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HomeMy WebLinkAboutItem 4.01 Draft Minutes 10-25-1993 (2) . . REGULAR MEETING - October 25, 1993 A regular meeting of the city council of the City of Dublin was held on Monday, October 25, 1993, in the Council Chambers of the Dublin civic Center. The meeting was called to order at 7:35 p.m., by Mayor snyder. * * * * ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. * * * * PLEDGE OF ALLEGIANCE Mayor Snyder recognized Kathy Carlson and Junior Girl Scouts Group #1840. Two Scouts led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * CUSTOMER SERVICE AWARD FOR NOVEMBER (150-90) Mayor snyder announced that the award which was to have been presented to 3 Police services employees: Detective Sergeant Dave DiFranco, Deputy Dennis Churich and Deputy Glen Melanson would be made at another time, at the earliest convenience. * * * * Police Crime statistics (580-60) Frank Ruskey stated he was very concerned about the increased crime in the City of Dublin which has increased 85%. There are new gangs forming in the City and dope going on in certain areas of the city. We should have a night here that the Chief of Police could corne in a talk about what we are going to do to make our streets safe. We have to do something about the crime. If we need to put on more policemen, then this is what we must do. We will know. in less than a month whether we will have any money to do this. He pointed out that we have reserved $800,000 in the budget. There are places in Dublin that the pizza parlors will not deliver after 9:30 p.m. We should form a Commission with one from the east side of town and one from the west side of town and they could answer to the Mayor. Almost every night there are calls about the Dougherty apartments. It would be real simple and easy to set this up. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 392 Regular Meeting October 25, 1993 ~. 4 COPIES TO: dw . . CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Received a status Report on the acquisition, renovation and operation of the Heritage Center (910-40); Directed Staff to send a termination notice to Alameda County Environmental Health Department terminating the original agreement related to the Horne Composting Program Compost Garden and authorized the Mayor to execute a new Agreement with the Alameda County Waste Management Authority (600-40); Approved Warrant Register in the amount of $486,328.13 (300-40); Received the September, 1993 Financial Report (330-50). Cm. Houston requested that the minutes be pulled from the Consent Calendar in order to discuss the item related to the formation of a Business Commission (beginning on Page 384). He had a copy of the letter which was sent to the Chamber of Commerce. It was his thought that the Task Force would investigate the merits of forming a Commission. The letter talks about things that weren't even talked about at the Council meeting; and they aren't addressed in the minutes. There needs to be a supplemental letter advising what the Task Force will do. It should be added in that this Task Force will look at the Business Commission, what it will do and whether or not it is a good idea. It was not mentioned that this is an economic development Task Force. They were just to discuss the formation. Mayor snyder disagreed and pointed out that the minutes are not verbatim. There were a lot of other issues beyond the scope of formation of a Commission. Cm. Houston felt it has to be included. A lot of time was spent talking about this. Mayor Snyder advised that they met with Chamber representatives to get started and this was discussed on Friday. He thought the direction was clear. Cm. Burton stated he agreed with Cm. Houston on the perception. It was his understanding we were going to take 6 months to look at how and if this should be done. We are now in the third year of his trying to put this together. We seem to be getting sidetracked. We should just emphasize that the Task Force is to look at an economic plan and how do we set up a Business Commission. We need to address this to see if it has feasible prospects. This was what the 6 months time was given for. The success of our businesses is as important as a Park & Recreation and Planning Commission. We have to know how to attract, maintain and enhance the business community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 393 Regular Meeting October 25, 1993 . . Mayor Snyder asked Kathi Schultz with the Chamber to comment on the meeting which was held on Friday. Ms. Schultz stated she felt the charge of the group was clear. Cm. Houston reiterated that it has to be mentioned. The minutes aren't even close. Cm. Moffatt felt the discussion centered more around an informal thing. The charge was to come up within 6 months as to the composition and goals that the group should look at. Information was distributed to the Council that he obtained from the recent League