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HomeMy WebLinkAboutItem 4.01 Draft Minutes 11-14-1994 (2) ----- ~ '. . REGULAR MEETING - November 14, 1994 A regular meeting of the City Council of the City of Dublin was held on Monday, November 14, 1994, 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, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. * * * * PLEDGE OF ALLEGIANCE Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * AWARD TO CITY (150-20) Mayor Snyder advised that the City of Dublin, along with the 16 other cities and agencies in the Alameda County Urban Runoff Clean Water Program, was selected by the United States Environmental Protection Agency as the second-place winner in the National Storm Water Control Excellence Awards. This is only the second time this has been awarded. The award was presented to the Alameda County Urban Runoff Clean Water Program at the Water Environment Federation meetings in Chicago last month. On November 9, 1994, Mayor Snyder accepted the City of Dublin's award at a local ceremony for the cities in Alameda County. Mayor Snyder presented the plaque to the Public Works Department. * * * * Comments Reqarding Election (630-10) Al Hunter, 7994 Jade Circle, offered his congratulations to the winners of last Tuesday's election. Council candidates Dave Burton, Paul Moffatt, Val Barnes and Beth Howard were commended for taking the high road and seeking to run positive campaigns. It is unfortunate that all 4 could not have been elected, but with an open seat, maybe this could be considered as a possibility. He congratulated Guy Houston for his victory. Although many disagreed with the issues he raised, he did work hard. Regardless of the issues, the race for Mayor has polarized a significant portion of the community and this has the potential of leading to alienation and animosity. This could hurt or even destroy the community. Another major problem is the loss of political clout for the City of Dublin, and the Tri-Valley. Since we are the smallest City in the Tri-Valley, and one of the smallest in the County, this is significant. Dealing with issues will be difficult. Now that the clout is with Livermore *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@~@*@ CM - VOL 13 - 323 Regular Meeting November 14, 1994 -------------------------------------------------~------~------------- ITEM NO. 4.1 COPIES TO: //. e e and Pleasanton, they may not feel the need to work with us. Recent history provides no encouragement. The likelihood that we may face serious struggles in the near future is quite real. The competition between the Tri-Valley cities will intensify as the state continues its fiscal struggles. We need to commit to cooperation for the sake of the community because it will be impossible if the City remains divided. The Mayor and Council cannot lead the City if they don't have the community's support. Although he staunchly supported the reelection of Mayor Snyder and aggressively took exception with several of the issues raised by the opposition during the campaign, he committed his support to the new Mayor and to the new Council. He urged the new Mayor and City Council to actively seek the support of those who opposed them. It is time to come together and mend fences. Mr. Hunter stated he has supported Mayor Snyder for quite some time. He brings something rare to politics; he speaks his mind. Getting straight answers is refreshing, even though often it does not seem to enhance ones political career. As one who learned conservatism from the one who wrote the book, the label liberal definitely does not fit Pete Snyder. He felt Barry Goldwater would agree. He thanked Mayor Snyder for inviting him to serve the community as part of the Business Development Task Force, to be a member of his reelection committee, and most importantly to be his friend. No one can deny Mayor Snyder's commitment to the citizens of Dublin or question his integrity. * * * * Sports Grounds Maintenance Comments - Dublin Little League (260-20) Eric Detenreeder, Vice President of Dublin Little League, congratu- lated all those who ran a very good campaign and were elected. The debates shown on Community TV were very informative and positive. DLL wrote a letter to the Parks & Recreation Department back in early October regarding some things they would like the City to do in the fields at the Sports Grounds which include 40 yards of needed dirt, backstop repairs, weeding, and their desire to put up a glass enclosed case for the new score booth to use for publicity. They also would like more time for girls softball use of the fields, and more sleeves to put up some fences in the minor league fields. They got a letter back from Stephanie Mein in early November saying basically she would get back to them in a couple of weeks. She didn't say when or if things would be done. They just want an answer one way or another. She requested that they do a schematic drawing for the case, when they just want the same thing they have over at the snack bar. They are not trying to run a bureaucracy and they don't want to deal with this. They just want a straight answer. They have committed 10% of their budget paying for field useage out there and these fields aren't just a park, they are playing baseball fields for them. They need dirt out there. It is their