HomeMy WebLinkAbout4.01 Approve 08-12-1991 Minutes REGULAR MEETING - August 12, 1991
A regular meeting of the City Council of the City of Dublin was held
on Monday, August 12 , 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.
INTRODUCTION OF NEW EMPLOYEES (700-10)
Two new employees were introduced to the Council. Planning Director
Tong introduced Fawn Holman, a Dublin resident who recently filled the
Office Assistant II position in the Planning Department.
Assistant City Manager Rankin introduced Rose Macias who filled the
newly created position of Community Safety Assistant. This position
combines crime prevention and disaster preparedness activities. She
was previously employed by the City of Fremont for 18 years.
The Council welcomed both Fawn and Rose aboard.
CONSENT CALENDAR
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Regular Meeting of July 22 , 1991;
Received the City Treasurer's Investment Report for Period Ending
July 31, 1991 (320-30) ;
Approved San Ramon Road Phase IV Project Contract Change Order No. 5
and authorized the Mayor to execute same (600-30) ;
Authorized Staff to solicit bids for Contract 91-04 , Shannon Center
Exterior Painting (600-30) ;
A 1 A 1 *A* *A*A*A*A i 1 A*A*A*A*A*A*A 1 A y A y A*A y A y A*A*A*A*A*A*A*A*A*A*A*A*A
CM - VOL 1 0 - 28 5
Regular Meeting August 12, 1991
----------------------------------------------------------------------
COPIES TO:
ITEM N0. Ad`dL 1,
Adopted
RESOLUTION NO. 78 - 91
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR
NIELSEN SCHOOL PLAY AREA (600-30)
and
RESOLUTION NO. 79 - 91
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR
CRONIN SCHOOL PLAY AREA (600-30)
Approved Warrant Register in the amount of $1, 125,998 . 83 (300-40) .
Items pulled from Consent Calendar:
Public Works Thompson apologized for the lateness of completion of the
Staff Report related to accepting improvements for the Overlay and
Dougherty Road Bike Path contract. The financing for this project
became very confusing in order to maximize SB 140 and Proposition 111
monies.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council accepted improvements under Contract 91-02, Annual
Street Overlay/Dougherty Road Bike Path, authorized $70, 936. 31 payment
to Les McDonald Construction, authorized a 1990-91 Fiscal Year budget
transfer of $93 , 997 . 10 from the Street Maintenance Operating Budget to
the Overlay CIP Budget, and instructed the Finance Director to make
the appropriate fund transfers consistent with the rules of SB 140 and
Measure B (600-30) ;
Cm. Burton stated he would like to see the item related to gifts to
the Senior Center get a little more attention. We have 3 major
donations and these are very generous contributions.
Cm. Moffatt asked if the gifts were under the auspices of the gift
catalog.
Mr. Ambrose responded that they were not.
Cm. Moffatt asked if the gift catalog procedures could be utilized.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council accepted gifts of equipment donated to the Senior
Center and directed Staff to prepare formal acknowledgments to the
donors (150-70) .
Cm. Moffatt asked that item related to adopting a Military Unit be
removed from the Consent Calendar for discussion. This is a great
idea and he wanted to make sure we still have a committee of Dublin
residents to participate in this endeavor.
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 - 286
Regular Meeting August 12, 1991
Shelly Bergbower and Richard Lee were present and Ms. Bergbower
indicated they are neighbors and discuss this project frequently.
They are ready to move forward. They wanted to wait until they heard
from the Unit to make sure they wanted to be adopted by the City. The
gift from the City is very important. The Unit is currently in
Germany.
Cm. Jeffery suggested we mail copies of the Community Profile Brochure
when we mail the gifts. This brochure is very informative and nicely
done.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote, the Council directed Staff to issue a press release informing
residents of the City's action to support and promote the America
Supporting Americans Adopt-A-Military Unit Program and encouraging
local residents to correspond with Unit members. The Council also
directed Staff to send a symbolic gift from the City to each member of
the adopted Unit and also to the Dublin residents who participated in
Operation Desert Storm. The Community Profile Brochure should also be
included with the gift (150-85) .
