that as part of both the existing and proposed
Ordinances, there is a provision for Staff to bring to the City
Council cases for which Staff determines that the required dedication
and improvements are in excess of that reasonably related to the level
of the increased traffic. Staff will recommend the obligation be
reduced based on the level of increased traffic. The Council may
authorize the issuance of a building permit upon receipt of an
agreement defining the reduction. This agreement may include
provision for City participation in required right-of-way and
improvements.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council waived the reading and adopted
ORDINANCE NO. 4 - 92
AMENDING SECTIONS 7.72.020, 7.72. 040 AND 7.72 . 080
OF THE DUBLIN MUNICIPAL CODE
REGULATING RIGHTS-OF-WAY DEDICATION AND IMPROVEMENT
PUBLIC HEARING
HANSEN HILL RANCH PROJECT DEVELOPMENT AGREEMENT (600-60)
Mayor Snyder opened the public hearing.
Planning Director Tong advised that on February 10th, the City Council
held a public hearing on the Hansen Hill Ranch Development Agreement
and adopted a Negative Declaration for the project, waived the reading
and introduced an Ordinance approving the Development Agreement.
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CM - VOL 11 - 79
Regular Meeting February 24, 1992
Mr. Tong advised that the Donald L. Bren Company, represented by
Michael Toohey, is the developer of the 180 unit Hansen Hill Ranch
project. The proposed contract would extend the project approval for
8 years. The Developer would provide the City with various items,
including: $150, 000 for affordable housing; park fees by April 1,
1992; public access to the Martin Canyon Creek area; and a gravel
trail next to the creek.
Dr. Harvey Scudder, 7409 Hansen Drive, stated he felt there should be
some kind of a plan between the Planning Commission and City Council
for the management of open space areas. It is a disgrace, the amount
of rubbish up in this area. If it is opened up to the public, he was
fearful that it will become a dumping ground.
Mayor Snyder closed the public hearing.
Cm. Moffatt questioned if the fire trail will be open for public
access.
Mr. Tong responded that it is for emergency vehicles only at this
point, and could be used as a hiking trail.
Mr. Ambrose advised that it could be used for emergency response and
maintenance.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council waived the reading and adopted
ORDINANCE NO. 5 - 92
APPROVING A DEVELOPMENT AGREEMENT FOR THE
HANSEN HILL RANCH PROJECT
PUBLIC HEARING
MUNICIPAL CODE ORDINANCE AMENDMENT - MANAGEMENT AUDIT (420-20) '
Mayor Snyder opened the public hearing.
Planning Director Tong advised that on February 10th, the City Council
held a public hearing and adopted a Resolution approving the Negative
Declaration, waived the reading and introduced an Ordinance amendment
related to the Management Audit recommendations. The amendment
relates to Planning Commission, Planning Director and Zoning
Administrator authority, Administrative Conditional Use Permits,
Conditional Use Permits, Parcel Maps, Signs, Site Development Review
and establishing a new Zoning Clearance process.
Cm. Moffatt questioned if a CUP permit normally has a time limit or if
it is for an indefinite time.
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CM - VOL 11 - 80
Regular Meeting February 24, 1992
Mr. Tong advised that the direction that Staff received was that in
normal cases, the CUP would be perpetual and indefinite. A standard
condition would be that if there was a violation of the conditions of
approval, it would be subject to possible revocation of the permit.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote, the Council waived the reading and adopted
ORDINANCE NO. 6 - 92
AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE
AND ZONING ORDINANCE RELATING TO
CONDITIONAL USE PERMIT, ADMINISTRATIVE CONDITIONAL USE PERMIT
AND SITE DEVELOPMENT REVIEW PROCESS
LIVERMORE AMADOR VALLEY MULTIPURPOSE ARTS CENTER STUDY (900-40)
Assistant to the City Manager Texeira presented the Staff Report and
advised that in October of 1989, the City of Dublin joined with the
Cities of Pleasanton and Livermore and the South County Community
College District to participate in a valleywide performing arts center
feasibility study committee. In December, representatives from .each
participating agency met with the chosen consulting firm, Grant
Thornton International, to fine tune the proposal. The other 3
agencies have expressed approval of a modified proposal. The
Committee requests a decision by the City of Dublin as to whether or
not Dublin wishes to continue to participate in the study.