understanding that they get dirt every third year. Instead of maintaining the fields the way the City's calendar says, and the way the City's budget says, they need 40 yards of dirt out *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 324 Regular Meeting November 14, 1994 e e there now. He requested that the standards be raised for maintenance of the fields. Recreation Director Lowart advised that she was familiar with the letter referenced. A youth sports liaison committee has been started comprised of representatives of the City's Parks & Community Services, Public Works Department, as well as Little League, Soccer and South Valley Youth Football. DLL did submit a letter with their requests, and City Staff is checking with Soccer and the adult sports program to determine the needs and prioritize the field requests to determine what can be done with the available funding. The fields will be closed from December 15th through March 1st for maintenance and in the next few weeks, the criteria will be set for work to be done. If it turns out that there are more requests than funds, it will come back before the Council for discussion. The Parks & Community Services commission has also been involved in this process. Major overhaul of the fields is spread out over a 3 year period and every year, 2 of the 6 ball fields have a complete renovation of their infield. On the off years, they bring in additional dirt to supplement what is there. This has been the practice of the City for the last 8 to 10 years. Cm. Burton stated he was curious as to what happens to 40 cubic yards of dirt. Do the kids wear it home? Ms. Lowart responded that any afternoon during baseball and softball season, you can look out her office window and see what happens; it blows off. * * * * Lack of Facilities in Dublin (610-80) Betsy Chapman stated she plays basketball for Wells Middle School and CYO and she wrote a letter about the need to get an additional gym in Dublin. We do not have enough full size gyms and so this puts Dublin teams at a real disadvantage. Wells Gymnasium could be made into a double gym like they did in Pleasanton at Harvest Park. Multi-purpose rooms just don't cut it for practice. Mayor Snyder stated he had responded to her letter with some thoughts of his own and information on what's transpired in the past and what may happen in the future with involvement of others. * * * * Item Added to Agenda (610-10) Cm. Houston requested an item be added to the agenda on an emergency basis to advertise in the newspaper for applicants for the open Council position in the local newspapers. He spoke with the City Clerk earlier in the day and she advised that it should be put on the agenda prior to discussion. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council found a need to take immediate action to consider *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 325 Regular Meeting November 14, 1994 e e whether or not to advertise for applicants for City Council and the need for the action came to the attention of the Council after the agenda was posted. This was added to the agenda as New Business item 8.3 in accordance with Government Code section 54954.2(b). * * * * Item Added to Aqenda (610-10) City Manager Ambrose stated within the last day he had had an opportunity to almost reach closure on selection of the Economic Development Manager position. There are some practical issues related to relocation and associated costs he would like to discuss with the Council this evening. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council found a need to take immediate action to consider the City Manager's request for discussion and approval of certain relocation benefits for a candidate for a City position and the need to take action came to the attention of the Council after the agenda was posted. This item will be added as New Business item 8.4 in accordance with Government Code Section 54954.2(b). * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of October 24, 1994; Adopted RESOLUTION NO. 112 - 94 MAKING APPOINTMENTS (110-30) TO THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY (1060-40) WHEELS ACCESSIBLE ADVISORY COMMITTEE (CARRIE STAEHLE & MARY ANN TRACY) Adopted RESOLUTION NO. 113 - 94 REJECTING ALL BIDS FOR CONTRACT 94-04 DOUGHERTY ROAD/SIERRA LANE IMPROVEMENTS AND AUTHORIZING STAFF TO READVERTISE PROJECT (600-30) Received the City Treasurer's Investment Report as of October 31, 1994 ($18,376,322.74 @ 5.648%) (320-30); Authorized Staff to issue a Purchase Order to Recht Hausrath & Associates to prepare a study for a preliminary public facilities fee for the Homart Development in eastern Dublin at a cost not to exceed $3,500 and which will be reimbursed by the Applicants (600-30); *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 326 Regular Meeting November 14, 1994 e e Awarded Computer Hardware bid to Whole Earth Business Systems ($109,933); rejected all Software bids and authorized Staff to issue a purchase order through the State of California Master Contract ($10,852); and authorized the Mayor to execute the Budget Change Form (350-20) ; Authorized Staff to advertise for bids for Contract 94-07, Heritage Center Renovation and approved a Budget Change Form (600-30); Approved Warrant Register in the amount of $521,110.19 (300-40). Cm. Moffatt requested that the item related to the Housing Authority agreement be pulled from the Consent Calendar for discussion. He was not aware that this was an open-ended agreement and he was concerned that if there were a small or nagging problem if it could be resolved with a conference rather than terminating the agreement. City Attorney Silver stated the agreement should be discussed by the Dublin Housing Authority, not the City Council. The City Council has no authority to discuss any amendments to this agreement. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council received a report related to the agreement between the Alameda County Housing Authority and the Dublin Housing Authority for the management of Arroyo vista (430-90). * * * * USED COMPUTER EOUIPMENT (350-40) Management Assistant Barker presented the Staff Report and advised that the City is updating its computer system with new equipment in order to connect a local area network. The bids for the computer equipment were awarded earlier in the meeting. The Dublin Unified School District has advised the City that they have an opportunity to receive a grant that would match any donation of computer equipment. The City will soon have about 16 computers available for donation or to be put up for bid. Several City employees have expressed a desire to bid on the used equipment. Mr. Barker stated the value of the computers is difficult to determine, however, an estimated value would likely be $100 - $200 each. Mr. Barker summarized the Council's options: 1) donate all 16 computers to the School District; 2) release all 16 computers to a professional auction firm; 3) authorize a competitive bidding process selling individual computers; 4) competitively bid the computer and donate the remaining units; or 5) choose another alternative. Cm. Moffatt asked if these are given to the School District if they are to be used by the School District or if they will go into a warehouse and be used by other districts. *@*@*@*@*@*@*@*@*@*@*@*@*@*~*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 327 Regular Meeting November 14, 1994 - e Mr. Barker stated he believed they will be used in a classroom setting. Cm. Burton asked if staff would be keeping enough to make sure the City doesn't need more in the future. Mr. Rankin explained the intent which is primarily as emergency backups. Cheryl Matthews, Assistant Superintendent of Instruction, brought samples of letters that were written by students on both typewriters and computers. Ms. Matthews stated the 286 model doesn't have a whole lot of use out in the business world. The students are very excited about the possibility of receiving these computers. Dublin High School is the only school in the area that still uses typewriters to teach keyboarding. Matt Wilhite read his letter and stated he hoped the Council will give them the computers so they can type better. Darren O'Rourke was also present. Mr. Barker responded to a question and stated the School District will have to deal with software issues. Mayor Snyder asked if governmental agencies count, even though they are not specifically identified in the Detwiler Foundation grant letter. He also asked about the 8 to 1 ratio discussed in the application. Ms. Matthews stated she wasn't sure, but they got a letter back stating they qualify. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 114 - 94 DONATING EXCESS COMPUTER EQUIPMENT TO THE DUBLIN UNIFIED SCHOOL DISTRICT * * * * PUBLIC HEARING - ESTABLISHMENT OF EASTERN DUBLIN SPECIFIC PLAN PREPARATION FEE (420-20) Mayor Snyder opened the public hearing. Assistant City Manager Rankin presented the Staff Report and advised that the adoption of the Eastern Dublin Specific Plan in May of 1993 included a provision for recovering the cost of plan preparation, including interest. Adoption of a fee of $229.39 per acre woul~ be charged to properties included in the Specific Plan area. The fee, plus interest, must be paid at the time a development application is submitted. Property owners may prepay the fee to reduce their interest costs. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 328 Regular Meeting November 14, 1994 . e Mr. Rankin stated Staff had calculated the distribution of all project costs between the General Plan Amendment and the Specific Plan. In addition, calculations were made to compare the original deposits recorded from Sponsoring Property Owners to the final amount owed for each property. None of the Sponsoring Property Owners prepaid more than their prorata share of the Specific Plan costs. Mr. Rankin discussed the methodology used to develop the fee. Cm. Burton referenced the $1,279,378 figure in Exhibit 1 shown as expenses for the General Plan and Specific Plan. He asked if this was the total amount to be spent on the 2 plans~ Mr. Rankin stated no, this is already included and on the General Plan, you can't get back those costs. These were contributions as opposed to deposits. Mr. Ambrose clarified that this is the amount spent in the last 8 years. Robert Nielsen, 6407 Tassajara Road, stated he bought his property about 9 months ago and there was nothing on the title report saying anything about this. He was concerned that it is listed as a per-acre fee but some of the property will receive more benefit in the way of development down road. He bought