Cm. Moffatt advised that as a group, the Audit Committee felt that
Maze & Associates had done an excellent job and recommended that the
City continue to use them.
Cm. Moffatt also asked if the Council would be interested in changing
the name of the Audit Committee to the Finance Committee in order to
allow them to develop policies.
Cm. Jeffery felt the Council does this.
Cm. Moffatt felt they could discuss broad policies insofar as they
affect the City.
Cm. Burton stated he did not feel this should be decided on impulse
and suggested that the scope of the committee be reviewed by Staff if
Cm. Moffatt wished to pursue it.
Mayor Snyder suggested that this issue should be dealt with as a
separate issue.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council agreed to continue using the auditing firm of Maze &
Associates for independent auditing services for 4 more fiscal years
(310-20) .
Mayor Snyder asked if there was consensus to have Staff bring back
some kind of a report on a Finance Committee.
Cm. Jeffery stated she did not see a need for this and suggested
waiting until something comes up and then discuss it at that 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*. *A*A*A*A*A*A*
CM - VOL 10 - 287
Regular Meeting August 12, 1991
Mayor Snyder announced that there was no consensus to proceed with
this.
Cm. Burton felt the drafted letter related to the Airport Land Use
Policy Plan was considerably overstated and a little heavy duty.
Airports are being closed all over because of encroachment issues.
Their policy isn't saying we can't build, it's just certain types of
buildings. He felt the letter should be reconstructed to advise that
we want to be involved in the decision making process, but not make
statement about the affect this has on our future.
Cm. Burton made a motion to withdraw the letter and stated he would be
happy to work with Staff in redrafting it. This motion died due to
lack of a second.
Cm. Moffatt stated he felt that if anything, the letter was weak and
could be worded much stronger. The biggest problem with any airport
is the noise, but as of yet, Livermore has never adopted a noise
abatement ordinance. If anyone lives within the airport zone, it has
to be disclosed and traditionally, property values are lower by about
5 to 20%. Livermore has not gone through the due process to give
anyone in that area notice. They also have never established a system
of fines against pilots. He questioned if we are complaining to the
right person.
Cm. Burton felt we need to get this in focus. Livermore, as a city,
is trying to put together a committee to avoid these types of things.
Cm. Moffatt stated in order to form this, they must notify and in
doing so, this drops values.
Cm. Burton felt it is a good idea to have a zone.
Cm. Moffatt advised that there is already an FAA zone over there. He
indicated he had maps if Cm. Burton wanted to see them.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority
vote, the Council authorized the Mayor to sign a letter expressing
Dublin's concerns about the proposed addition of Livermore's airport
protection area to the Airport Land Use Policy Plan (1060-70) . Cm.
Burton voted against this motion.
PUBLIC HEARING
LANDSCAPING & LIGHTING DISTRICT 83-2 , TRACT 4719 (360-20)
Cm. Burton did not participate in the discussion or vote related to
this item because he owns rental property within this assessment
district.
Mayor Snyder opened the public hearing.
n*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 - 288
Regular Meeting August 12, 1991
Public Works Director Thompson advised that Assessment District 83-2
pays for landscape maintenance along Stagecoach Road and on the
interior slopes of the Dublin Hills Estates development, Tract 4719 .
The proposed 1991-92 assessment is $194 . 64 per single-family lot and
$36 per multi-family lot.
Mr. Thompson advised that the cost of maintenance of the Stagecoach
Road landscaping is spread 60% to the Amador Lakes development,
divided among the 552 condominium lots, and 40% to the Dublin Hills
Estates development, divided among the 150 single-family lots. The
interior slopes maintenance is spread among the 150 single-family lots
only.
