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HomeMy WebLinkAboutItem 3.0 Minutes 6-28, 7-12, and 7-26-1982 (2) 4:k ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at k 05 p.m. APPROVE 4-2, rAmi■md.ke- Mayo ATTEST City Clerk * * * * Regular Meeting - June 28, 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, June 28, 1982, in the meeting room, Dublin Library. The meeting was called to order at 7:35 p.m. by Mayor pro tempore Peter Hegarty. ROLL CALL Present: Cm. Burton, Jeffery, Moffatt and Mayor pro tempore Hegarty Absent: Mayor Snyder. • * * * * PLEDGE OF ALLEGIANCE Mayor pro tempore Hegarty led the Council , staff and those present in the audience in the pledge of allegiance to the flag. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Burton, the Council voted unanimously to approve the warrant register in the amount of $2,032.64 dated June 28, 1982. This was the only consent calendar item. AWARD PRESENTATION (City Seal contest) At this time Cm. Moffatt, on the Council 's behalf, announced the winners. of the City seal contest which was an outstanding event for the City and announced the winners in each category as follows: Elementary School - Anthony D. DeStefano; High School - Sara Harri Intermediate School - Robyn Sconyers; Adult - Marina Inez Poropat Each winner was awarded a bond in the amount of $25 and received an expression of thanks from Cm. Moffatt and also from the Mayor on behalf of the entire City Council . * * * * CM-1-96 3 .j i70) • BUDGET HEARING 1982-83 Fiscal Year City Manager Ambrose explained that this hearing is to consider and adopt the City's budget for the coming fiscal year, 1982-83. The 1981-82 revenues are estimated at $320,606, expenditures at approximately $100,000. The fund balance is then estimated at $220,000. Since the City was only incorporated in February 1982, no budget was adopted for the 1981-82 fiscal year, therefore, it is the staff's recommendation that the City appropriate $100,000 for the General Government fund purposes, the remainder of $220,606 and any unanticipated revenue received by the City to a Street Improvement Reserve. This action should satisfy any concern had with the provisions of Proposition 4. A motion was made by Cm. Burton, seconded by Cm. Jeffery, to appropriate $100,000 for General Government fund purposes , $220,606 and any unantici- pated revenue received by the City to a Street Improvement Reserve. During discussion of the motion, it was explained that the reserve could be used for several functions such as median strip improvement, or any other function that the City could legally spend funds for. Other functions might be park maintenance responsibility, and at the end of the discussion, the motion received a unanimous vote and was adopted (Mayor Snyder absent) . Mr. Ambrose then proceeded to explain the budget as prepared for the coming fiscal year, the first full year the City will operate. The total recommended budget is $3,293 ,461, made up of $2,385,045 in operating expenditures; $508,416 in street improvement reserves; $400,000 in facility acquisition and construction reserves. These costs are an attempt to anticipate the cost of providing programs with no historical base of comparison. Some budget units may be somewhat higher than experience may show; some may Vary depend- ing upon the level of activity within the City. It was also indicated by the State late today that the motor vehicle license fees will be consider- ably more than has been anticipated, $260,000 more than estimated. The total operating budget is then listed as follows for the coming fiscal year: General Government - $306,373; Public Safety $1 ,292,579; Public Works - $540,400; Community Development $235,875; Transportation $9,818. Capital improvement projects have not been listed, mainly due to the inability to review needs of the City. As the year progresses staff will begin review of the City's capital improvement needs. Cm. Jeffery expressed at this time appreciation on the budget format, stating it was the best ever reviewed, easy to follow. Discussion was held re budgeted amounts, whether or not there is a procedure re exceeding budgeted items. The City Manager indicated that purchasing procedures had not been adopted as yet, and requested the latitude, within a budget unit, to transfer funds . If the need is not found within the budget unit, that circumstance would come back to the Council for their action at that time, with a request formally made by staff with justifications for the transfer. CM-1-97 C The other method of action could be to approve a dollar amount transfer allowed to the City Manager, even within a budget unit. The Council expressed a desire to be informed as to budget transfers, not necessarily as an agenda item, but as information. At the close of discussion it was decided to set an amount of $2,500 as the limit, within a budget unit, which the City Manager may transfer without Council action, on motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) . The Council then decided to proceed through the proposed budget program by program and changes made are listed as follows : CITY COUNCIL Discussion was held re membership in ABAG, and it was decided to request Revan Tranter, Executive Director of ABAG, to make a presentation to the Council during a future meeting. Insofar as the audit is concerned, it was proposed that proposals be solicited, and subsequently a committee of the Council and the City Manager interview several firms prior to an audit firm. An additional $1,000 was added to this activity to allow for the publication of the City directory, making the total $27,683. CITY ATTORNEY (Legal Services) _ No changes were made in this category. CITY MANAGER No changes were made in this category total , however Supplies were reduced to $1,500, and a category Printing & Reproduction was added in an amount of $1,000. FINANCE No change made in this category. Cm. Burton expressed concern regarding provision of information, possibly at the end of the fiscal year, about capital outlay items which are one-time purchases, i .e. , capital