of California cities conference. They should look at what the big cities are doing; a steering commission could see which direction the business community, with the city as a partner, can do. Mayor Snyder suggested that Cm. Houston get together with Ms. Keck, the City Clerk to discuss the minutes if he felt they were inaccurate. They could be tabled and approved at a future meeting. Cm. Houston stated he did not understand why there is such a strong objection to adding formation of a Business Commission to the minutes. Cm. Howard felt the problem was not with the minutes, but with the letter. They have actually talked about it even though it is not in the letter. She felt it doesn't really matter. Mayor Snyder stated Staff could write a supplemental letter and send a copy to Cm. Houston. The letter would add the Business Commission as an area of study for this Task Force. On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the Minutes of the Regular Meeting of October 11, 1993 (as submitted) . * * * * LETTER FROM DUBLIN HISTORICAL PRESERVATION ASSOCIATION (DHPA) REGARDING ORIGINAL MURRAY SCHOOLHOUSE (910-40 & 600-30) Recreation Director City needed to take Murray Schoolhouse. granting an interim Lowart presented the Staff Report and stated the formal action on the acceptance of the original DHPA has requested that the City council consider lease to DHPA to operate the schoolhouse. Ms. Lowart discussed the conditions of the previous lease agreement between Dublin Cemetery and DHPA. The proposed modifications (by DHPA) for a lease between the city and DHPA included: 1) City waives the $500 annual rent payment; 2) city assumes responsibility for the upkeep, maintenance and repair of the schoolhouse and the grounds surrounding the schoolhouse; 3) city assumes responsibility for utilities, including but not limited to gas, electricity, water and sewage; 4) DHPA maintains responsibility for janitorial services for the interior of schoolhouse; 5) DHPA maintains responsibility for the upkeep, maintenance and repair of the water line installed by DHPA; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 394 Regular Meeting october 25, 1993 . . City has the right to use water as needed for maintenance and upkeep of Heritage Center. Ms. Lowart advised that Staff recommended that the city and DHPA share equally in the cost of utilities as both the City and DHPA derive a benefit. It was estimated that the cost to the city for utilities would be $75 per month. Staff pointed out that there is not a water meter on the Heritage Center grounds. Water is metered and piped from property that DHPA owns adjacent to the kennel on the opposite side of the creek. Staff recommended, therefore, that DHPA have responsibility for maintaining the water line. Ms. Lowart advised that the recently appointed Heritage Task Force is working to determine the best way to operate programs at the Heritage Center. Staff anticipates that their recommendations will be presented to the Council in February of 1994. As the city has not yet determined how the original Murray Schoolhouse should be operated, Staff recommended that an interim lease agreement be granted to DHPA. In addition to the terms and conditions previously identified, Staff recommended that the use of the schoolhouse be limited to those activities including meetings of DHPA and the Clampers, storage of artifacts owned or on loan to DHPA, and tours and open house for area residents and school children. Staff also recommended that DHPA maintain a $1,000,000 liability insurance policy which names the city as additional insured and is primary to any insurance carried by the City. . Georgean Vonheeder thanked the Council and Staff for getting to this point. This has actually been going on about 2 ~ years. They generally concur with the terms of the lease. Their concerns were monetary; they have limited funds left. They have quite a bit invested in the republication of virginia Bennett's book. with the increase in insurance costs and the decision to leave the outside lights on, the PG&E bill has been excessive. They have hopes of fundraising activities once the renovation is done. They have not yet paid this years rent of $500 to the Cemetery. Crn. Burton stated he had read that they have arranged with prisoners to paint the old school. Ms. Vonheederadvised that this is true. The City Council gave an amount of money a couple of years ago and they bought paint at that time. There are concerns on how the old paint should be removed from the exterior. They have held off to determine if structural repairs are needed. Cm. Burton questioned if this would affect the timing of the contracts. Ms. Lowart stated Staff will identify the high priority items of both buildings to determine if we can segregate certain portions of the work to volunteers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 395 Regular Meeting October 25, 1993 . . Cm. Burton felt this was an