The proposed assessment of $49, 068 for the 1991-92 tax year is
approximately $4 , 154 higher than last year's assessment and is due
primarily to replacement of plant material that was damaged or
destroyed by the winter freeze and replacement of vandalized
irrigation components.
Cameron Raether, a Turquoise Street resident indicated he had lived
here since the development first started. This is the third time this
landscaping has had to be redone for one reason or another. There has
to be a simpler way of doing this. He was told the City is trying to
create a model street, but there must be something that could be
planted that would live. There is a lot of dead space up there. The
types of plants they are putting in should be something simple like
the highway department uses along the freeways.
Mr. Thompson advised that we will be replanting with Hypericum which
is a very hardy drought-resistent plant. The soil is very sandy and
it does not take hold. Also, we can't get as much water on it as we
would like.
Cm. Moffatt asked if it would be possible to get the homeowners
together on a regular basis when there is a problem up there and work
with them to decide what would be the most logical and economical way
of proceeding.
Mr. Thompson advised that there have been neighborhood meetings in the
past.
Cm. Jeffery mentioned that at one of the League of California Cities
conferences they did a demonstration of some drought-resistent pellets
that you can put in the soil to retain the water. She suggested that
the City look into this.
Mitchell Netto stated he had been a resident every since the
development opened and lived on the corner of Stagecoach Road and
Sapphire. He felt the problem was that no one ever added soil
amendments and so it never holds the water. He has gone to a great
deal of effort and expense to make his yard look nice. This area has
always been an eyesore. He felt it would be more appropriate for the
City to send out letters with solutions identified rather than just
excuses for all the problems. He and a number of his neighbors don't
A*n*n*A*A*A*A*A*A*A*A*A*A*A*w*A*A*A*A*A*A*A*A*A*^*^*^*^*^*^*^*^*^*^*^*
CM - VOL 10 - 289
Regular Meeting August 12, 1991
feel they have received what they have paid for. He stated he was
opposed to the rate increase.
Kathy Gills who lives on the corner of Sapphire and Stagecoach Road
stated she bought her home in 1989 when real estate rates were up.
They were attracted by the fact that the landscaping was kept up
nicely. They did not know about the problems happening before. This
last 6 months, she has been appalled at the way it has been taken care
of. Two weeks ago, the weeds were so high it looked like a junk yard.
House prices have gone down and not only have their property values
suffered as a result of this mess, but she has never heard about
getting the neighborhood people together to see what could be done
about this problem. There are quite a few new people in the area.
They are upset. She stated she was opposed to the new rate.
Theresa Stam, Property Manager of Amador Lakes advised that they pay
60% of the assessment and they don't feel they are receiving 60% of
the benefit. The entrance is a barren area. She has been in Dublin
for 27 years. They have called several times to have trees replaced
and sprinkler repairs. Their work crew daily maintains the front of
their property. She showed pictures of situations which have gone on
for 3 years. She stated she did not disagree with the maintenance
costs, but the maintenance should be done.
Cm. Howard questioned why we would replace the plants now with the
drought situation.
Mr. Thompson advised that there are several areas that need
replacement very badly. We are proposing the use of a drought-
resistent plant. If we cut back in one area, we can plant another
area. If we don't landscape it, it tends to erode.
Cm. Howard questioned the history of the project.
Mr. Thompson explained the background of the project and the problems
over the years.
Mr. Ambrose stated that another thing is the fact that the developer
requested that a maintenance assessment district be formed. This
could have been done by a homeowners association like other areas.
The assessment district option was requested of the City. We use the
work alternative program extensively for this area. There is a
substantial number of acres, and it is very difficult to keep costs
within the budget. The City tries to keep the assessments to a
minimum and at least do an acceptable level of maintenance. We have a
great deal of adversity. The highways lost a lot of landscaping this
past winter also.
Cm. Howard questioned what the advantage was to having it as an
assessment district rather than a homeowners association.
