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HomeMy WebLinkAbout4.01 Approve 05-13-1991 Minutes 4 REGULAR MEETING - May 13, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, May 13 , 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 35 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. ADOPTION OF MILITARY UNIT (150-85) Assistant to the City Manager Texeira advised that the City has received a letter from a representative of the Citizen's Committee for America Supporting Americans. The Committee is requesting that the City Council adopt a Resolution establishing the City's own "adopted sons and daughters" , establish a citizen committee which will function as liaison between the community and the adopted unit, and donate a symbolic gift such as a key to the City or medallion of the City seal to each member of the adopted unit. Shelly Bergbower advised that she and Richard Lee are representatives of the already formed committee. In order for this program to go forward, it is imperative that the Council shows its support. Several documents can be forwarded to the unit. The unit includes one Dublin resident. They are requesting that the City provide publicity by press releases. There are over 1200 active units still in the Persian Gulf. Richard Lee advised that the unit they are interested in adopting would be small; between 150 - 175 personnel. The City has previously received a letter from a Lieutenant in the unit. Cm. Burton questioned the location of the unit. Cm. Howard advised that they are in the Persian Gulf, but we don't know exactly where. Cm. Burton stated the Council had previously discussed having something local with people at Camp Parks. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* *A*A*A*A*A*A*A*A*A*^*A*A*A*A*A* CM - VOL 1 0 - 1 6 8 Regular Meeting May 13, 1991 ---------------------------------------------------------------------- COPIES TO: ITEM NO. �•3:rr Ms. Bergbower advised that most of the units have been pre-selected. Many of the units have come home, but we still need to remember those that are left over there who may be there another year or two. Cm. Burton questioned how the selection was made. Ms. Bergbower advised that this program started several years ago in San Mateo. Mr. Lee advised that they selected this unit because there was already communication established. This unit was selected in the interest of expediency. Cm. Jeffery questioned how we know that this unit will be over there for a while. Most everyone considers all people who serve as sons and daughters, and for this reason she indicated concern with selecting a specific group. If we do this, we should do it right. It will take a lot of work to get people to respond. Ms. Bergbower advised that she is currently working with 4 different businesses who are interested in helping with this. She felt the City will find a lot of people who want to get involved. They are willing to continue to take the leadership role in moving this forward. Cm. Jeffery advised that the City has had great difficulty in finding people's names who participated in Desert Storm. The lists are not very reliable. Cm. Moffatt asked if there had been any dialogue with Company A yet. Mr. Bergbower advised that because we have not yet formally adopted a unit, correspondence with them has not been great at this time. Mr. Lee advised that they wrote a letter, but thus far, have not received a response. Cm. Burton asked if this was the second 'time this has been attempted. Mr. Lee stated that the program has been in effect for 22 years. Recently there has been a reinterest in the project. Thus far, there have been 30 units adopted by cities and towns. Cm. Burton asked if they leave the area, do we still stay in contact with them. Mr. Lee stated that it is up to the City how far they wish to take this. We can show support in any way we wish. Cm. Moffatt asked what needed to happen to move forward. Ms. Bergbower advised that the rest of the community needs to recognize that the City Council supports this and they too can become involved. They are looking for this support of the Council. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 169 Regular Meeting May 13, 1991 Mr. Lee advised that the group "America Supporting Americans" can provide guidelines and information. Once a citizen's committee is set up, they can begin communicating and suggesting ideas. Cm. Burton stated he was bothered that they had not heard from Company A, and asked if they could begin without actually selecting a unit. Ms. Bergbower advised that we are actually ahead of the game. All• the information has been provided and they can pursue the correspondence with the particular unit. She felt that a smaller unit such as Company A with under 200 people is more realistic than a whole Battalion. Cm. Moffatt stated he hoped they would come back and let the City Council know how they can help out. He would like more specific details. Cm. Burton made a motion, which was seconded by Cm. Jeffery to leave out reference to a specific unit in the resolution. The Committee should come back with a selection of a unit that has responded. Mayor Snyder stated he had no problem listing this particular unit so that it can be announced at the parade on Saturday. The motion and second were amended. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 37 - 91 ADOPTING A COMPANY OF THE UNITED STATES ARMED SERVICES (COMPANY A, 4TH BATTALION, 32ND REGIMENT OF THE 3RD ARMOURED DIVISION) Cm. Burton questioned if Dublin was the first Valley City to adopt a military unit. Mr. Lee responded that Dublin is the first. Nielsen After-School Program (950-30) Ms. Carolyn Vance addressed the Council and stated she is a parent of a child who attends Nielsen School. Her son is 6 years old and and has been involved in the after-school program for approximately 1 month. He has been left standing in front of the school several times at 5: 00 p.m. She was told that this is a potential City liability. She contacted Tracy O'Shea, the Police Department and the Recreation Department and was told that it is a Recreation Program rather than a day care program. This is very near the Misheloff house and she felt there was potential for a disaster that could happen. There is no provision for children who are left. She has been as much as 8 minutes late and she felt the City needs to look at this program. A*A*A*A*A*A*A*^*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*^*A*^*A*^*A*^* CM - VOL l 0 - 1 7 0 Regular Meeting May 13, 1991 Mayor Snyder requested that this item be placed on a future agenda for Council discussion. City Manager Ambrose advised that Ms. Vance was correct, this is not a day care program, but rather a drop in program. Award Presented to City (150-20) Assistant to the City Manager Texeira advised that the City of Dublin had won an Award of Merit in the Audio-Visual category for the Dublin Civic Center Documentary. This video was entered in the National City Hall Digest's 12th Annual City Hall Public Information Awards Competition in May, 1990. This contest has been a popular nationwide event for cities of all sizes since 1977. The only other Award of Merit in this category was presented to the City of Beverly Hills. Ms. Texeira presented the award to the City Council and also recognized Darla Stevens, Executive Director of Community Television. Ms. Texeira advised that a press release had been prepared for immediate distribution. The Council pointed out that former Councilmembers Hegarty and Vonheeder should be recognized as they also played a major part in the production of the video. Darla Stevens expressed her pleasure and advised that this was an extra project for Community TV. This is a very nice piece of history for Dublin and she congratulated the City. Cm. Moffatt thanked Ms. Stevens for all her hard work on the project. Cm. Jeffery suggested that City Staff also advise George Miers. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of April 22 , 1991; Accepted the City Treasurer's Investment Report for Period Ending April 30, 1991 (320-30) ; Approved an Amendment to the Agreement with Meyers, Nave, Riback & West for Legal Services (600-30) and authorized the Mayor to execute same; w*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 171 Regular Meeting May 13, 1991 I Accepted improvements under Contract 90-10A (Pedestrian Signal Handicap Modifications) ; authorized a $347. 50 budget transfer to this project from the Contingent Reserve; and authorized $18 , 592 payment to Richard Heaps, Electrical Contractor (600-30) ; Accepted improvements under Contract 90-11 (Frederiksen School Play Area Improvements) ; authorized $3,442 . 31 budget transfer from the Contingent Reserve; authorized $4,947 retention payment to Munkdale Bros. (600-30) ; Adopted RESOLUTION NO. 38, - 91 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA WITH REGARD TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FISCAL YEAR 1991-92 (600-40) and authorized the Mayor to execute the agreement; Accepted the Financial Statements for Period Ending April 30, 1991 (330-50) ; Approved Warrant Register in the amount of $1,216, 663 .93 (300-40) ; Received a report related to the renegotiation of the Santa Rita Property Tax Exchange Agreement with Alameda County and authorized Staff to secure the services of an Economic Consulting Firm with a cost not to exceed $5, 000 (470-50) . Cm. Burton requested that the item related to the Clerical Classification Study be pulled from the Consent Calendar for discussion. Cm. Burton expressed concern that the City is building up more and more staffing. He questioned whether this is the right timing for this as we have a budget problem and people are concerned over what we are spending. City Manager Ambrose advised that the City is adding no new positions. We want to make certain that the job descriptions accurately reflect the duties of a particular job.