Ms. Texeira explained that should the City of Dublin choose to
discontinue participation in the study, the remaining agencies will
work with the Consultant to scale down the proposal to meet the
reduced budget of $60, 000. If the City chooses to continue
participation in the study, the City Council should consider approval
of the proposal submitted by Grant Thornton and release the allocated
funds ($20, 000) . It is estimated that the study will take
approximately 90-120 days to complete, thus, most of the funds would
likely be expended during Fiscal Year 1991-92 .
Cm. Jeffery advised that those who represented Dublin tried very hard
to get some things put into the contract, but unfortunately, the way
it is designed, it talks only to the non-users. She recommended that
Dublin get out of the process at this point in time. She did not feel
that they are concerned with a true needs assessment. The Dublin Fine
Arts Foundation met and they took a strong position that we not
participate in this. She, therefore, supported backing out at this
time.
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CM - VOL 11 - 81
Regular Meetinq February 24, 1992
Mayor Snyder stated he agreed. In reading through the information,
the consultant was willing to work with whatever amount of money that
was available. We need something that is objective rather than
subjective.
Cm. Burton stated this seems like a study that will not be productive
for us right now. We have some serious budget problems and he
supported getting out.
Cm. Jeffery stated she would like to see us do something artwise in
the future.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council directed Staff to notify the appropriate personnel
that Dublin chooses not to participate further at this time on the
Livermore Amador Valley Multi-Purpose Arts Center Study Committee.
I-680 RETAINING WALL AESTHETIC REVIEW (800-30)
Public Works Director Thompson advised that several months ago, the
City Council reviewed a Caltrans design for a soundwall along the west
side of I-680 from a point just south of Amador Valley Boulevard,
north about 2 , 900 feet to the Valley Christian School playground. The
Council reviewed and approved the proposed design, but requested that
the westerly face of the retaining .wall be colored and textured to
complement the soundwall.
Mr. Thompson advised that in response to the City's request, Caltrans
is proposing to color the retaining wall concrete tan to match the
majority of the soundwall and to place rubber form liners against the
wall. forms to give a simulated split-face block wall pattern, similar
to the soundwall face. The finished structure would consist of the
tan simulated block retaining wall to a height of 121 , a 3 ' gray
concrete vehicle barrier,. and a patterned, colored soundwall up to 11'
on top of the vehicle barrier. This treatment has been used by
Caltrans along I-680 in Alamo. The wall face will be the permanent
freeway view from the backs of houses on Ironwood Drive & Court, Honey
Court, and from the Lutheran Church of the Resurrection.
Mr. Thompson passed out a photograph and shows slides.
Cm. Burton confirmed that if we had not said anything, we would have
gotten just a concrete wall.
Mr. Thompson responded yes.
Cm. Moffatt questioned the total height.
Mr. Thompson advised that the whole thing together is about 141 , plus
121 , so it will be about 25' or 26' at the highest point.
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CM - VOL 11 - 82
Regular Meeting February 24, 1992
An unidentified member of the audience expressed concern that it will
be built up above the creek and will turn into a big graffiti wall.
It would probably have been better to just put up a smooth wall and
grow ivy on it.
Mr. Thompson advised that it has been about 7 years since we first put
up the soundwalls which are near the high school, and we have had only
2 minor problems with graffiti.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote, the Council approved the design and authorized the Mayor to send
a letter informing Caltrans of the City Council's decision.