Mr. Ambrose advised that the developer thought he could guarantee a
higher level of maintenance over the years. Usually, with a
homeowners association, it is a constant battle to maintain. The City
A*A*n*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 - 290
Regular Meeting August 12, 1991
certainly recognizes that the appearance is not as it would like to
see it either.
Mr. Netto stated he did not feel the costs were unreasonable, but it
simply should be done correctly. It should be replanted as soon as
possible as the planting season is starting to get pretty late.
Mayor Snyder closed the public hearing.
Cm. Moffatt felt the City should look at some alternatives and
questioned if we could have this go back to a homeowners association.
Mr. Thompson advised that a homeowners association was not set up
originally as there was no common area to be maintained.
City Attorney Silver advised that there is a mechanism for terminating
an assessment district, but the property is in a street right-of-way
and the slopes have an easement. An assessment district can only be
used to maintain improvements on public property. If you terminate
the assessment district you would still be left with the question of
who would maintain this property.
Cm. Moffatt asked if a dissolution would have to be done by popular
vote.
Ms. Silver stated it could be done by the City Council.
Mr. Thompson stated he thought there was a requirement in the PD
Zoning requiring common maintenance of these areas.
Cm. Moffatt questioned if any corners could be cut by talking to the
homeowners.
Mr. Thompson stated he was willing to meet with the homeowners, but he
wasn't certain there could be a cost savings. This is a very small
area.
Cm. Jeffery asked if changes were made relative to assessment district
vs. homeowners association, if they could occur this year.
Ms. Silver stated it would take some time to look into this.
Mr. Ambrose advised that this year's assessments must get to the
County Assessor this week.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous
vote (Cm. Burton abstained) , the Council adopted
RESOLUTION NO. 80 - 91
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR
CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. 1983-2 (TRACT 4719)
n*n*n*^*A*^*A*^*A*A*A*^*A*A*A*A*A*A*A*A*A*A*^*A*^*^*^*^*^*^*^*^*^*^*^*
CM - VOL 10 - 291
Regular Meeting August 12, 1991
Mayor Snyder stated the Council understands the resident's concerns
and if there were a reasonable resolution to this problem, the Council
would rather look into the resolution than go through this every year.
The City is committed to finding something better.
* * * *
PUBLIC HEARING
REMOVAL OF LIMITED PARKING ZONE-STARWARD DRIVE @ OXBOW LANE (570-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that a 2-hour parking zone was
established on Starward Drive at Oxbow Lane by the County in 1977 .
The City's Traffic Safety Committee recently reviewed this situation
and recommended that a small amount of red curb be installed on either
side of the driveway of a medical office building at 7475 Starward
Drive for visibility purposes. The City's Municipal Code authorizes
the City Manager to approve up to 15' of red curb on either side of a
driveway; however, removal of the limited parking zone requires
adoption of a resolution by the City Council.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council adopted
RESOLUTION NO. 81 - 91
REMOVING A LIMITED (2-HOUR) PARKING ZONE ON THE
NORTHEASTERLY SIDE OF STARWARD DRIVE, SOUTHEASTERLY OF OXBOW LANE
* * * *
PUBLIC HEARING
AMENDMENTS TO BUSINESS REGISTRATION ORDINANCE (390-40)
Mayor Snyder opened the public hearing.
Finance Director Molina passed out a corrected first page to the draft
Ordinance.
Mr. Molina advised that Dublin's Business Registration Ordinance
became effective in October of 1990. Approximately 1, 400 licenses
have been processed and after working with the Ordinance for several
months, Staff has identified certain sections which should be reviewed
for possible revision. This would ease administration of the
Ordinance, lower certain fees in accordance with the cost of
performing certain functions related to the Ordinance and bring the
Ordinance into conformance with recent changes in the law.