- Several Department Heads have requested in the past that the City look at some position changes to some of their employees. The City contracted with a Consultant to look at the entire clerical structure that we have rather than look at it on a piecemeal basis. Two people's job descriptions did not fit what their job actually consisted of. The other aspect of the study was retitling and coming up with a classification plan that actually gives the City more flexibility. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council accepted the Clerical Classification Study (700-20) , and adopted RESOLUTION NO. 39 - 91 AMENDING THE CLASSIFICATION PLAN and ^*^*^*^*^*^*^*^*^*^*A*^*^*^*^*^*^*^*^*^*^*^*A*A*A*A*A*A*A*^*A*^*^*A*A* li 1f if �i if if .f i{ CM lf- iVOiiL iii 0 —ii 1 7 2ii ii ii !f a ii a if ii ii ii ii i. ii Regular Meeting May 13, 1991 RESOLUTION NO. 40 - 91 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES and adopted Revised Position Allocation Plan for Fiscal Year 1990-91; PUBLIC HEARING 1990 EDITION OF NATIONAL ELECTRICAL CODE (440-20) Mayor Snyder opened the public hearing. . Chief Building Official Taugher advised that State Law requires the City to adopt the latest edition of the National Electrical Code within 6 months after the State has adopted the Code. A draft Ordinance was presented to the Council which amends Section 7 . 36. 030 of the Dublin Municipal Code by changing 1987 to 1990. Also, when codes are adopted by reference, the Ordinance must contain the provisions for violations and penalties. Section 2 simply restates the existing provisions of Section 7. 28. 200. Mr. Taugher advised that the Council should set a public hearing date for the adoption of the Ordinance for the meeting of May 28, 1991. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. Cm. Moffatt questioned why the City has to adopt this. Mr. Taugher explained that this requirement makes cities keep their codes up to date. Cm. Burton commented that this is a standardization so that the code is uniform. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and set a public hearing date for May 28, 1991. PUBLIC HEARING APPEAL - AMERICAN CITY TRUCK STOP CUP 6310 HOUSTON PLACE (450-50) Mayor Snyder opened the public hearing. Planning Director Tong distributed a revised Resolution to the Council, Staff and Applicant. Mr. Tong advised that on January 17, 1991, the Applicant submitted an application requesting Conditional Use Permit approval to continue the operation of a truck stop, weigh scale, long term storage of trucks and ancillary retail space at 6310 Houston Place. A previous Conditional Use Permit for the truck stop expired on January 20, 1991. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*/ *A.LA J.A*A 1A iA1AiA.L A.L CM - VOL 10 - 173 i li if ii ii if a if if Regular Meeting May 13, 1991 Mr. Tong advised that on April 1, 1991, the Planning Commission adopted Planning Commission Resolution No. 91-022 approving the CUP. On April 4 , 1991, this action was appealed by the Applicant; specifically, Condition #5 of the resolution which requires the Applicant to remove and replace the A. C. pavement section and curb and gutter on Houston Place at the intersection of Dougherty Road subject to Public Works approval. The Applicant contends that the repair of the street, curb and gutter is the responsibility of the City and that water has caused the failure of the pavement and concrete. Mr. Tong explained that Staff recommended that the American City Truck Stop share in the cost of the pavement and curbed gutter repair based on the truck stop's proportionate share of the truck traffic using Houston Place. The method of repair and the cost shall be worked out between the Applicant and the Public Works Director. The City will need to incur the remaining share of the repair costs since Admiral Van and Storage is not applying for any new permits. Cm. Moffatt questioned if the street is private or public. Mr. Tong advised that it is a public road which was accepted by the City. Cm. Burton questioned how the road was built. Public Works Director Thompson advised that Fred Houston built the road as part of a minor subdivision. Cm. Burton questioned if it was built specifically with trucks in mind and designed accordingly. Mr. Thompson advised that the biggest problem is at the intersection where trucks roll over the curb. It will be necessary to beef up the corner section to make sure this doesn't happen again. Cm. Moffatt indicated that in his letter, Mr. Houston says there are a few other conditions he is opposed to. He questioned if these have been resolved or if they are still outstanding. Mr. Tong stated that Staff believed that the appeal letter of April 15th clarifies that his only condition of appeal is #5 regarding asphalt curb and gutter repair. Cm. Burton questioned if the City was trying to establish that it could go anywhere and require people to repair the streets. Mr. Ambrose advised that the City does this now and discussed public damage