non- reoccurring items. BUILDING MANAGEMENT Most of this category is assigned to the one-time start up costs for phone systems , leases, office furniture and equipment, building modifications. Also included is an amount for a copier lease which will be used by many departments, small office items. No changes were made in this category. INSURANCE The City's insurance agent indicated a possible premium for the City's needs for the coming year. No changes made in this category. CM-1-98 0 Q ELECTIONS The only item in this category is the cost for placement of a measure on the November general election ballot re fireworks. No change made in this category. NON-DEPARTMENTAL This category is a contingent reserve to cover unanticipated expenses during the fiscal year. No changes were made in this category. POLICE SERVICES This category is slightly different in total used in prior discussions since the costs related to office space rental and phone service is included in the Building Management budget. No change was made in this category. AMBULANCE SERVICE Ambulance services are provided under terms of an agreement with the County, the zone covers Livermore and Pleasanton as well , and reimburses the City " for calls made within the City resulting in dry runs . No change made in this category. CROSSING GUARDS Guards are a part of the contract services, required by law, to Nielson and Fallon Schools. No changes made in this category. ANIMAL CONTROL No change made in this category, however, as decided at a prior time, invest- igation will be made regarding increasing the level of service at a later time. TRAFFIC SIGNALS- . STREET LIGHTING This category funds the maintenance and energy costs for traffic safety lights , street lights and traffic signals. If the County allows our request to re-annex to the lighting district this budget amount would be reduced by $66,200. No changes made in this category. STREET MAINTENANCE Concern was expressed for cleaning the median strips, the figures in this category include a low priority amount for this type of service. The City may have to provide a method of taking care of this work such as a private contract. The City Manager suggested a separate account be developed for this function, . possibly called Landscape Maintenance. It will be investigated. CM-1-99 After some discussion on the subject of City beautification projects on motion of Cm. Burton, seconded by Mayor pro-tempore Hegarty, the Council voted unanimously to include an amount of $50,000 for beautification purposes within the City (Mayor Snyder absent) . STREET SWEEPING A private contract has been solicited, however has not yet been received. No change was made at this time in the budgeted amount. STREET RECONSTRUCTION/RESURFACING This project includes slurry sealing as well as resurfacing. No change in this category. STREET TREE MAINTENANCE This may be solicited as a private contract, however no change in the budgeted amount was made. PLANNING Other than maintaining the office and personnel an amount is included for retention of a General Plan consultant to assist in preparation of such a plan. No changes in this category. BUILDING AND SAFETY - - The County will continue to provide this service until such time as the City has a private contractor on board and functioning. No change made in this category. ENGINEERING This service will be provided by the County until such time as the City contracts with a private firm for the service, which would include sub- division map checking and recording, traffic and engineering studies , plan check services for new tracts and subdivisions. These services will be paid for by developers and are not included in this budget. No changes made in this category. PARATRANSIT SERVICE This program includes the program for seniors and handicapped residents. It is possible that service will be reduced, however the City Manager stated a meeting will be scheduled with Pleasanton in order to maintain the level of service presently afforded. No change made in this category at this time. A report will be made on the outcome of the meeting if further needs are determined. OTHER QUESTIONS A question was posed re funds for traffic signals (FAU) , the City Manager . will investigate. PUBLIC COMMENTS Concern was expressed by a citizen re persons using the Dial-a-Ride service who are not qualified to do so. Discussion was held re several ways to increase funds, script sale, reduced fares for the handicapped. CM-1-100 San Ramon Road also needs some cleaning, fences are falling, trash is all over. On motion of Cm. Moffatt, seconded by Cm. Burton, the Council voted unanimously (Mayor Snyder absent) to adopt the following resolution: RESOLUTION NO. 39 Adopting a Budget for the Fiscal Year 1982-83 On motion of Cm. Jeffery, seconded by Cm. Burton, the following resolution was adopted unanimously (Mayor Snyder absent) . The total approved budget for Fiscal Year 1982-83 is $3,553,461 which consists of $2,436,045 in operating expenditures, $717,416 appropriation to Street Improvement Reserve and $400,000 to the Facility Acquisition and Construction Reserve. RESOLUTION NO. 40 Adopting the Appropriation Limit for Fiscal Year 1982-83 i OTHER BUSINESS. Cm. Moffatt expressed concern re San Ramon Blvd. re the Nichandros property, -1 _ a survey to determine the road configuration, if any. It probably needs traffic studies, engineering, etc. The County needs to be reminded of this situation, including the violations which exist. NEW ZIP CODE The City has been notified that they now have a new code, 94568, which will become effective July 1. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:25 p.m. APPROVED Mayor ATTEST City Clerk * * * * • CM-101 Regular Meeting - July 12, 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, July 12, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:35 p.m. by Mayor Snyder. Roll Call : Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. PLEDGE OF ALLEGIANCE Mayor Snyder led the Council , staff and those present at the meeting in the pledge of allegiance to the flag. * * * * MINUTES APPROVAL Minutes of the regular meeting of June 14, 1982, were approved as submitted on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote. * * * * INTRODUCE LT. SHORES AND PERSONNEL _ _ Captain Boyer, Sheriff's Department, briefly outlined the personnel who will be working in Dublin as the law enforcement agency for our City under contract with Alameda County. A quality force has been selected. Capt. Boyer expressed his feeling that no one will be disappointed in the calibre of the personnel assigned. Three officers live in Dublin, four in the valley, all having at least nine years in the Department. Lt. Tom Shores will be in charge in Dublin, working with Capt. Boyer as his immediate supervisor, and has worked in Dublin in the past. Lt. Shores has experience as a patrolman, a watch sergeant, detective, advanced and supervisory certificates, has been trained as a,special response unit person, and other administrative courses afforded by the Department. Lt. Shores responded by indicating that he felt it was an honor to be selected, and will be putting forth the best effort possible to see that good services are afforded to Dublin residents . The Department will be experiencing some growing and learning stages, but the officers assigned are seasoned personnel and will be able to handle all matters coming before them. Lt. Shores pledged that they will do all humanly possible to give the services needed in Dublin. * * * * * PUBLIC WORKS DIRECTOR H. A. FLERTZHEIM RE LOCAL FUEL TAX Public Works Director Flertzheim showed a slide presentation prepared by MTC of the various streets in the bay area and the problems of deterioration of streets due to shortage of funds and lack of maintenance. CM-102 There is a tremendous backlog of streets in various stages of disrepair resulting in an accelerating process of deterioration. Gas tax revenues were set at 7¢ in 1963 and no increase has been made since that time. Gallons of fuel sold has decreased since people are driving less or buying smaller, more fuel efficient, automobiles. As a result, the cities and counties have proposed the adoption of a local motor vehicle fuel tax which has been made possible by SB 215 recently passed by the State Legislature. If approved by the voters, a local fuel tax may be imposed, and two conditions must exist: First, such a proposition must be approved by the Board of Supervisors and a majority of the City Councils representing a majority of the population. This proposition would also specify the maximum tax to be imposed and may state the time period for which the tax is imposed. Second: the County, and cities within the County, must have a written agreement as to how the revenues from the tax will be distributed. The problem is an area wide one, the entire Bay Area counties and cities are effected. The maintenance problem is great and increasing each year that no maintenance is afforded. A 5¢ tax is proposed, and is the best estimate to raise the funds for the need which exists. The tax must be uniform throughout a County. In answer to a question, Mr. Flertzheim indicated that should an increase in the tax bernecessary, it would have to go back to the voters for approval . The State collects the tax, however, all funds must come back to the counties and cities, administered by the county according to an allocation agreement. Each City decides how to best use their allocation, a road related use is the criteria used for spending - - the funds. At the close of discussion, on motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the following resolution was adopted: RESOLUTION NO. 30 APPROVING LOCAL MOTOR VEHICLE FUEL TAX REVENUE ALLOCATION AGREEMENT On motion of Cm. Hegarty, seconded by Cm. Burton, and by unanimous vote the following resolution was adopted: RESOLUTION NO. 31 RESOLUTION APPROVING THE IMPOSITION OF A LOCAL MOTOR VEHICLE FUEL TAX * * * * MOSQUITO ABATEMENT DISTRICT REPRESENTATIVE Mr. Herb Bettencourt, the City's representative to the District Board reported that the Measure "J" on the June ballot did pass, so that the District may now proceed with their proposed improvements. Mr. Bettencourt also indicated that due to the time of meetings he was unable to attend and asked to be relieved of his appointment as soon as possible. CM-103 • Mayor Snyder thanked Mr. Bettencourt for his assistance and promised to place a replacement appointment on the agenda as soon as possible. PG&E "ZIP" PROGRAM Mr. Lou Holveck, new manager of the Tri Valley office, was introduced and spoke regarding a new program being initiated by PG&E called a zero interest loan (ZIP) energy conservation program. Various home improvement projects can be installed, either by the citizen or by a contractor, however, the work will be inspected for compliance. Energy audits will be conducted for cost effectiveness also. Applications will be available through the mail , contractors will have them. At the close of discussion, on motion of Cm. Jeffery, seconded by Cm. Burton, the following resolution was adopted unanimously: RESOLUTION NO. 32 RESOLUTION DECLARING "ZIP UP AND SAVE DAY" * * * * CONSENT CALENDAR WARRANT REGISTER On motion of Cm. Jeffery, seconded by Cm. Moffatt, the warrant register -__ was unanimously approved, 21 checks in the amount of $7,531.00; 3 payroll checks in the amount of $7,090.56 for a total of $14,621.56. * * * * PARA-TRANSIT Dial-A-Ride Program The City Council had at a previous time considered the question of partic- ipating in this program and decided to do so by having the County file for the TDA claim which would provide 5 day/week service for the first quarter of fiscal year 1982-83. The City agreed it would evaluate any revenue shortfall of $9,818 during its budget hearings. It was further agreed that if the City or MTC was unable to supplement the reduced TDA allocation that the dial-a-ride services would be reduced during the remaining nine months of fiscal 1982-83. Recently it has been noted that service will be cut back to a 3 day/week, and efforts have been made to raise the funds necessary so that the 5 day/ week can be sustained. Mr. Ambrose has