CM - VOL 10 - 292
Regular Meeting August 12, 1991
Mr. Molina summarized the 6 proposed revisions discussed in the Staff
Report. These included: 1) Clarification of exemption for practicing
attorneys at law; 2) Clarification related to landlords of multiple
buildings; 3) Proration of fee for business transfers to different
locations; 4) Lowering fee for transfer of business to a different
owner; 5) Fee Collector required to obtain judicial authorization
before entering premises for purpose of Licensing Inspection; and 6)
Provide Fee Collector with authority to waive or reduce penalties.
Cm. Moffatt questioned if #3 would be a modification to reflect a
change in business location only and not type of business.
Mr. Molina responded that it would relate to business location only.
If there is a change in activity, it requires a separate license. If
you change your SIC code, you would need a separate business license.
Cm. Burton asked if this is passed and a business license has already
been paid for under the old terms and the rules change, how far will
we go back in adjusting.
Mr. Molina advised that even though we are still in the first year of
the Ordinance he anticipates that we would refund each affected
business.
Ms. Silver advised that this is incorrect; there are no provisions for
the Ordinance to be retroactive.
Mr. Ambrose advised that most of the changes are housekeeping items
and it would be more equitable to the business owner to make these
changes.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council waived the reading and introduced the Ordinance.
DUBLIN HISTORICAL PRESERVATION ASSOCIATION STATUS REPORT (910-40)
Recreation Director Lowart advised that on June 27, 1991, the City
Council considered a request for funding in the amount of $16, 140 from
DHPA to refurbish the Old Murray School, as well as to update and
reprint the book "Dublin Reflections" . The funding was approved,
provided a lease agreement with the Dublin Cemetery could be secured
within 30 days. Ms. Lowart indicated that a copy of a lease agreement
entered into on July 23 , 1991 was included in the Staff Report.
Ms. Lowart advised that the City Council direction related to repairs
was that invoices must be submitted for all work done and City checks
would be made payable on a duel basis to the contractor and DHPA.
Ms. Lowart advised that a proposal was made to the City Council by
DHPA on June 11th to form a study group to consider how best the
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 - 293 �f
Regular Meeting August 12, 1991
history and culture of Dublin can be promoted. As directed, Staff
contacted the Dublin Cemetery, the Dublin Fine Arts Foundation and the
Livermore-Amador Valley Historical Society to request that they review
the proposal and consider attending an informal meeting to discuss the
future of the Dublin Heritage Center. Ms. Lowart advised that all 3
groups have indicated a willingness to meet.
Cm. Moffatt stated the amount of money appropriated was not the full
amount requested by DHPA, and he wanted to make sure that the building
will be repaired first and then left over funds could go toward the
reprinting of "Dublin Reflections" .
Ms. Lowart advised that in DHPA's request for funding, they
specifically advised the dollar amounts for the improvements, as well
as for printing.
Mr. Ambrose stated the City Council specified the amount for the
repairs and the amount for the book.
Cm. Burton felt the main objective of the study group is to preserve
rather than the stated, "preserve and promote" .
Mayor Snyder felt this was a philosophical position on the part of
DHPA.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council directed Staff to arrange a meeting of the
interested parties regarding the history and culture study group.
Cm. Moffatt suggested that the committee (Cm. Moffatt & Cm. Burton)
first meet individually with each of the organizations to find out
their wants and desires.
Mayor Snyder felt that once you start to dissect groups such as this,
you run into problems.
Cm. Burton agreed and stated the key is 'informal' meetings.
UPDATE ON GATEWAY PROJECT IN SAN RAMON (420-50)
Associate Planner Choy advised that the proposed Gateway project
involves a request by Prometheus Development Company, Inc. , for a
Vested Tentative Map and Development Plan for an approximate 85 acre
portion of the Laborers' Union property located at the northwest
corner of San Ramon Valley Boulevard and Alcosta Boulevard in San
Ramon, bordering the northern boundary of the City of Dublin.