incidents. It is basically damage to public property. The City Council has the ability to impose specific conditions with a CUP. Fred Houston advised that he owns 3 businesses in Dublin and resides in Pleasanton. He is appealing the condition that he must repair a City owned street. The City states that he caused damage and he must A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A L A*A*A L A*A*A*A*A*A*A*A* CM - VOL 10 17 4 Regular Meeting May 13, 1991 repair it. He felt the damage is due to the City's failure to properly maintain the road. The City has allowed potholes to stay in the road up to 3 years and water has undermined the construction. He gave a history of the road. Five years ago, they wanted to make this a private street, but City Staff demanded that it be a public road. They were told that it would be used as a thoroughfare all the way out to Camp Parks. The road was approved by the City as well as the plans and specifications. After one year, the City came out and inspected the road and accepted it. Mr. Houston presented to the Council some type of an article related to water damage. He stated that water causes the breakdown of the streets. He also showed pictures taken of the property showing a pothole that is just starting. The berm is 10" higher than the street. Had the City gone out and maintained its property, this would never have occurred. This will happen again on this road. The pothole got fixed because Kahler's Porsche called the City and it came out and fixed it. Actually, the City just came out and put in some cold or hot patch and called it fixed. Now, all of a sudden, he comes in for a CUP and is told he has to fix it. The trucks have $700 tires, so they don't try to run over the curb which will damage their tires. His is not a new business and they are only asking for status quo. They pay gas taxes and their roads should be maintained just like everybody elses. $1.50 to $2 . 00 per foot is the going price for repairs, but the City gave him a cost of $7 . 00 per foot. Mr. Houston felt that if this is passed, it says this condition will apply to any future costs to repair the street that the City owns. Either he owns the street or the City owns it. Cm. Jeffery stated that it appears that there are tire treads on the berm and her point was that the trucks run off the road. Mr. Houston stated the street is not wide enough for 2 trucks. Cm. Burton questioned if an Engineer had looked at this related to damage costs. Mr. Houston explained that there was some misunderstanding related to the timing of a meeting with Mehran, the- City's Assistant Civil Engineer. His Engineer told him it was the City's road and damage was caused by water underneath. This would have been better to have been a private street. Mayor Snyder closed the public hearing. Cm. Jeffery felt the reason for the City owning the street is to make sure there aren't maintenance problems. She felt that it was obvious that trucks are responsible for this damage. Cm. Moffatt felt the City was getting into some soft, spongy ground to make a property owner pay for repairs caused by his customers. If, for some reason, a street breaks down in front of a house, then the homeowner would be responsible. If the City accepts a road, then the City is responsible for it. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 175 Regular Meeting May 13, 1991 Cm. Burton referenced a bump that appeared on Silvergate as a result of water under the street. Mr. Kahler mentioned to him that the City did not fix the potholes. If we accept the design of a street, it is our street. The fact that the trucks go over the curb and break the curb is another matter. The City has a responsibility to maintain the roads that it accepts. If we could prove that a truck went over the curb, this would be a different case. Mayor Snyder felt this was why the City has a CUP process. The City has an opportunity to deal with issues such as this when they come up. On motion of Cm. Jeffery, seconded by Cm., Howard, and by majority vote, the Council denied Mr. Houston's appeal and adopted RESOLUTION NO. 41 - 91 APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SPACE WITH MODIFICATION TO CONDITION #5 AT 6310 HOUSTON PLACE Cm. 's Burton and Moffatt voted against this motion. PUBLIC HEARING ORDINANCE PROVIDING FOR REVISIONS TO DUBLIN MUNICIPAL CODE (660-20) City Attorney Silver advised that in July, 1990, the City's first Municipal Code was adopted, which contained most of the ordinances which had been adopted through 1989 . During the 9 months that Staff has been working with the Code, certain discrepancies have been noted and a draft ordinance was presented which incorporated all of the changes noted to date, into one ordinance. Additions, amendments or deletions have been made to chapters related to Elections, Peddlers,- Solid Waste Management, Animal Control, Weed and Litter Abatement, Property Maintenance, Abatement of Abandoned Vehicles, Abatement of Nuisances, and Establishing Right-of-Way Lines. Ms. Silver advised that in accordance with a recent court case, municipalities are required to obtain a warrant prior to conducting inspections or abatement activities on private property. Ms. Silver also indicated that the City Clerk has begun preparation for the first update to the Code, and this ordinance will correct most of the housekeeping items, as well as changes recommended as a result of the court case related to obtaining warrants. The update will make the Code as current as possible, and will additionally include ordinances adopted in 1990 and 1991 year-to-date. Cm. Burton pointed out that Section 4 . 