exciting time. The city now technically owns the cemetery, church and schoolhouse. On motion of Cm. Burton, seconded by Crn. Moffatt, and by unanimous vote, the Council accepted the donation of the original Murray Schoolhouse and approved and authorized the Mayor to execute the Interim Lease Agreement. * * * if STATUS REPORT ON SMOKING ORDINANCE REVISIONS (560-90) Management Assistant Barker gave an update on the status of the issue of strengthening the City's Smoking Pollution Control Ordinance which was brought before the Council by Cm. Moffatt several meetings ago. The Tri-Valley Council, comprised of representatives from the cities of Dublin, Danville, San Ramon, Pleasanton and Livermore are attempting to create a uniform smoking ordinance for all cities in the Tri-Valley area. On September 27, 1993, the Council directed Staff to distribute a survey through the Chamber of Commerce newsletter related to smoking pollution control. The intent of the survey is to determine the business community's attitude on strengthening the Ordinance. More than 350 surveys were mailed, and to date, only 38 have been returned. In addition, the Chamber of Commerce will be holding discussions related to the Smoking Ordinance on November 6th, and they have requested that the City defer the issue in order to allow the Chamber sufficient time to present its position to the city. Crn. Moffatt stated he thought it important that we get the survey information and important that we consult with the citizens and whoever else wants to talk about this issue. It is a health and liability issue that will certainly cost us all. He would like to table the issue until the Chamber discusses it. Catherine MUllin, representing the Dublin High School Band Boosters bingo games stated most of the people who play bingo smoke. If we banned smoking, they would have to fold and most of this money is for the kids. She also did not feel it would be good for other establishments in Dublin. This could cause a loss in sales tax. The City Council should consider other compromises. Crn. Moffatt advised that by the year 1996, the school grounds will have no smoking allowed. Smoking has been classed as a Class A_ carcinogen which is the same as asbestos so they are liable if anyone claims they carne down with asthma, heart attack, etc. The school will be responsible for liability. Crn. Burton stated he did not think the Council was going to debate this at this meeting, but rather just hear comments,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 396 Regular Meeting October 25, 1993 . . Ted Woy stated he had been a citizen of Dublin for 30+ years. The problem with the Ordinance is one of health issues exclusively. Anyone who is irresponsible enough to take this as an economic thing is not following the order of the situation. There are no proven tests that show businesses have lost any business by going to non- smoking. He would like to see anything at all written that shows this. The number of smokers is decreasing all the time. We can help all these people by utilizing our efforts to help them quit. Anyone who feels it is a political football is in error. The situation needs attention. Other cities have taken the ball and run with it. We have been lacking and he is somewhat ashamed of this. He questioned the deadline for when the surveys had to be in. Jim Gallagher, owner of Gallagher's Pub stated several cities have exempted bars from the smoking ordinance. He has smoked for 30 years and feels it will hurt them economically. They have a lot of sports events that last 3 or 4 hours and it would be very hard for smokers to go without smoking for this long. He has talked to his customers and a lot of them have indicated they will stop corning in if smoking is banned. He requested that the Council exempt freestanding bars. Frank Ruskey stated he had done some research on this. We all know the costs of respiratory problems caused by emission from cars and trucks. Therefore, let's ban all cars, except to and from work; you have to ride a bike. He read about how much money smoking costs the taxpayers of Dublin. But, what does AIDS cost the City? We have to go with what the majority of the people want. He is a 3-pack a day smoker, but stated he is quitting on Thursday. The city council does have to corne up with an ordinance that bans smoking in restaurants, but 85% of the people who go into bars are smokers. He goes to bingo games 4 nights a week and all his friends that go are smokers. Why should the City corne in and hit them there? The 15% of the non- smokers know and they don't care. Be fair. He requested that the City survey the bars and survey the bingo games to see if what he says is true and then approach this with a human factor. Dennis Parrish, owner of Evie's Place stated they did not receive a survey. They should be included. They would like their input included as valid. They would also like to know how many surveys