contacted the San Ramon Valley Community Center which provides services to senior citizens and the handicapped residing in Dublin, Danville, San Ramon, Alamo, Blackhawk, Whitegate and Diablo. Apparently Contra Costa County has decided not to supplement its TDA allocation in order to maintain 5 day/week service. Dublin's share of the deficit is $3,348 and various amounts have been allocated to the other communities to make up the deficit. If these amounts cannot be raised, the service will have to be reduced. The City may be able to make other arrangements for Dublin citizens by contracting with the City of Pleasanton to provide service to Dublin residents . Mr. Phil Flores , representing senior citizen groups indicated that funds have been raised to sustain the funds for July, and further fund raising activities are being planned to keep the service going. DSRSD and Danville CM-1-104 have expressed support. These services are vital in the area, many seniors and handicapped persons use the service. Concern was expressed re monthly support so that Dublin's funds would not be spent without service being provided for the entire year. It was explained that unless the commitment was made for the entire year, no funds would be spent beyond the end of July. At the close of discussion, on motion of Cm. Burton, seconded by Cm. Jeffery, the Council voted unanimously to allocate $3,348 subject to participation by the other groups by July 30. * * * * BALLOT MEASURE - FIREWORKS The City Attorney reported that during the adoption process of the fire- works sale issue, Ms. Ann Henderson had gathered signatures on a referendum petition which, if filed, would have suspended operation of the ordinance permitting the sale of safe and sane fireworks. Ms. Henderson agreed not to file the petition if the Council would placeon the November general election ballot an advisory measure regarding pf'ohibiting sale of such fireworks. Discussion was held re the word "all " being retained as the ballot measure - _ wording, whether "safe and sane" should be inserted, define the wording in the State Code (may be too long for inclusion in the analysis) ; the issue is only regarding safe and sane fireworks , the only type that can legally be sold in the state. If the measure passes , the Council 's option would be to repeal Ordinance 10. A motion was made by Cm. Burton, seconded by Cm. Hegarty to use the wording "to repeal Ordinance 10 that allows the sale of safe and sane fireworks in the City of Dublin" was withdrawn by the maker and seconder. On motion of Cm. Burton, seconded by Cm. Hegarty, the Council voted unanimously to adopt the following resolution with the change in the measure "safe and sane" substituted for "all" as follows: RESOLUTION NO. 33 CALLING A SPECIAL ELECTION FOR NOVEMBER 2, 1982 FOR THE PURPOSE OF VOTING ON AN ADVISORY MEASURE On motion of Cm. Moffatt, seconded by Cm. Hegarty, the Council voted unanimously to adopt the following resolution: RESOLUTION NO. 34 REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO ORDER THE CONSOLIDATION OF A SPECIAL CITY ELECTION WITH THE STATEWIDE REGULAR ELECTION ON NOVEMBER 2, 1982 * * * * CM-1-105 0 APPEAL - CALMET, INC. Tentative Map, Tract No. 5047 The Mayor declared the hearing open on an appeal re tentative Map! No. 5047 which includes a site development review and negative declaration to divide a 13.4 acre site into 145 condominium units located approximately at the intersection of San Ramon Rd. and Dublin Blvd. There are 10 clusters , scattered about the site, also tennis courts, swimming pool , internal lake system, access from San Ramon Rd. around the site and also to Dublin Blvd. The appeal submitted by Calmet, Inc. , is based upon the condition of approval to signalize, at his expense, the intersection of Dublin Blvd. and Donlon Way. The adjacent single family residential area owners have appealed on the unsuitability of the type and density of the development, a conflict with access easements and environmental damage. Director Larry Tong summarized the application and appeal as above noted, and indicated that public agencies have followed one of several concepts re traffic signals and other subdivision requirements as follows: 1) if a project pushes the situation over the threshold for a signal,,then the project should pay for the entire cost; 2) if the project is but one of several contributors, the iroject should pay a portion of the cost; 3) the City could pay the entire cost because there is area-wide benefit. The City has not adopted its own General Plan, therefore the City needs to determine if there is a reasonable probability that the land use, as proposed, will be consistent with the future General Plan. Insofar as the easements are concerned, the adjacent residents wish to be assured that the easement will only be used for emergency access . Also of concern is a landscaped driveway and some parking which will create noise and aesthetic concerns. Additional landscape buffering and increased setback would be desired. Mr. Tong outlined the alternatives for Council consideration as follows: 1) approve the negative declaration, site development review and tentative map, with or without conditions , which would require findings; 2) disapprove the negative declaration and request either an environmental assessment or an environmental impact report; 3) disapprove the negative declaration and site development plan and deny approval of the tentative map, findings would be required. • Mr. Paul Deutsch, Alameda County Planning staff reported that this project was approved as a tentative map in 1979. Usually 22 years is the limit for tentative maps , an extention can also be made. The subdivider was not aware of this provision apparently and this map is identical to the prior map. In the interim the development to the west has been built. At the time of the original approval all conditions were agreed to, however, several other conditions have been imposed. No formal study was made of the traffic situation, the signal was a recommendation of the Road Depart- CM-1-106 ment, no signal would be