TRI-VALLEY COMMUNITY TV CORPORATION
PROPOSED PROCESS TO FILL VACANCY ON BOARD (1050-50)
Assistant City Manager Rankin advised that the Cities of Dublin,
Livermore, Pleasanton and San Ramon formed the Tri-Valley Community
Television Corporation (CTV) as a non-profit entity to oversee
community access programming. Claudia McCormick, the City's
representative on the CTV Board of Directors has submitted a letter of
resignation. Each City has 2 appointments to the Board.
Councilmember Howard serves as the City's second appointment. In
addition, the Board appoints 3 at-large positions. Recently, the
Board appointed Radi So__dhi, a Dublin resident to fill one of the at-
large positions.
Mr. Rankin advised that Staff recently contacted Dublin residents who
had expressed an interest and also advertised in local newspapers.
One person thus far has advised that they are still interested.
Staff suggested that additional advertising be done and that the City
Council appoint a sub-committee to interview any interested
applicants. The sub-committee would make a recommendation to the City
Council at a future meeting.
Cm. Jeffery requested that Claudia McCormick be sent a thank you
letter for serving on this committee and also suggested that she be
given one of the round City pins used for volunteer recognition.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council directed Staff to advertise the vacancy and
appointed Cm. Howard and Cm. Jeffery to the City Council sub-committee
to interview interested residents.
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CM - VOL 11 - 83 Meeting February 24, 1992
BASEBALL DIAMOND @ MURRAY SCHOOL (280-30)
Recreation Director Lowart advised that funds were included in the
1991-92 Budget for the construction of a 90' practice baseball diamond
at Murray School. The project was to be constructed utilizing
volunteer labor from Dublin Little League and the City was to provide
the materials and project supervision. Funding of $19, 100 was to come
from the City's General Fund. In January, the City Council received a
report which identified a potential deficit of $431, 380 in the General
Fund. Consequently, the 90' baseball diamond was included on a list
of potential items which could be removed or deferred to a subsequent
year.
Ms. Lowart advised that Dublin Little League subsequently submitted
construction plans and a cost estimate and has requested that the City
reconsider the funding for this project. A breakdown of the cost
estimate indicated $1, 200 for Public Works assistance, $21, 200. 30 for
improvements, and $1, 759.70 for optional equipment, total project
$24, 160.
Ms. Lowart advised that the City will be receiving unanticipated in-
lieu fees of about $21, 000 from the Brighton Meadows project.
Cm. Burton questioned what other projects would be eligible at this
time for the $21, 000.
Ms. Lowart stated these fees have to be spent to benefit residents of
that particular development. They could be used. at the Dublin High
School ball fields, at the Dublin Swim Center or the Dublin Sports
Grounds. It is for park or school projects.
Cm. Jeffery questioned if this is approved, would the recommendation
be that the optional equipment be purchased by the Dublin Little
League.
Ms. Lowart responded that it would be appropriate for DLL to purchase
the optional equipment.
Mayor Snyder questioned how this fits into the priority list.
Ms. Lowart advised that the Park & Recreation Commission looked at the
list and reprioritized all the projects. This project was given a
high priority.
Mr. Ambrose pointed out that the City Council also ranked it high.
Dale Skinner thanked the Public Works Department, the Park &
Recreation Commission, Staff and the City Council for all the efforts
to get this project up and running. Everyone has put a lot of effort
into this project.
Cm. Burton questioned if the volunteers were still lined up.
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CM - VOL 11 - 84
Regular Meeting February 24, 1992
Several of the volunteers were present in the audience and expressed
their enthusiasm to get started.
Ray Canada stated he was on the Board of DLL and advised that they
really need this field this year. With the way the City is growing,
this will just scratch the surface.
Cm. Burton asked how they felt about the optional equipment purchase.
Mr. Skinner stated he didn't feel this would be a problem.
Cm. Burton stated it should be known that this project would not have
been funded had the additional funding not come in at this time.