16. 040 B should be revised. This refers to the Murray Township prior to Dublin's incorporation. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 1 0 1 7 6 Regular Meeting May 13, 1991 He also questioned if weed abatement was done only by the Fire Authority. Mr. Ambrose advised that weed abatement is done by the Fire Authority on an annual basis. Ms. Silver advised that the weed abatement ordinance deals also with litter. The Fire Authority gets its police power through the City. There are provisions in the Government Code which allow the City to abate weeds, but it doesn't make much administrative sense to have both agencies doing this. With regard to going onto other people's property, Cm. Moffatt questioned if the County and Federal land was included in this. If there is a weed problem on County property, he asked if the Fire Department can go in and then charge the abatement to the County. Do we have any jurisdiction over this. Ms. Silver responded that she thought the answer was no we could not go onto their property, but stated she would have to review this. Cm. Howard questioned who owned the property on the hillside on San Ramon Road near Vomac Road and near Alcosta Boulevard. Mr. Ambrose responded that there is a combination of property owners. The City owns a portion. Mr. Thompson advised that MCE is maintaining this property which consists of about 10 acres. Cm. Moffatt stated he understood that the City owns most of the property in front of the Workbench. Mr. Ambrose advised that part of the property belongs to the City and the City removes the weeds regularly. Cm. Jeffery questioned if a peddler permit actually reads Dublin or if they say Alameda County. The Council then discussed various situations involving peddlers. Chief Rose advised that the permits are issued out of ETS. Mr. Ambrose stated that a business license is also required of a peddler. Cm. Burton questioned if anything was going to be done about the weeds on the side of the hill along San Ramon Road. Mr. Ambrose advised that the City has been concerned regarding the soil stability. Mr. Thompson advised that the City will be doing a soils study and will probably not be doing landscaping at this time. A*A*A*A*A*A*A*A*A*A*A*A*A*-*A*A*A*A*A*A*^*A*A*^*A*^*A*^*A*^*A*A*^*^*A* CM - VOL l 0 - 1 7 7 Regular Meeting May 13, 1991 r Mr. Ambrose stated that a fire break is put in however, between the homes and the hillside. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance providing for revisions to the Dublin Municipal Code. PUBLIC HEARING ORDINANCE INCREASING CITY COUNCIL SALARIES (700-20) Mayor Snyder opened the public hearing. City Manager Ambrose advised that this ordinance, which was introduced at the April 22 , 1991 Council meeting would provide for a 5% increase to City Council salaries for calendar year 1991. However, incumbent Councilmembers would not be eligible to receive the increase until after the November, 1992 election. The City Council's present monthly salary is $382 . 88. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 91 AMENDING DUBLIN MUNICIPAL CODE SECTION 2 . 08. 020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL PUBLIC HEARING DEVELOPMENT AGREEMENT ORDINANCE 600-10 Mayor Snyder opened the public hearing. Planning Director Tong advised that at the request of the Bren Company, Staff prepared a draft development agreement enabling ordinance which establishes procedures and requirements for consideration of development agreements for specific projects. This ordinance would add Chapter 8 . 12 to the Dublin Municipal Code. Mr. Tong advised that after the ordinance is adopted and effective, Staff will be discussing and processing a development agreement for the Hansen Ranch project. w*w*A*�*n*w*A*n*w*A*. *w*n*A*w*n*n*w*A*n*n*n*n*A*n*n*A*^*w*n*n*n*n*n*n* CM - VOL 10 - 178 Regular Meeting May 13, 1991 Marty Buxton advised that she has worked with the City Attorney and Staff regarding wording which will allow them to get started on a development agreement which will be beneficial to both them and the City. She was looking forward to going forward with the project. Mayor Snyder closed the public hearing., Cm. Moffatt stated he was happy to see this moving along. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED the Development Agreement Ordinance. UPDATE REPORT ON DOWNTOWN SPECIFIC PLAN REVIEW TASK FORCE (470-50) City Manager Ambrose advised that in January, 1991, the City Council developed a. Task Force to review issues of interest to the business community. This included programs identified in the Downtown Specific Plan. Mayor Snyder, Cm. Burton and City Staff have met with business representatives to discuss the structure of the Task Force. The business community representatives have suggested that, given the scope of issues identified in the Downtown Specific Plan, the Task Force membership should be expanded. It was suggested that subcommittees be used to evaluate issues related to: 1) Urban Design Improvements; 2) Circulation/Parking/Land Use; and 3) Special Programs. Mayor Snyder stated that the members have requested that the committee be expanded to about 12 so that each committee will have about 4 people on it.' Cm. Jeffery indicated that she had a problem with the subcommittee structure. She felt it should be expanded, but that there should be more to it. Perhaps we should have a consultant to work with the committee. She felt it was unlikely that anyone on the committee is trained to do market analysis and who could put all the information together regarding what Dublin needs. A committee will be doing this from a lay person perspective. ' She felt a consultant could get some policies down and then the committees would have some way to proceed. An unbiased consultant could provide a view that would not otherwise be available. Cm. Jeffery stated she had several resource books which she would gladly share. She felt it would be a better use of the 12 person committee to have a starting place. She stated she was very much in support of what the committee should achieve. Cm. Burton stated there would be times when outside help would be needed. Progress has been made thus far, and people have recognized that we might be taking on too much. The volunteers have indicated that they want to do the work. The danger is that when you get a consultant, they tend to do it all. This project is bubbling up and he felt that a very positive action was starting to happen. We have people willing to work with property owners and retailers. They agree that there will be times when outside help will be necessary. A*A*A*A L A*A*A*A*A*A y A* �*A*A*A*A*A*A L A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL l 0 - 17 9 Regular Meeting May 13, 1991 Cm. Jeffery pointed out that this community is more than retail and in order to put together a good and viable business community, an assortment is needed. The business people understand their own markets geared toward their types of services, but we need to have someone who can tell us about all aspects. There are ways to get a lot of the basic information and then the committee can work with the information. Cm. Burton stated he understood Cm. Jeffery's position, but when a volunteer movement starts to take place, this is a very positive thing. He was asking for a chance to see what these people can do. Cm. Jeffery questioned the timeframe. Cm. Burton stated if we get anything by Fall, we will be doing good. Cm. Jeffery felt this was exactly the right time to move forward and take advantage of the current economic situation. The City needs to jump right away so that money can be included in the budget. We should bring on board somebody who is qualified to work with the committee. Cm. Burton felt this is not the time to bring in an outsider who will put a damper on the enthusiasm of the volunteers. Let them have a chance. Cm. Jeffery stated we have discussed economic development twice previously at budget time. Cm. Burton stated he was not talking about economic development, per se. Mr. Ambrose advised that part of the problem is that there are a number of different areas that the committee is dealing with. They are trying to ascertain if there is an interest in implementing certain portions of the Downtown Plan. The committee will help open the lines of communication. The County has offered to have someone come out and look at the area for us free of charge to advise us. Mayor Snyder stated it is important to recognize that all 3 of the people have offered to bring to the City resources available through their organizations. To not utilize those resources, the City would be wasting a great possibility to develop something in the community. He felt that Cm. Jeffery was actually 2 steps ahead of them. He felt the people would be scared away if we approached it in this manner. Cm. Moffatt stated he felt the text book approach is a viable concept. He would like to have people on the front lines involved. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council authorized the Task Force to seek additional participation of up to 12 people from the business community. n*A*n*A*n*A*A*A*A*A*A*n*A*n*A*n*n*n*n*A*A*A*A*A*A*A*A*A*�*�*A*�*�*^*^* CM - VOL 10 - 180 Regular Meeting May 13, 1991 r STATUS REPORT ON DROUGHT RESTRICTIONS (1000-80) Public Works Director Thompson presented a report which: 1) detailed the Dublin San Ramon Services District Board discussion at their May 7th meeting related to drought items; 2) discussed the use of wells at parks; and 3) discussed City maintenance water cutbacks. The DSRSD Board determined that the Phase I voluntary water reductions seem to be working. They honored the City's request to eliminate street sweeping from their proposal to require the use of recycled water and exempted pre-existing grading operations from the use of recycled water, as well as limited this requirement to just the emergency drought period. They do not anticipate that they will have to go into any further mandatory rationing stages. The Board also discussed a surcharge of $1 per month per equivalent 5/8 meter to raise some money for recycling projects and to finance a well project that they want to put in in Pleasanton. This surcharge would cost Dublin $2 , 754 per year, based on existing units. They authorized a proposal to use recycled water at the Sports Grounds. Staff is still reviewing this, and will come back to the Council with a response. Staff is also reviewing the possibility of installing a well at Shannon Park and if successful, it would pay for itself in approximately 6 years. A title problem was encountered, however. When Volk-McLain sold the first piece of property in the area, they held back the water rights to Shannon Park and Staff is trying to determine who the assigns were of the original corporation, to try and get quitclaim deeds. The estimated costs for the well is $50, 000 - $60, 000. Mr. Thompson advised that the City has been able to cut back the requested 25% voluntary usageamounts and actually realized a 40% reduction compared to last year at the Sports Grounds. Cm. Jeffery questioned if we would be charged for water rights. Mr. Thompson advised that this is a possibility. He wasn't sure why these were kept back. Cm. Burton stated he thought they had mineral rights below 500 feet. He thought water could be obtained before going down 500 feet. Mr. Thompson advised that while we would have to get a permit, there is no charge to get the water out of the ground. Cm. Moffatt questioned the meaning of certain verbiage contained in the Quitclaim Deed to Shannon Park. Mr. Thompson explained that it meant that that particular corporation held back the rights to come and draw the water out at some future time or to sell those rights to someone else. Cm. Moffatt questioned if DSRSD is giving up these rights. CM - VOL 10 - 181 Regular Meeting May 13, 1991 r Mr. Thompson stated that this was something that was on the deed previously. Ms. Silver explained that DSRSD never had these rights. When it was originally conveyed in 1961, Volk-McLain conveyed title to the property, except for the water rights. Cm. Moffatt questioned the amount of $40, 000 for irrigation water. Mr. Thompson advised that the cost analysis was based on what it would cost us for potable water versus what it would cost us for fertilization on the turf. The City is reviewing the fertilizer value that the water actually has. Mr. Ambrose pointed out that recycling, under this limited proposal, is not cost effective. If you look at the cost of putting this single project together, it exceeds the cost of potable water by quite a bit. If the distribution and amount could be expanded, you might be able to achieve an economy of scale. Cm. Burton indicated that we are their only potential customer. They are spending money to pump water over the hill and if this is reduced by the fact that we use recycled water, he questioned if this had been considered. Mr. Thompson indicated we were given energy credit for this. Mr. Ambrose advised that we could ask for additional sewer connections that this would free up. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council accepted the report and authorized Staff to prepare a counter proposal to DSRSD's proposal for use of recycled water at the Dublin Sports Grounds and authorized Staff to advertise for bids for test bore, drilling and hook-up of a well at Shannon Park, if water rights can be obtained. Cm. Moffatt asked if there was a cap on the amount of money the Council is authorizing. Mr. Ambrose stated the Council is not authorizing any money at this time, but rather just authorizing Staff to go out to bid, if the water rights can be obtained. SCHOOL FACILITY IMPROVEMENT PRIORITIES (280-30) Recreation Director Lowart advised that in September, 1989, the City Council authorized an agreement between the City of Dublin and the Dublin Unified School District regarding the use of facilities. A prioritized list of proposed improvements to school property to be undertaken by the City as funds became available was provided as an exhibit to this agreement. n*A*n*n*n*n*A*A*. *�*A*A*n*n*A*n*A*n*A*n*n*A*A*n*n*A*A*A*A*A*n*n*A*A*A* CM - VOL 10 - 182 Regular Meeting May 13, 1991 Ms. Lowart advised that Staff was recommending