necessary unless this development were to be built. In answer to a question re the "lakes" it was indicated that they are a shallow pond type and feature recycled water. The landscape plan must be submitted to the City, some features can be clarified at that time. The density is approximately 10 units per acre, 4,025 sq. ft. per unit, a medium density and falls within the density for the County General Plan. Mr. Tek Lim, Calmet, Inc.., indicated that a circulation plan for the water is available for review. Mr. Lim also indicated that in his opinion it is one of the best designs he has seen, does follow the General Plan. Necessity for the signal is not seen, however, 25% of the cost would seem reasonable. Mr. Dave Petty indicated his appeal was made on environmental damage, access to the easement and density. The zoning is questioned, and the response was that County zoning called for multi-family, with 3,500 sq. ft. minimum. It was commercial at a prior time, however a General Plan amendment for the area west of San Ramon Road called for either commercial or medium density residential development. Mr. Petty also stated that his objection re environmental damage had been shot down by Mr. Fraley's letter to the City Council . His next question is will the development be consistent with the future General Plan. The emergency access question can be solved with assurance that there will be emergency access only. The setback increase between developments is still -- to be solved. There are also some trees which might be saved with selective cutting. Mr. Tong reported that the emergency access can be solved with just land- scaping or knock-away bollards, the fire department has agreed to alter- native types of treatment; the County has required a locked gate. Mr. Petty indicated that it does conform to the County Plan, and in answer to a question re changing densities, the question was answered that on undeveloped properties it can be changed. A further question was re increased setback for the street which is at the back fence of some of the existing houses, possibly a green belt or buffer zone. The right-of-way along the development was discussed, there are approx- imately 33 ft. to the building at one point, 20 ft. in another area. It was estimated that over 2,000 trips per day could be using this road. Mr. Petty stated his feeling that altogether it is a beautiful project, a good source of tax revenue, has all the aesthetics , but still objects to the parking along the back fence, also the landscape plan, he would like to see a greater setback from the fence. Robert Kessler, 11803 Castle Ct. echoed the previous speaker, and expressed concern with access from the development, also the access along the fence. With only one trip per day (out and back) that would be 290 cars along the fence where there is now nothing. CM-1-107 0 Dave Upchurch,11783 Castle Ct. A question was posed re enforcement of CC&R's by the City and the City Attorney agreed that most enforcement is by homeowners associations . If the matter is a public nuisance the City can act, most are of private concern in CC&R's. Mr. Upchurch stated that his main concern is an expanded greenbelt area between the develop- ment and the single family development. He also felt that those living near the emergency exit should have some input in the decision since they have to look at it all the time. He was also hoping for mature vegetation to be installed. Also, if speed bumps could not be installed on the access road to cut down traffic noise. Kent Sulprigio, 11794 Castle Ct. was concerned with traffic on Dublin Blvd. his feeling is that San Ramon Valley Blvd. is the more primary road. When asked re traffic flows, Mr. Deutsch indicated that with the develop- ment it can be expected there would be 1400 trips per day, the most would be at peak commute times. There are also parking places provided, with a 2 car garage for each unit. Mr. Sulprigio stated he bought a home on a cul-de-sac in order to get away from traffic and does not like the idea of traffic along his back fence, is very much in favor of a greenbelt. Sharon Kruse, 11805 Shadow Dr. questioned treatment of gate or fence in - the emergency access. The Planning Director will be reviewing the land- _ scape plan. Linda McCann, 11784 Castle Ct. , asked why the traffic was not in the middle of the development, why should those adjacent have the traffic problem along their fences. Cm. Jeffery stated she would be interested in looking at the traffic situation, both Dublin Blvd. and San Ramon Rd. , particularly with regard to making a decision re the signal , the traffic access. On motion of Cm. Jeffery, seconded by Cm. Moffatt, the Council voted unanimously to continue the public hearing for information re the traffic volume on Dublin Blvd. , the signal proposed, information re the noise impacts, the landscaping design to come back to the Council for final approval , a time frame to be mid October, or until such concerns expressed by the City Council have been addressed by the staff. It should be noted also that the developer did consent to the continuance. PROPOSED ORDINANCES GRADING & WATERCOURSE PROTECTION The City Attorney explained that the proposed ordinances are those recently adopted by the County to regulate grading and watercourse protection. These ordinances are necessary for the public health, safety and welfare - of the community. On motion of Cm. Jeffery, seconded by Cm. Burton, the proposed ordinance was introduced and the reading waived by unanimous vote. * * * * CM-1-108 0 OTHER BUSINESS Planning Commissioner Richards has submitted his resignation since he will be leaving the country and thus unable to serve. On motion of Cm. Jeffery, seconded by Cm. Hegarty, the resignation was accepted with regret. A letter of appreciation will be sent. Insofar as the replacement to be made, it was suggested that the original list be used, with provision for any new applicants , and a letter will be sent to that effect. It was decided that a cutoff date of July 26 be set, with an appointment made at the first meeting in