the property as a residence and has no plans to develop it. Mr. Rankin advised that the fee would not be due unless a development application were to be submitted to the city. As far as benefit, the Specific Plan sets up the types of land uses so there is a benefit in knowing what type of land uses can occur. Mr. Nielsen asked if the fee per acre is done by density or strictly by acreage. Mr. Rankin stated it is figured by acreage. Mr. Nielsen felt this was unfair. Mayor Snyder stated he bought it as a residence and if he doesn't intend to develop it, he doesn't have to pay anything. Mr. Nielsen advised, when asked, that he bought 10 acres. Cm. Houston clarified that if he were to build another house, it would trigger this fee. Mr. Tong stated the existing zoning typically requires 100 acres under agricultural. If he proposes a sUbdivision, even to build another house, this would require a land use and development plan. Mr. Ambrose pointed out that property has to be annexed to the City before a development fee could be charged. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 329 Regular Meeting November 14, 1994 e e Cm. Burton asked if it was in the City and he came in for a building permit to add a room or an addition if it would apply. Mr. Tong responded no, it would not. Mayor Snyder closed the pUblic hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 115 - 94 AMENDING RESOLUTION NO. 96-84 ESTABLISHING FEES AND CHARGES FOR PUBLIC SERVICES (420-20) (Add Exhibit 8) * * * * PUBLIC HEARING REOUEST FOR LOADING ZONE ON AMADOR PLAZA ROAD (570-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that development of the new Petsmart store on Amador Plaza Road on the site of the old Stafford's Restaurant has caused changes within the parking lot adjacent to the building presently occupied by Video Only. One of the end results of the changes is the loss of a loading/unloading area for Video Only. Consequently, trucks delivering merchandise to this store will have to park on Amador Plaza Road to unload. Mr. Thompson stated Staff feels this request for a loading zone is reasonable, in view of the proposed expansion of the site. Establishment of the loading zone would eliminate 2 parking spaces; however, Staff feels that sufficient on-street parking still exists. Notices of this public hearing were mailed to Shamrock Ford and other businesses in the vicinity. Gerald McLaughlin, Area Manager, stated this store sells huge 56" television sets as well as sets as small as 3 pounds. Recently, their delivery access was instantly gone. They typically use 24' delivery trucks and they have no ramp. He stated he hoped the Council would approve this request. The ramp they are requesting would not be generally accessible to customers, but they could load a television set into a car from this area. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance establishing 40' loading zone on the west side of Amador Plaza Road in front of 6920 Amador Plaza Road. * * * * I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 330 Regular Meeting November 14, 1994 e e PUBLIC HEARING - MODIFICATION TO NO PARKING ZONE ON SILVERGATE DRIVE NEAR ARBOR CREEK CIRCLE (570-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the staff Report and advised that this item was continued from the October 24th meeting. At that time, the Council requested that Staff perform further study to see if additional parking could be allowed. staff is now recommending a total of 168' of on-street parking which would accommodate about 8 cars. The Council also requested that Staff review the original Arbor Creek approval plan to make certain that all of the required parking was in fact constructed. The original plan was approved with a requirement of 2.1 spaces for each of the 84 units, or a total of 176. These 176 spaces were physically provided by 128 covered (in garages) and 48 uncovered. Cm. Moffatt asked about sandblasting versus painting the curbs. Mr. Thompson stated the problem with painting is the grey paint tends to wear off. In the long run, it is cheaper to sandblast the red curbs. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 116 - 94 MODIFYING NO PARKING ZONE ON SOUTH SIDE OF SILVERGATE DRIVE WEST OF SAN RAMON ROAD (ARBOR CREEK) * * * * PUBLIC HEARING REQUEST FOR VARIANCE TO FLOOD PLAIN REGULATION (450-40) Mayor Snyder opened the public hearing. Chief Building Official Taugher presented the Staff Report and advised that Shamrock Ford, 7499 Dublin Boulevard, is requesting a variance to the Flood Control Ordinance which would require the floor of a new addition (24' x 70') to be 2" above the floor of the existing building. Mr. Taugher stated the proposed addition will be an all steel building with all electrical and mechanical equipment being well above the floor. There is no plumbing in the addition. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 331 Regular Meeting November 14, 1994 e e Mr. Taugher stated his opinion as Building Official was that granting this variance would be consistent with the factors listed in section 7.24.240 C of the Dublin Municipal Code and therefore recommended that the variance be granted. Cm. Burton commented that within 300' you have 2 different measurements and questioned if we had to go through this whole thing for a 2" difference. Mr. Taugher stated it was also necessary to take into account the elevation of the flood control channel. Mr. Ambrose pointed out that there is a more precise cross section of the channel which shows that the channel's elevation is higher than the property in question. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 117 - 94 GRANTING A VARIANCE TO THE FLOOD PLAIN REGULATION * * * * AUTHORIZATION FOR CROSSING GUARD STUDY (590-50) city Manager Ambrose advised that on August 22, 1994, the City Council agreed to fund the existing 4 school crossing guard locations, plus an additional location at Murray School. However, the Council only approved funding for 4 crossing guard positions for a full year. After the 1994-95 school year had been open long enough to develop pedestrian and vehicular patterns, Staff was to perform a crossing guard warrant study. Mr. Ambrose explained that this item provided background information regarding existing crossing guard locations and requests direction from the City Council as to whether new crossing guard studies are needed or whether the Council wishes to continue funding the crossing guards without further study. The cost of the crossing guard warrant study is estimated at $2,500. The annual cost for 5 crossing guards for Fiscal Year 1994-95 is $48,340, including the cost of contract service through TSU Temporary Services and the cost of equipment. The current City budget for crossing guards is $38,495. If the Council chooses to continue funding all 5 of the crossing guard locations, a budget transfer will be necessary to provide for the new location at Murray School. I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 332 Regular Meeting November 14, 1994 e e Cm. Moffatt asked if we could look into the concept of having students do the crossing guard work within a block or the immediate vicinity of the school. This service could be performed under the auspices of the Police Department. There could be incentives for students to participate such as show passes, football games, etc. Cm. Burton felt this might be a good idea but this was not what the Council was talking about on this item tonight. He did not believe there would be the necessary warrants even if we have a study. Cm. Moffatt questioned if the council starts shifting money now, if it could be brought back before changing the budget. Cm. Houston stated the extra increment would be done sometime in the Spring. He felt this was a worthy idea, but we would have to work with the School District. Budget funds will run out in the Spring. Mr. Thompson stated Staff has proposed this to the School District on several occasions. They are concerned with the liability issue of having kids out on the busy collector streets. Cm. Moffatt stated he had talked with School District administration, but it would be up to the Principals. Cm. Burton felt this could be a situation like stop signs with so many additional requests that crossing guards would have to be done by a warrant study. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council agreed to continue to fund 5 crossing guard locations and approved a $9,845 Budget Transfer. If future requests are made for additional crossing guard locations, studies shall be conducted for comparison to the specific warrants. * * * * ABAG COMPREHENSIVE SUBREGIONAL PLANNING PILOT PROJECT (140-10) Planning Director Tong advised that the Association of Bay Area Governments has released a request for proposals for a comprehensive subregional planning pilot project. The Tri-Valley Council has . created an ad hoc committee to consider submitting a proposal by the November 30th deadline. The pilot project would produce a process for selecting subregional land use policies and a draft subregional strategy. The overall purpose of the pilot project is to demonstrate coordinated, mUlti-jurisdictional local planning to achieve regionwide goals and objectives. Mr. Tong stated the impact on City Staff is unknown, however, there are few Staff resources available to support the effort given projects currently authorized by the City Council. ABAG would provide: 1) one full-time equivalent Staff and Consultant for up to 6 months; 2) $20,000 to the lead agency for Staff time and expenses; and 3) $35,000 to the other participating pgencies for Staff time and expenses. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 333 Regular Meeting November 14, 1994 e e Cm. Burton stated while he realized this is merely a proposal to be part of a pilot project, he felt it ironic to have 2 items on the agenda whereby outsiders are trying to tell us what we can do with our property. This appears to be a fence building system on the part of Livermore, Pleasanton, San Ramon and Danville. We should not be in bed with these people because they are not giving us anything. They have a different agenda from what we need. He is very frightened of this. Cm. Moffatt felt this type of cooperation was very similar to the regional cooperation displayed when the smoking ordinances were passed. A strategy is worked out and everybody more or less agrees to it. If you wish, you can put some of the parts into the General Plan and you agree that there will be some exempt areas and some will be enforced. It is up to the cities as to what extent they want to get involved. This is a method of communication, and