Dublin Staff has provided the San Ramon Planning Commission with oral
communications indicating the apparent need for additional
environmental review on the Gateway Project.
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 - 294
Regular Meeting August 12, 1991
Mr. Choy explained that Staff was seeking Council direction and
offered options of: 1) Follow up oral communications with written
statement; 2) Let oral communication stand as is; and 3) Let Dublin
private property owners negotiate with the applicant regarding the
location of a soundwall on their properties.
Cm. Jeffery questioned if both 1 and 3 direction could be given. She
also would like to see a copy directed to the attention of the San
Ramon City Council.
Mr. Choy stated that at this point, the Dublin residents have not
indicated whether or not they want the soundwall.
Mayor Snyder questioned why the wall couldn't be put on the property
owned by the City of San Ramon.
Mr. Choy advised that their property is higher than 61 .
Cm. Moffatt questioned if the City Council directed option 1, would
this force San Ramon into any position. Would they have to get
another EIR?
Mr. Choy explained that we may want to state the two findings as to
why we object to the study. Later in the process, we would have to
formally object to the project.
Cm. Moffatt asked if the Dublin residents can come back after the fact
and go further or will they just be cut off at this point.
Mr. Choy advised that San Ramon would need to put together some
measures for mitigating as part of their Mitigation Monitoring Program
for the project. The residents would have to negotiate with the
applicant prior to the installation.
Cm. Burton questioned if the only mitigation option being proposed is
a soundwall. There were several concerns brought up at all the
meetings.
Mr. Choy gave a brief history of the project. Their EIR may need to
go further and discuss other mitigation measures.
Mr. Ambrose advised that the resident's concerns should not be
understated. They don't want the commercial on that side of the
development.
Mayor Snyder felt that it had already been adopted by the City of San
Ramon in general.
Mr. Tong stated that the project has been revised with regard to most
of the other concerns.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous
vote, the Council directed Staff to follow up the oral communications
made at the August 6th public hearing with a letteLr LtoL the San Ramon
A*A*A*A*A*A*A*A*A*A*A*A i i^i i A i i A*A�{-i f A i f A.i A i i A*A
CM - VOL 10 - 295
Regular Meeting August 12, 1991
City Council and Planning Commission and also agreed to let the Dublin
private property owners negotiate with the Gateway Project applicant
regarding the location of a soundwall on their properties.
* * * *
SELECTION OF FALL BANNERS AND NEW
ST. PATRICK'S DAY BANNERS AND AUTHORIZATION TO SOLICIT BIDS (350-20)
Public Works Director Thompson advised that the City Council
previously directed Staff to pursue obtaining fall season banners. In
the process of developing the CIP for banners, Staff also included
funds to purchase additional banners for the December holiday season,
St. Patrick's Day, and Flag banners for patriotic occasions.
Mr. Thompson stated that Staff was recommending that the City Council
choose one design for Fall banners and one design for St. Patrick's
Day banners or provide direction regarding custom designs and
authorize Staff to solicit bids for the banners.
Cm. Burton stated he questioned whether a fall banner is really
necessary. Banners with leaves do not really reflect the City's
shopping areas. He suggested that the flag banners be taken down in
October and then the Christmas shopping begins soon after. He looks
at it from a business standpoint.
Cm. Moffatt felt the banners give the seasons a transition period.
Some kind of a fall element gives the transition into the next season.
He recommended that we get into a festive spirit and think of Dublin
in the fall.
Cm. Jeffery felt the question was to select the style and design. She
liked style F because of the double banner affect. Leaves would have
a longer lifetime than the cornstalks and pumpkins.
Cm. Burton stated he felt we could be a little more original than
leaves.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority
vote, the Council selected design "F" for the fall banners. Cm.
Moffatt voted against this motion.
Cm. Moffatt made a motion, which was seconded by Cm. Jeffery, to
select design "B" for the St. Patrick's Day banners. Prior to a vote
of the Council, this motion was withdrawn.