August. Joint meeting with Planning Commission Chairman of the Commission, Wm. Tenery expressed concern with the working parameters for the Commission and requested a meeting with the Council . Mr. Tenery also asked that the memo dated July 3 from Mr. Tong be given to the Council so that they would be informed its to its content. Fred Drena expressed concern as to what is the Planning Commission to do for the Council , it should be a viable organization for input to the Council , what is their responsibility to be. City Seal Cm. Burton stated his feeling that the Council should look at the work of the commercial artist who would be designing the seal , and was appointed to meet with artists and the City Manager. Small Cities - General Plan Seminar A seminar will be held on August 3 in Stockton, arranged by the League of California Cities, the Council will attend and as many planning Com- missioners and staff as possible. Staff will make arrangements. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 11:20 p.m. APPROVED Mayor ATTEST City Clerk * * * * CM-i-109 • Regular Meeting - July 26, 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, July 26, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:30 p.m. ROLL CALL: Present: Cm. Burton, Hegarty, Moffatt and Mayor Snyder Absent : Cm. Jeffery (excused for vacation) * * * PLEDGE OF ALLEGIANCE The Mayor led the Council , staff and those present in the pledge of allegiance to the flag. * * * MINUTES APPROVAL Minutes of the adjourned regular meeting of June 21, 1982, were approved as submitted on motion of Cm. Burton, seconded by Cm. Hegarty and by unanimous vote. * * * MEDIAN - SILVERGATE and SILVERTREE LN. The City Manager reported that Jeffery Sketchley representing the Silvertree Home Owners Association had requested the County to consider a traffic problem on Silvergate Dr. at Silvertree Lane. Mr. Sketchley has now requested the Council to review this matter which pertains to a U-turn in order to enter the subdivision on Silvertree when travelling westerly on Silvergate Dr. There is a median which prevents turns at this time, and cars must drive to the west, make a U-turn and then enter Silvertree Lane. Mr. Sketchley is requesting a break in the median in order to make a left turn into Silvertree Lane. Discussion was held as to the median, when it was installed; also expressed was concern that when Silvergate Dr. becomes a through street it will make the U-turn even more hazardous. The flow of traffic may require a light on the corner. Cm. Hegarty explained that the medians were placed 'for reasons of safety and traffic flow. The lane in question is a private street, very narrow. The corner lot may also develop, creating another need for access. Cm. Burton stated that medians are in many streets, seemingly for safety purposes, a problem throughout the community. In his opinion it is not necessarily safe when it chases people to intersections. It was his feeling that medians should be studied as to their effectiveness, safety and justifying some removed or broken. C Mr. Sketchley indicated he felt it would be good to be part of a study, it may be that a light installation may make the median strip break more feasible. Cm. Hegarty indicated that this may be placed on a continuance status until proper studies can be made, and Mr. Sketchley agreed. ORAL COMMUNICATIONS Harvey Scudder, 7409 Hansen Dr. , wished to draw the Council 's attention to the traffic hazard at the intersection of Dublin Blvd. and Silvergate. Trucks speed thru there, as well as private vehicles, barrel thru to the school at the end of the street. Mayor Snyder indicated that they are aware of the problem, all living in the area. It may be helpful to cut the shrubbery in the median, but a 3-way stop may also be too confining. The County Road Department has been alerted, something may be done about the problem as soon as possible. Mr. Scudder also expressed concern with tshake roofs, he is concerned to have a fire lane ploughed in the vacant property. It is too late now, but possibly next year this can be done. The City will check with Ch. Phillips of the DSRSD Fire Department. * * * * CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Burton, the Council voted unanimously (Cm. Jeffery absent) to approve the following: Warrant Register dated July 22 in the amount of $8,365.01 in warrants. Treasurer's report re revenues and expenditures for the month of July, 1982; and the Treasurer's report re cash on hand by fund were ordered filed. The following resolution were also approved: RESOLUTION NO. 35 APPROVING THE IMPOSITION OF A LOCAL MOTOR VEHICLE FUEL TAX RESOLUTION NO. 36 RESOLUTION APPOINTING CITY CLERK (Richard C. Ambrose) * * * * CM-1-111 4:10 STREET SWEEPING BIDS The City Manager reported on the street sweeping bids received as the result of Council authorization for solicitation of proposals. The following were received: Estimated Cost/curb mile Annual Cost 1. Marc Sweeping Service $11.50 $37,950 2. San Jose Commercial Sweeping 13.22 43,626 3. R & D Sweeping 14.75 48,609 4. Robert J. Molinaro 15.00 49,500 5. Smith's Action Maintenance Co. 21.45 70,785 As noted Marc Sweeping Service was the low bid, which could fluctuate if streets are added during the year, or if during the leafy season more attention is necessary. As noted also, there will be no dumping on the streets, debris will be transported to the dump. The sweeping schedule will be residential streets every other week and commercial streets every week. Five sweeping areas will be established and notifications will be made so that cars can be taken off the streets. Cm. Burton asked if something could be done about the back of the side- walks. There are several areas including medians which need to be cleaned. Would it be practical for the street sweeping company to do - - this work, it is not a part of this contract. At the close of discussion, on motion of Cm. Hegarty, seconded by Cm. Moffatt, the Council accepted the low bid of $11.50 per curb mile (Marc Sweeping Service) and authorized execution of the contract by staff by unanimous vote (Cm. Jeffery absent) . Concern was also expressed for doing the commercial streets at an early time, the City Manager indicated that -this matter had been discussed, it was planned to do the major streets at the early hour and return to the less used streets afterwards. If this becomes a problem it can be adjusted. If the contractor does not dump at the dump he must provide containers which must also be removed the same day. * * * SWEEPING MEDIANS Mr. Richard Figueroa, Marc Sweeping, indicated that equipment is available to perform median and sidewalk area cleaning, and he will get together with the City Manager and present a proposal . ORDINANCE ADOPTION Grading and Water- course Protection On motion of Cm. Moffatt, seconded by Cm. Hegarty, the following ordinance was adopted and the reading waived: CM-1-112 // ORDINANCE NO. 19 AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING FOR THE ADOPTION OF CERTAIN COUNTY OF ALAMEDA ORDINANCES ADOPTED BY DUBLIN ORDINANCE NO. 1 Concern was expressed by Cm. Burton re the provisions of these ordinances of the County, should a developer indicate that the watercourse regulations would be a problem, the City Attorney indicated that a variance could be applied for, and the City may wish to look at the provisions at a later time. * * * JOINT MEETING - PLANNING COMMISSION - CITY COUNCIL Wm. Tenery, Chairman of the Planning Commission had requested this meeting in order to clarify the various areas of planning responsibility assigned to staff, the Commission and Council . The staff has prepared a report on the various functions as outlined in the Government Code and County ordinances. The ordinances can be amended, but the City would have to go through the procedure to do so. Mr. Tenery made a statement indicating that in his view upon incorporation the people of Dublin would better direct their own future. Once incorporated he willingly accepted a position on the Planning Commission so that he could represent the desires of the citizens in the development of a General Plan, the control of zoning ordinances and the conditional use permits and variances. The Planning Commission has met three times and have done very little. Now they are told that the City Planning Director, who has not lived in this town, will design our General Plan with the outside consultant which will cost several thousand dollars: He will approve our maps, administer our zoning ordinance and issue conditional use permits and variances. Only if an applicant or citizen complains will the Planning Commission become involved. With all due respect to our learned staff, I do not believe that Dublin became a City so that outsiders could determine the direction of the City. Dublin :' belongs to and is the people, a staff is hired to aid us not to guide us. We believe in locally planned, administered development with public accountability, and that was why we incorporated and removed ourselves from Alameda Co. Planning Control . Now government has adopted the County ordinances, we incorporated to remove ourselves from County control , why has the Council adopted County Planning ordinances and operating prodecures. The question tonight is, do the people of Dublin want a Planning Commission who actively listens to the people and develops a plan which meets the needs of the people or do they want to turn the management of the City over to an outside. staff. I do not accept my post, and others did not accept their post, just to gain recognition or ego satisfaction, but rather to actively serve the Planning Commission needs of this community. So I ask tonight, are we to continue the path established by the County with management by outsiders or do we accept the responsibility to enact and administer our own policies and procedures. CM-1-113 rte.. Commissioner John Alexander indicated that during the campaign many expressed concern with the County procedures, possibly we should look at those procedures for some changes. Perhaps some of the things done by the County Zoning Administrator could be done by the Planning Commission, public hearings might be held before the Commission when appeals are submitted. Georgean Vonheeder, Commissioner has actively campaigned for a post on the Commission, she felt the reason for incorporating was to have Dublin Citizens in more control , rather than acting only when someone complains. The way it stands now, the Commission will be a rubber stamp agency, she would like to volunteer, with other citizens, to work out the growth patterns. Cm. Burton expressed his feeling that he shared in what had been said, there are many changes needed to be made in the ordinances. Cm. Hegarty stated that there will be local control , the Commission is dealing with the concept of system, work with it or not, the system works if cooperated with. Realize that the Commission is an advisory body to the Council , there will be plenty of work to do when the General Plan is started. The Commission will be recommending policies to the Council . The County system works, the problem was that those making decisions did not come out and see the site. We must rely on the staff for many functions. Com. Alexander stated he does not want to do away with the staff, appeals to the Council maybe should come to the Planning Commission and ironed out there. When a development is according to an established law, the staff has no alternative to approval . It may be that subdivisions and parcel maps should be acted upon by the Commission first in order to iron out many problems which arise. Cm. Moffatt outlined briefly the powers and duties of the Commission as adopted by the ordinance enacting a Commission; preparation of a General Plan, and recommend to the Council its adoption; review the capital improvement budget; recommendations re Zoning Ordinance, other duties as required by the Council . The Commission is in the policy making position of recommending to the Council re zoning matters. Mr. Tenery indicated he agrees with what is said, but actions are not coming to the Commission; they do not have a copy of the ordinance; at the