Cm. Moffatt asked when the project would start.
Mr. Skinner stated it will probably start as soon as he can get
together with his staff. It will be done by summer.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council authorized this project to move forward with the
exception that the optional equipment will not be purchased by the
City.
1992-93 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (480-30)
Senior -Planner Carrington advised that the City has participated in
the Alameda County Urban County Housing and Community Development
Block Grant Program since 1982 . In the current program year, CDBG
funds totaling $46, 803 were allocated to: 1) Minor Home Repair
$8,797; 2) Dublin Senior Center renovation $9, 225; 3) Dublin Housing
Authority/Arroyo Vista playground equipment installation project
$23 ,781; 4) Kaleidoscope Activity Center $5, 000.
Mr. Carrington advised that the total allocation to the City for
Fiscal Year 1992-93 is $4.9, 138. Of that total, $9, 308 must be spent
on housing rehabilitation and the remainder may be used for
Jurisdiction Improvement Projects. Staff recommended that
applications be submitted for: 1) Minor Home Repair $9, 308; and 2)
Dublin Swim Center Improvements $39,830. In addition, Staff
recommended that the City Council direct Staff to apply for an advance
on Fiscal Year 1993-94 CDBG funds (and other funding periods as
necessary) of $46,520.
Mr. Carrington discussed the Dublin Swim Center Bathhouse improvements
and requirements under the Americans With Disabilities Act.
Mr. Carrington discussed Staff's recommendation related to denying the
Kaleidoscope Activity Center's request for $5, 000 in funding to put
toward purchase of the property on which the Center is located. Staff
recommended denying this request because of the urgent need to
renovate the Swim Center bathhouse and because of the availability of
other sources of funding for Kaleidoscope.
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CM - VOL 11 - 85
Regular Meeting February 24, 1992
Mr. Carrington advised that applications must be submitted to County
HCD by February 28, 1992 .
Cm. Jeffery felt that other cities might be asking for advances also.
She asked if this would put us in a different situation where we would
have to compete for the money.
Mr. Carrington stated he was aware that Fremont will be requesting
$700, 000. It could be that other cities may be asking for advances.
Lane Bailey will be coming up with a procedure.
Mr. Ambrose advised that the County makes the decision on who will get
the money.
Cm. Jeffery expressed concern that we might lose a lot of money if a
lawsuit were to hit us on this.
Mr. Ambrose explained that the ADA guidelines which have been prepared
are not crystal clear.
Cm. Burton questioned if we provide transportation for the disabled to
optional facilities in Pleasanton, would this be considered providing
equal opportunity. This seems to open up a whole area. Can we
provide alternatives? Will this suffice?
City Attorney Silver advised that it may. There are guidelines, but
they don't address all situations.
Mr. Rankin advised that Staff is currently looking at the regulations
and we will need to look at all facilities owned by the City. Nothing
has been done to the bathhouse to improve the restrooms for handicap
access.
Cm. Burton felt it might not be appropriate to use this money for this
if there are alternatives available.
Mr. Ambrose stated if you offer a program or facility you have to
provide access to the handicapped to that program or facility. This
is Staff's understanding based on the ADA workshops.
Mayor Snyder pointed out that there is no requirement that everyone
who goes to the Dublin Swim Center goes there to swim. We provide the
facility and once the doors are open, everyone needs to be able to go
there.
Cm. Moffatt asked if the School District has any obligation to create
a handicap program at the Swim Center.
Mr. Ambrose advised that the DHS swim team swims there as part of the
educational program. The facility is the City's.
Ms. Lowart advised that it is our responsibility because we own the
facility.