that as part of the 1991-92 Update to the 5-Year CIP, the Council re-evaluate the priorities of the school projects, due to the increased requests from individual schools and special interest groups that certain projects be moved up on the priority list. The Park & Recreation Commission recently held a meeting and invited all groups to make presentations. Ms. Lowart indicated that the City's ability to complete the projects will depend on a number of factors such as the availability of funds, availability of water, and the availability of school facilities while school is in session. A revised priority list was forwarded to the Dublin Unified School District for their review and approval and was unanimously approved by the Board of Trustees on May 1, 1991. Ms. Lowart advised that once the Council approves the revised priority list for school facility improvements, Staff will incorporate the projects into the CIP based on the criteria discussed above. Cm. Burton asked if Staff was looking for approval on both lists submitted, or just the first list. Mr. Lowart indicated that Staff would like for the Council to approve the total list of projects, but with the understanding that the Council is not in favor of moving forward with projects that require landscaping. The actual projects would come before the City Council for approval in the future. Mr. Ambrose indicated that Staff was looking for some preliminary consensus from the Council so that the projects can be input into the process of the Capital Improvement Program. Mayor Snyder confirmed that the list coincides with the School District priorities. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the revised priority list. OTHER BUSINESS Meeting Reminders (610-10) Mr. Ambrose advised the Council that the next DRFA meeting would be held on May 20th beginning at 6: 00 p.m. , in the Council Chambers and the special joint City Council/Planning Commission/Park & Recreation Commission study session would follow at 7 : 30 p.m. in the Regional Meeting Room. A*A*A*A*A*A*A*^* *A*^*A*A*/ *A*A*A*A*A*A*A*A*A*A*A*/ *A*A*A*-*A*A*A*A* * CM - VOL l 0 - 18 3 Regular Meeting May 13, 1991 State Budget (330-80) Cm. Moffatt advised that he had an opportunity to attend the East Bay Division meeting last week and Mr. Santos, on the Board of Directors of the League of California Cities attended a conference in Tahoe on the State Budget. Cm. Moffatt distributed literature regarding what the State Government will be doing. The deficit is up to $13 . 6 billion. Mayor Snyder stated the question of fines and forfeitures seem to be the only new thing being discussed. Mr. Ambrose advised that the City's budget is being put together with a great deal of uncertainty. National League of Cities FAIR Committee Cm. Jeffery advised that the FAIR Committee met over the weekend in San Francisco and they are recommending that any City deposits in any institution be totally covered. It is public money and as such, is different than private deposits so it needs to be insured, regardless of how much is deposited. They are also recommending some changes to bank regulations. Welcome Home Parade 5/18 & Alameda County Fair Parade 6/22 (950-40) Cm. Jeffery stated she hoped to see everyone at the parade on Saturday in Hacienda Business Park. The parade begins at 11: 00 a.m. at Willow and West Las Positas There will be bands, flyovers, veterans, and lots of activity. The Mayors will read the names of those known from each City who served in the Persian Gulf. A picnic area will be behind the Associates building. Cm. Jeffery also asked if the Council wished to participate in the Alameda County Fair parade on June 22nd. Mayor Snyder advised that he will be out of town at that time. Status of JL Construction Site Clean-up (440-40) Cm. Burton requested an update on the status of the clean-up of the JL Construction Dublin Meadows project site. Mr. Tong advised that the Zoning Investigator sent out notice on May 7th giving them 10 days to comply with cleaning up the site. May 17th is the end of the 10 day period. If it is not fixed by then, the City will issue the citations and move forward. CM - VOL 10 - 184 Regular Meeting May 13, 1991 Mr. Ambrose advised that the City's chances are very slim of being reimbursed if the City ends up having to do the work. JL has been a real problem ever since coming into the City. If they would just clean up their act, they could get occupancy on many of the units right away. CLOSED SESSION At 10: 00 p.m. , the Council recessed to a closed executive session to discuss: 1) Pending Litigation, (640-30)- City of Dublin vs. Alameda County et al. (Measure D) in accordance with Government Code Section 54956. 9 (a) ; and 2) Personnel (600-30) in accordance with Government Code Section 54957 . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10: 31 p.m. Mayor ATTEST: City Clerk A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 185 if �f if if if ii Regular Meeting May 13, 1991