meeting of July 5, Mr. Tong indicated he intends to pass things by the Commission, but if not, is there any recourse. The only recourse would then be an appeal to the Council , not the Commission. Concern was expressed that the Commission would not have any say in the General Plan preparation. Mayor Snyder explained that the Council intends that the Commission is to gather that information, Mr. Tong's responsiblility is to work with the Commission in putting the Plan together, in a reasonable fashion, with any outside aid we may need. CM-1-114 I • Mr. Ambrose explained the General Plan process is envisioned as follows: Mr. Tong will get together with the Commission to develop a format for identifying General Plan issues . After development of these issues , an outside consultant assistance would be needed because there are some required elements of that plan, i .e. Siesmic Element, that will, need outside expertise to draft, and with public input a draft plan will result. That draft plan will be a document reviewed by the Commission, section by section, changes made, added to, etc. Hearings will then be held, and go on to the Council for public input or comment. Unless given different direction this is the way the process will proceed. The Commission is also charged with ordinance changes, if there are changes to be made such recommendations should be made. Concern was also expressed re tentative maps which do not come before the Commission for review, the City Attorney explained that due to the particular situation now existing maps do not come to the Commission. The ordinance changes may be made to provide this action, look at other cities, see what they do in this regard. A question was asked re building permits issued. Mr. Tong explained that several permits had been approved, from `a zoning aspect, since they were within the requirements; no other permits have been issued at this time. Jerry Goudreau, 5154 Court Cologne, Pleasanton, involved in issue in Pleasanton re the large industrial park and growth, and expressed his feeling of a lack in valley wide planning on the impact. Concern was expressed re balanced growth, amendments of the General Plan, and an assessment of balanced growth. The New Town and Northbluff proposals are clearly of valley-wide interest, even though near Livermore. Mr. Goudreau urged taking an interest in valley wide planning. Mayor Snyder indicated that the City's Planning Commission would be looking at this aspect, what the impact of industrial growth will have on Dublin in view of the interchanges which impact Dublin as well . State- ments re this aspect are part of the coming General Plan. Discussion followed regarding keeping the Planning Commission aware and informed of actions taken by the Planning Director. Mr. Tong outlined the procedures: First there is a distinction between those permits which we have to approve if they meet certain minimum requirements and those where we have certain planning discretion. When applications for a building permit meet the existing zoning requirements we are obliged to grant that permit. On the other hand, certain items allow dis- cretion, i .e. , a variance to build a family room within 10 feet of the rear year setback line which is required at 15 feet so that it would encroach into the required rear yard. At this point staff has authority to grant, deny or grant with conditions . That type of planning permit would require public notice, (posting on the site or mailing to property CM-1-115 owners within 300 ft.) and notice to the Planning Commission and City Council . After hearing, (anyone can be heard at this hearing) action on the staff will be noted to the Planning Commission and City Council , an appeal period is then noted also. If appealed the matter goes to either the Planning Commission or Council . AUDIT PROPOSALS The City Manager outlined a report requesting authorization for the staff to solicit audit proposals for Auditor Services for the City. Mr. Ambrose indicated that under State law cities are required to submit reports of the City's financial condition for the prior fiscal year. Part of the problem is that the City does not have a chart of accounts yet, making the task more difficult. There are three aspects to the request, 1) auditing services, .2) interest in haying an accounting firm file the State Controller's .Report and 3) develop a chart of accounts for the City. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the City Manager was authorized to proceed with solicitation of bids for an auditor, and Cm. Jeffery and Moffatt be placed on the review committee. APPOINTMENT- _ MOSQUITO ABATEMENT - DISTRICT BOARD The City Manager reported that only one resume had been received, Dr. Harvey Scudder. On motion of Cm. Burton, seconded by Cm. Hegarty, the appointment was confirmed by unanimous vote for Dr. Scudder. * •* * * NEW EMPLOYEE The City Manager introduced a new employee, Kay Keck, a 12 year resident of Dublin who will function as the City Manager's Secretary and Deputy City Clerk. Ms. Keck has outstanding credentials , and will be an asset to the City. Ms. Keck responded expressing her interest and excitement about participating and being a part of the growth of Dublin. * * * * OTHER BUSINESS The City Manager asked direction re Planning Commission appointments and the Council decided to review the applications , rate them 1 to 10, and the staff will report back as to the top 3 votes , with a selection made on August 9. Cm. Hegarty questioned the continued parking of trucks along San Ramon Road (where the sweeper dumped) this is not legal , and the police were to be requested to look into the matter, staff will investigate. CM-1-116 0 4:) In answer to a question re the quarry trucks, Mr. Nave reported that the City of Pleasanton is in litigation with the quarry company, and a report should be given soon as to the entire situation. Concern was also expressed re loaded trucks going through signals at Shannon and San Ramon Rd. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 9:55 p.m. APPROVED Mayor ATTEST City Clerk * * * * CM-1-117