were sent out and to what types of businesses. He has never smoked a cigarette in his life, but this would be a real death blow to his business. A good majority of his people have told him they would stay at home to have their cocktail and cigarette if this passes. There were 3 bar owners present and he wanted their answers included in the survey. Mr. Barker stated per Council direction, the survey was distributed through the Chamber of Commerce Newsletter. Mr. Ambrose advised that Staff will make sure they each get a survey to complete. An unidentified man (Ted) who spoke from the audience stated he would defer his comments until the public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 397 Regular Meeting October 25, 1993 . . Cm. Burton expressed concern in that over 1/2 of the businesses were left out. He thought it was going out to the business license list. Cm. Moffatt felt it important that everyone have a chance to speak on this subject. The unidentified man stated he was not aware that this did not go to all businesses. He had assumed that it went to everyone. Joseph Caster with the Hog's Breath Barber Shop stated he was told that this would not be discussed tonight, but now it is being discussed. He asked when it would be discussed. By a consensus, the Council directed that the Smoking Ordinance revisions be agendized for discussion at the November 22, 1993 Council meeting. * * * * REPORT ON SIGN ORDINANCE WORKSHOP (400-30) Associate Planner Choy presented the Staff Report which summarized the major sign issues and areas of concern identified at the September 29th Sign Ordinance Workshop. Also identified were businesses willing to help improve the sign Ordinance through participation on a sign Task Force. The major sign issues were compiled into 3 categories. 1) sign Ordinance Elements: visibility, Landscaping, Freestanding Signs, Accommodating Growth/Expansion, Realtor signs, Freeway signage, Automobile Dealership signs, and Permanent Banners and Flags 2) Simplifying Sign Permit Application/ Processing 3) Enforcement Staff recommended that the Council review the major sign issues identified and provide direction on which ones should be further considered. Mr. Choy advised that 13 individuals expressed a willingness to participate on a sign Task Force. The purpose of the Task Force would be to work in conjunction with Staff to identify the major sign issues and analyze potential sign concepts to address the issues. Staff estimated that there would be 3 meetings with the sign Task Force over a period of approximately 3 months to complete the review. The meetings would be open to the public. Mr. Choy explained that once the review has been completed, an analysis of the proposed revisions would be prepared with appropriate recommendations. A report would then be presented to the Planning Commission for its recommendation and then ultimately to the City Council for action. staff requested that the Mayor be authorized to appoint a 10 to 12 member Sign Task Force using categories to ensure that a diverse range of interest is represented. The categories include: Sign Industry, Property Owner, Chamber of Commerce, Non-Chamber of Commerce, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 398 Regular Meeting october 25, 1993 . . Automotive Dealership, Resident, Small Business Owner, Multi-Tenant Center, Major Retailer and Real Estate. Mr. Choy advised that Mr. Harold Odum with the Salvation Army was present and they were interested in having a representative on the Task Force. Cm. Burton pointed out that "Realtor" is a registered trade name and Staff had used it in the report. Staff should be using "real estate" instead. Cm. Moffatt felt the group had corne quite a ways. He was glad people are willing to work on a plan. Everyone who signed up should be allowed to be on the Task Force. Crn. Houston stated he agreed that we should use everyone who volunteered. Mayor Snyder also pointed out that they will all be public meetings and thus, anyone can attend. Cm. Houston questioned when the first meeting would be held. Mr. Choy advised that they would hold their first meeting sometime in November. Cm. Burton felt anyone who signed up should be allowed to be on the Task Force. Mayor Snyder stated the number should be established at the first meeting of the group. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to appoint sign Task Force Members. * * * * TRAFFIC MITIGATION FEE STUDY (590-80) Public Works Director Thompson presented the Staff Report and advised that it is proposed to hire an outside traffic consultant to .perform a downtown traffic impact fee study as the basis for establishing a uniform traffic impact development fee. This proposed uniform fee would enhance the City's economic development efforts by replacing the project-by-project study and fee that the City presently undertakes. The cost of the study is estimated to be in the $15,000 to $20,000 range. Staff proposed to send out a Request for Consultant proposal and once a consultant has been selected, Staff will bring back an agreement for Council approval, as well as a request for budget transfer to fund the study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 399 Regular Meeting october 25, 1993 . . Cm. Moffatt advised that Barton & Aschman was going to corne to the Tri-Valley Transportation Council with these fees. We should be able to utilize this study. Mr. Thompson advised that they are looking at areawide fees. What we are considering is just the downtown fees that would cover the local streets. Mr. Ambrose clarified that we are collecting these fees right now. He has observed a frustration on the part of Staff and applicants. This would cut costs and time from the process. The TVTC is looking at regional fees and we are only talking about local fees. We are piggybacking on the traffic model numbers. Cm. Moffatt pointed out that the consultant for TVTC is supposed to corne out and give solutions and mitigations to the problems. As of yet, they have not done this. He was concerned that we would be getting another consultant. Cm. Burton discussed the widening of Dublin Boulevard which has been on the docket for many many years. He asked if we would address this again. He questioned if this is really worth the money we will be putting in. He did not feel it will increase the business, but it will cost us a lot of money. Mr. Thompson advised that this had already been approved, from village Parkway to San Ramon Road. We will look at whether the traffic that is being generated requires the widening or if we are spinning our wheels. Mr. Ambrose advised that the bulk of the funding is corning from grant funds. The traffic impact fees give us matching money and the ability to leverage Federal money if we can successfully compete. Cm. Burton stated he looks at Dublin Boulevard and feels it is doing well. He was not sure this needs to have as high a priority as it is given. Cm. Burton questioned the meaning of the AB 1600 nexus requirements. On motion of Crn. Burton, seconded by Crn. Houston, and by unanimous vote, the Council authorized Staff to proceed with a Traffic Mitigation Fee Study by sending out Request for Consultant Proposals. * * * * OTHER BUSINESS ABAG (140-10) Mr. Ambrose advised that at the ABAG General Assembly meeting on November 18, 1993, delegates will be asked to vote on Elizabeth Hill's proposal "Making Government Make Sense". The Council requested that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 400 Regular Meeting October 25, 1993 . . this topic be agendized at the November 8th council meeting, in order for the council to provide direction to Cm. Moffatt, the city's delegate. * * * * Tri-Vallev Leadership Group (610-05) The County Administrative Officer is attempting to establish a Tri- Valley leadership meeting which will include the 3 City Managers, the 3 Mayors, supervisors King and Campbell and the CAO to talk about issues affecting the Tri-Valley area. * * * * Leaque Conference Information Distributed (140-20) Cm. Moffatt passed out literature which discussed smoke in the workplace and quoted cases. A pamphlet was also distributed which talks about why people are disillusioned with politics. He stated he picked up this information at the League Conference to share with everybody. It is important that some of the Council go to the various conferences in order to obtain this good information. * * * * Alameda County Housing Authoritv Appointment (110-30) Cm. Burton stated he got information in the mail that his term of appointment on the Alameda County Housing Authority will expire in 1993. He advised that he would be willing to continue on this Commission and requested, with the Council's permission, for Staff to advise the proper people. * * * * Housinq Authoritv (430-90) Cm. Burton thanked Libby Silver, Staff and Mike Riback for their help at the Dublin Housing Authority meeting to find someone to offer their service to review the Tenant Articles of Incorporation. They made some major corrections. Ms. Silver advised that they were actually pretty minor changes. Cm. Burton pointed out that he had distributed copies of the Alameda County Housing Authority Report. He stated he is proud of the way they are working. Ms. Ophelia Basgal is doing an excellent job. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 401 Regular Meeting October 25, 1993 " . . CLOSED SESSION At 9:05 p.m., the Council recessed to a closed session to discuss Pending Litigation (640-30), in accordance with Government Code section 54956.9(a): 1) city of Dublin vs. city of Pleasanton; 2) Butler vs. city of Dublin; and 3) Pleasanton vs. Dublin. * * * * ADJOURNMENT There being no further business to corne before the Council, the meeting was adjourned at 9:20 p.m. * * * * Mayor ATTEST: city Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 402 Regular Meeting October 25, 1993