On motion of Mayor Snyder, seconded by Cm. Jeffery, and by majority
vote, the Council selected design "A" for the St. Patrick's Day
banners and authorized Staff to solicit bids. Cm. Moffatt voted
against this motion.
* * * *
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 - 2 9 6
Regular Meeting August 12, 1991
STATUS REPORT ON PROPOSED I-580
SOUNDWALLS @ DUBLIN SPORTS GROUNDS (800-30)
Public Works Director Thompson advised that the environmental document
for the BART extension project requires BART to construct a soundwall
along I-580 at the Dublin Sports Grounds on the basis of existing
conditions. Mr. Thompson discussed the benefits and the disadvantages
of a soundwall installation. If the City of Dublin prefers not to
have the soundwall, BART will not be required to install it.
Mr. Ambrose advised that we have received concerns regarding safety
from the sports groups on some of the fields closest to the freeway.
The City has had at least one request for some kind of a barrier.
Cm. Burton asked if there had been any comments regarding sound issues
at the sporting events.
Mr. Ambrose advised that it is quite intimidating on field #6 with
cars traveling at 55 mph in close proximity to the field.
Mr. Thompson showed slides of the area and explained the visual
impacts of a soundwall.
Cm. Moffatt asked if the wall would have to be structurally engineered
to stop the wind.
Mr. Thompson advised that it would.
Cm. Moffatt asked if we could use the money they intend to spend in
any other way.
Mr. Thompson advised that BART would be spending it and it could be
more of a horse-trading item.
Cm. Moffatt asked if we could get a partial wall just around the
Sports Grounds and leave the business frontage without a wall. One of
the assets of being along the freeway is the site advantage it offers.
Mr. Thompson felt the City could request something shorter.
Cm. Howard asked if the soundwall had to be 14' high.
Mr. Thompson advised that BART felt it should be 14' high in order to
mitigate the noise.
Cm. Howard advised that she did not want to see a 14' wall there.
Cm. Burton felt we should try to keep it away from the business end
and also away from the Civic Center. Covering the Sports Grounds
seems to be the objective, but the businesses and Civic Center should
remain open. He felt it could be cut back rather than just a drop
off.
^*^*^*^*A*^*^*^*^*A*A*^*A*^*^*A*A*^*^*A*^*^*A*A*A*^*A*n*^*A*^*^*A*A*^*
CM - VOL 10 - 297
Regular Meeting August 12, 1991
Cm. Moffatt asked if a wall would be built on the Pleasanton side
also.
Mr. Thompson advised that because the Sports Grounds is a park, it is
treated as a residential neighborhood. It is not necessary to
mitigate a commercial area.
Cm. Jeffery stated she was not in favor of this wall. Parents are
worried, however, about a car that could come down from the freeway
into the Sports Grounds. Some type of a small barrier would be
preferable. Our businesses should show, plus she felt there was some
beauty being able to see the Sports Grounds and the Civic Center.
BART will be having funding trouble but she suggested talking to them
about putting in some type of a barrier.
Mr. Thompson felt it would need to be about 3 ' high and ramp up.
Mayor Snyder reminded the Council that this item was only about BART
building a wall to mitigate sound. This is a sound issue only and not
safety.
Cm. Moffatt advised that people have told him that soundwalls actually
echo sound.
Cm. Jeffery made a motion to advise BART that the City is not
interested in a soundwall. This motion died for lack of a second.
Cm. Moffatt made a motion to advise BART that the City of Dublin is
not interested in a soundwall, but would like to talk about other
options. This motion died for lack of a second.
Cm. Burton made a motion, which was seconded by Cm. Howard, to advise
BART that the City Council feels that a wall of this type is not
suited, but rather the Council would like to have them consider a
shorter or lower wall. This motion was defeated due to a majority of
NO votes cast by Cm. Jeffery, Cm. Moffatt and Mayor Snyder.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council directed Staff to advise BART that the City is not
interested in putting a soundwall at this location. The Council
further directed Staff to contact Caltrans related to safety concerns
at the Sports Grounds and discuss a short wall or barrier of some
sort.