he felt there was really no reason to fear the program because it is accepted or rejected at the City's discretion. Cm. Burton stated the idea sounds good to be cooperative, but if you look at the cities in this group, most have already done their development. They are not waiting for us. We just put another barrier on our land to the east. This is just another level of others trying to control growth in Dublin. Cm. Moffatt commented that he felt this was an isolationist attitude. Cm. Burton stated perhaps so, but he did not see any need to be involved in this. Cm. Moffatt felt this is a forum where we should be represented at the table in order to give our views. Cm. Howard felt if it comes down to us not liking this, we don't have to participate. Mayor Snyder stated we are agreeing to be a part of an application to accept money from ABAG to work with the 7 agencies to come to some kind of conclusion regarding land use policies which would be then submitted to ABAG to be used as a model. There will be several areas in the Bay Area that can apply for this and someone will develop a model. It would be better to be involved in the process rather than have the State impose regulations. This is not a local attempt to do anything. This could very well be the model for future legislation. Mr. Tong stated they estimate it will take a minimum of 3 to 4 hours per week of Staff time; or 70 to 100 hours in the 6 months. Other projects would have to be set back. Mr. Ambrose stated the Council has identified the Eastern Dublin Specific Plan as high priority and people involved are under tight time frames to have projects processed. There are 264 policies and mitigation measures to deal with before this can go forward. I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 334 Regular Meeting November 14, 1994 e e Cm. Moffatt suggested perhaps we should put the ABAG issue on the back burner. Mayor Snyder advised that the application process has to be done by November 30th. Cm. Burton made a motion that we should thank them for the offer but withdraw from being a part of the ABAG proposal. There was no second to this motion. Cm. Houston stated he would support this with the understanding that other projects have a higher priority. On motion of Cm. Moffatt, seconded by Cm. Houston, and by majority vote, the Council adopted as revised RESOLUTION NO. 118 - 94 SUPPORTING THE TRI-VALLEY COUNCIL COMPREHENSIVE SUBREGIONAL PLANNING COMMITTEE Cm. Burton voted against this motion. * * * * REVIEW OF THE TRI-VALLEY TRANSPORTATION PLAN/ACTION PLAN CIRCULATION DRAFT (1060-80) Public Works Director Thompson advised that the Tri-Valley Transportation Council has been working on a plan to coordinate transportation improvements in the Tri-Valley area with proposed development to ensure coordination between the 7 public agencies involved. The draft plan has now been released for public review. The preparation of the model and this Plan have been and are being paid for by the 7 member jurisdictions through past budget appropriations. One of the recommendations of the Plan is to establish a Regional Transportation Impact Fee to help pay for freeway and major transportation improvements identified as being needed through TVTC studies. This proposed fee would apply to new developments in Dublin. The cost of the development of the fee would be an additional cost to the 7 TVTC member agencies. Following presentation of the Staff Report, Mr. Thompson stated Staff and the TVTC are requesting Council input on this Draft Plan so that a final report can be prepared. It is expected that each jurisdiction would then adopt the appropriate elements of the Plan into their General Plans to help direct the development and appurtenant transportation needs for the Tri-Valley area. Cm. Burton pointed out on the critical priorities list, there were no hook ramps listed. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 335 Regular Meeting November 14, 1994 e e Mr. Thompson stated this is part of the 58-/680 flyover project which was listed at the top of the list on Page 147 of the report. Cm. Burton felt we should specifically list hook ramps. Mr. Thompson clarified that Page 143 clearly defines the project. Cm. Moffatt expressed concern regarding the recommendation involving a fee for projects that have already been in the planning stage but haven't started yet. The fee would become due and available to the region if it is more than the fee collected. Mr. Thompson stated right now, the cities have the ability to put some kind of condition on projects related to a future fee. Mr. Ambrose advised that this is a practical problem. person wants a bottom line proposal when developing. Dublin Specific Plan says they shall pay the fee. Cm. Moffatt asked if anyone felt #7 of the letter should be deleted. (That some method of handling major developments that are approved prior to the adoption of a regional transportation fee be developed as it relates to paying their fair share of the needed regional transportation impacts.) A business Our Eastern Mr. Thompson stated the concern was that at least it should be looked at as some kind of an option so that people don't come in and try to avoid this fee. Cm. Burton asked why the toll road wasn't included in this process. People who buy the houses end up paying these fees