CM - VOL 11 - 86
Regular Meeting February 24, 1992
Mike Huckins representing the Kaleidoscope Activity Center thanked the
City for supporting and making their expansion happen. It took them 4
years to raise $130, 000. They provide about 4 ,200 hours of services
to Dublin youth. They are requesting assistance to provide a
permanent home at 7425 Larkdale Avenue. After 10 years of building up
their program, to not receive support would be terrible. He gave a
history of their need to purchase the property. The School District
has presented a figure of $100, 000, but now feel they need to go
through an approval process. They do not have additional resources as
is assumed by City Staff. They will also be experiencing state
funding cutbacks. They raise about one-third of their annual program
costs through fundraisers. It is dismaying that the City Staff is
recommending that their request be denied. They are actually asking
for $20, 000 over a 2-year period. They need either CDBG funds now, or
for the City to help them negotiate a long term lease with the School
District.
Cm. Jeffery discussed the School District's demands. She indicated
she was not sure why he feels that the land will be pulled out from
under them.
Mr. Huckins stated if they don't purchase the property, they must
negotiate a long-term lease. A bid request must appear in the
newspaper and another group could see the ad, and because they are a
non-profit group, they might not be able to compete with some of the
other for profit agencies. An agency might want to buy it for a
daycare center.
Cm. Jeffery stated she is a very strong advocate of the Kaleidoscope
Activity Center and she felt that it would not be that difficult to
renegotiate a lease with the School District. She was sure that
something could be worked out.
Cm. Howard felt they should try negotiating first. If the School
District has to put it on the market, it has to go to closed bid. In
her discussions with Stanley, she did not feel they will have any
problems negotiating.
Cm. Moffatt questioned the length of their lease.
Mr. Huckins stated it expired in the Summer of 1990 and since that
time, they have been on a month-to-month basis. He stated they need
the City's support.
Cm. Burton stated he didn't like the City to have to balance the Swim
Center with Kaleidoscope. He was willing to take some risks and
provide alternatives for the Swim Center.
Mr. Ambrose stated the Swim Center is a very expensive operation for
the City.
Cm. Jeffery felt that some of the things we will have to provide
anyway.
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CM - VOL 11 - 87
Regular Meeting February 24, 1992
Cm. Moffatt asked if we are going to borrow future monies, why not
borrow money for Kaleidoscope.
Cm. Jeffery felt that they have not shown a real need that they are
being ousted. It could very well be that if it has to go to bid, they
might lose it. She was sure the School District Board would want to
discuss this first.
On motion of Cm. Jeffery, seconded by Mayor Snyder, and by majority
vote, the Council directed Staff to submit applications for $49, 138 in
CDBG funding for FY92-93 and for an advance of $46, 520 for FY93-94 and
other funding periods as necessary. Cm. Burton voted against this
motion.
APPROVAL OF PARCEL MAP 6097 (410-40)
Mr. Thompson presented the Staff Report which was added to the agenda.
The developer has, because of tax consequences, requested that the
Parcel Map 6097 (Office Club) be approved at this meeting.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote, the Council adopted
RESOLUTION NO. 22 - 92
• - APPROVING PARCEL MAP .6097
(OFFICE CLUB - DUBLIN COURT)
OTHER BUSINESS
Citizen/Organization of the Year (610-50)
Mr. Ambrose reminded everyone that the deadline for nominations for
the Citizen or Organization of the Year was Friday, February 28th.
Tri-Valley Joint Council Meeting (140-80)
Mr. Ambrose advised that the City of Livermore will be hosting the
next meeting of the Tri-Valley Joint Council on Thursday evening,
February 27th beginning at 6: 30 p.m. , at the Emperor's Garden
restaurant.
CM - VOL 11 - 88
Regular Meeting 0 N N
February 24, 1992
KKIQ Radio Station Open House (610-85)
Mr. Ambrose advised that the City had received an invitation to attend
the open house for KKIQ radio station on February 27th from 4 : 00 to
7 : 00 p.m. They apparently moved from Livermore to Stoneridge
recently.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 10: 40 p.m.
Mayor
ATTEST:
City Clerk
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CM - VOL 11 - 89
Regular Meeting February 24, 1992