because they're passed on from the developer. Dublin is the only one who has not developed its housing yet. We are just one vote in this process and it doesn't answer our problem. We are not solving the freeway problem. He felt it was a good report, but indicated he had a big problem with it. It is based on the assumptions that we will have different problems 10 years from now than we have now. Cm. Moffatt indicated that toll roads are not in our agency's jurisdiction so one of the ground rules was if an agency wanted to bring it up they could, but we can't. There was a political battle regarding toll roads. Developer fee total costs will run well over $1 billion and we will have to come up with about $300,000. It is not all developer fees. We have to be able to keep up with the transportation problems. The model has been accepted by the Alameda County Congestion Management Agency. Cm. Burton stated he thought we had the right of refusal. Cm. Moffatt advised that as far as the CMA is concerned, we will use it. Mr. Ambrose pointed out. that we could lose our gas tax revenues if we don't abide by the CMA guidelines. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 336 Regular Meeting November 14, 1994 e e Cm. Moffatt stated it comes down to do we want to decide out here in the valley or have somebody over the hill decide. Cm. Houston stated he didn't like it because they want us to amend our General Plan to encompass this. Cm. Moffatt stated there are a lot of concerns that have to be answered before it goes into any General Plan. Bob Harris, Planning Consultant from Pleasanton, stated staff has done a good job ferreting out the numerous comments in the plan. It will be worked over by the Technical Advisory Committee of the TVTC and a revised plan will come back for adoption. The other jurisdictions had a lot of the same concerns. The plan is portrayed as being a voluntary type document, but approvals have to be made by the other 6 agencies in the plan. If you want to make changes, you are really at the mercy of the other jurisdictions. You would give up some of your sovereignty with any regional document. Cm. Moffatt stated the TVTC marches to the CMA of Alameda County and there is certain criteria that they must meet. If we violate this criteria, then it can come to this regional committee. It becomes a local issue rather than a CMA issue. Cm. Howard felt there seemed to be a number of things that were vague and staff has pointed these out. It is better to be part of the process and at the table rather than outside looking in. Cm. Houston asked if there was any way to put in something about voluntary status versus having to be beholding to a majority or anyone else. Cm. Moffatt stated in order to make a decision, it has to be a unanimous decision. Mr. Ambrose advised that unless this is incorporated into the General Plan, it has no authority to bind the City at all. We are only bound by our General Plan. We had an opportunity to allow Alameda County to set the criteria under Proposition 111. The Tri-Valley Transportation Plan is different than the model. Cm. Burton made a motion to just accept the report and use it as an informational report only. He did not feel we should have fees based on housing. There should be no change in the General Plan. This motion was not seconded. Cm. Houston pointed out that all jurisdictions will most likely have some comments, and someone will have to evaluate all the comments, so he asked if they be coming back to ask for more money. Cm. Moffatt stated no, it is all funded. We have a deadline to meet. I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 337 Regular Meeting November 14, 1994 It e Cm. Burton stated there were 3 different scenarios for Route 84. He did not feel we should be a part of any action plans controlled by other cities. Mayor Snyder advised that we already are as a part of the CMA legislation. em. Burton felt they use money as a way of controlling this. Mayor Snyder stated this is what CMA is all about. It's the carrot and the stick. If you don't like the carrot then they beat you with the stick. Cm. Burton's concerns are about 10 years too late. It's State Law. This is an attempt to try and do it locally and not have it imposed on us by somebody else. On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote, the Council authorized the Mayor to execute the letter (with addition of Route 84 "toll road" project added to second portion of paragraph 2) to the Tri-Valley Transportation Council. * * * * Future Openinq on city Council (610-20) Cm. Houston requested that in order to provide for a smooth and efficient transition to a full Council, that a newspaper ad be run starting as soon as possible with a deadline of December 13th for applications. This issue needs to get resolved as soon as possible and if we wait until the actual seat is open, then this publishing period in the newspaper would occur during the holidays and we wouldn't get as good a response from the public. It would be a more efficient use of time to get this done now instead of during the holidays. The applications could then be reviewed at a special meeting on December 19th, and the Council could interview at that time and go ahead and make a decision to either appoint somebody or go into the other options outlined in the Memorandum from the City Attorney. He would also like Staff to advertise openings on the Planning Commission and Parks & Community Services Commission at the same time. Cm. Moffatt felt this was all well and good to start considering something of this nature, but it is very unfair because there is one individual who has not been seated yet. One Councilmember would therefore be bypassed and this person might present information that would cause a difference. Cm. Burton stated he thought Ms. Barnes could be installed on December 19th and this would be the same time as reviewing the applications. Mayor Snyder stated he felt Cm. Houston and Cm. Burton were making a lot of assumptions. It is out of order for this City Council to discuss this because this Council does not have the responsibility to deal with this. The Council that is constituted when and if the Registrar of Voters certifies the vote is the Council that makes that decision of whether you wil~ have an appointment process or go to an *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 338 Regular Meeting November 14, 1994 e e election. This has to be done in a very public situation. It should not be decided tonight because some of them have no bearing upon that decision in the future. Cm. Houston argued that he was absolutely not making any decision or assumption that a person will be appointed. Mayor Snyder pointed out that he was abrocating Councilmember-elect Barnes' ability to make a decision. Cm. Moffatt stated he was sure the news will get out after tonight. He suggested that Cm. Houston might send out his own news release saying as the future Mayor, this is what he wants to do. He felt it was unethical for the Council to make this decision at this time. Cm. Houston made a motion to reschedule the second December Council meeting on December 19th. Ms. Silver advised that this was beyond the scope of the item that was added to the agenda for discussion. Legally, she saw no reason why an advertisement could not be placed, but the decision on whether to appoint or go to an election rests with the new Council. She advised that once the new Council is sworn in and seated, they have 30 days to decide if they will appoint someone to fill the remainder of Cm. Houston's term, or if they will call a special election. A special election would occur on June 6, 1995. Cm. Burton stated the new City Council will be installed on December 12th and after that time they can decide what they will do next. Cm. Houston asked Cm. Howard, as the swing vote, for her opinion. Cm. Howard stated she would abstain. Cm. Houston withdrew his motion. He clarified that they have their legal right to run an ad, but they choose not to accept that right. Mr. Ambrose stated it would be appreciated if the Council could be flexible on the second December meeting date to accommodate the Homart schedule. * * * * Relocation Benefits (740-40) Mr. Ambrose advised the Council that the City has gone through an extensive interview process for the position of Economic Development Manager. He was comfortable with the fact that we have a very qualified candidate and he is currently negotiating the terms of employment. The individual does not currently reside in the Bay Area and has requested moving expenses and temporary rental assistance. The candidate requests $4,500 in moving expenses and $200 per month, up to 6 months, to assist with the rental of an apartment. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 339 Regular Meeting November 14, 1994 e e Mr. Ambrose advised that because of the length of time to complete the recruitment, there is adequate money in the budget. On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council approved this request and authorized the City Manager to complete the negotiations. * * * * OTHER BUSINESS Graffiti (530-20) Cm. Moffatt stated the Mayor of Richmond advised him of an excellent graffiti resolution they have. He hoped City staff could contact him to find out what that resolution is and whether we could modify it to help us here in Dublin. * * * * Brown Act Open Meeting Law Questions (610-20) Cm. Moffatt asked about the appropriateness of City Councilmembers meeting with each other to share their opinions and discuss their own personal visions for the City. He asked if one could take another out to lunch and talk about these types of things. He wanted to make sure they are complying with the law. Ms. Silver stated she did not think this would violate the Brown Act. She pointed out that Councilmember-elect Barnes is already subject to the Brown Act even before being sworn in. This was one of the amendments made to the Brown Act in April, 1994. She explained the legislative and judiciary roles of the City Council and also discussed seriatum meetings which are prOhibited. * * * * CLOSED SESSION At 10:13 p.m., the Council recessed to a closed session related to a Public Employee Performance Evaluation - City Manager in accordance with Government Code section 54957. * * * * REPORT ON CLOSED SESSION ACTION No action was taken. * * * * I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 340 Regular Meeting November 14, 1994 e e ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. * * * * Mayor ATTEST: City Clerk * * * * I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 341 Regular Meeting November 14, 1994