Larry Alexander with Visual Sales Productions addressed the Council.
He stated his company represents the auto dealership in sales
promotions. One of the reasons they sought this site was because of
the excellent freeway visibility; everybody sees this location. It
would be devastating if a wall were put up. They would suffer
greatly. It is important to have this as an advertising tool. The
automobile business is not as healthy in California as one might
think. They are marginal right now, but see a great future for
Crossroads Pontiac/Toyota. If a wall goes up, they will be behind a
wall on a dead end street. They contribute significantly to the tax
^*^*^*^*^*n*^*n*n*A*A*n*A*n*n*n*n*n*A*n*, *A*A*, *A*n*A*A*A*�*A*A*A*A*A*
CM - VOL 10 - 298
Regular Meeting August 12, 1991
base of the City and questioned who this wall would actually protect.
A wall is visually polluting and this wall would definitely be a
detriment to Dublin.
ALAMEDA COUNTY BOARD OF SUPERVISORS' REDISTRICTING PLAN (620-70)
Mayor Snyder requested that Staff place the Alameda County
Supervisorial Redistricting Proposal on the agenda for discussion.
The Board of Supervisors recently introduced an Ordinance which would
implement Alternative Plan S, and result in placing the City of Dublin
and a portion of the City's eastern sphere of influence in the
Supervisorial District of Mary King. Based on a modification to
Alternative S at the request of Supervisor Campbell, it is possible
that the future boundary of the City of Dublin could encompass 2
Supervisorial District.
Cm. Jeffery felt the Board of Supervisors, who are supposed to
represent us made a mistake and did not even bring this to us to look
at and we should formally register our complaint. They have basically
divided Dublin. In the long term, this will make a big difference.
We should ask them to revise it back so that our sphere of influence
is all under one Supervisor.
Cm. Moffatt felt the City should send a delegate to the Board meeting
on Tuesday morning at 10: 00 a.m.
Cm. Jeffery advised that Mayor Snyder represented Dublin very well at
the last meeting, but they already had their minds made up. Our only
hope might be some influence on where the eastern line actually is.
Mayor Snyder advised that it was Supervisor Campbell's idea to make
this change.
Cm. Moffatt felt the City should consider an initiative to increase
the number of Supervisors from 5 to 7 . We also could enter into a
lawsuit.
Cameron Raether, a Dublin resident, advised that he is appalled about
this. He asked if there was anything short of litigation that could
keep this from happening to Dublin. We are being used as a bargaining
tool.
Ron Volkman, Quartz Circle, advised that when he read this in the
newspaper he was concerned. Not only is Dublin separated from Oakland
geographically, but we lack common interests and issues. Oakland's
issues will always come first, leaving Dublin uncared for. Dublin
people don't want to live with this plan for the next 10 years. He
questioned Dublin's alternatives since we have little or no political
voting power in this district. Our only hope lies in having someone
represent us who has our interest at heart.
A*n*n*A*n*n*A*A*A*A*A*A*A*A*A*A*A*A*�*-*A*^*A*�*A*A*^*^*^*A*^*^*^*^*^*
CM - VOL 10 - 299
Regular Meeting August 12, 1991
Ms. Silver advised that the California Elections Code requires that
the Board of Supervisors redistrict by November, 1991. Every 10
years, there must be a redistricting based on the latest Federal
census. The Board may consider certain factors such a topography,
geography, cohesiveness and community interests of the different
districts. The key word is "may" . What they "must" consider are the
census and the Voting Rights Act. Political gerrymandering is against
the law. The action of the Board is taken by Ordinance and this could
be subject to a referendum. Within 30 days 10% of the voters
signatures who voted in the last governor election would have to be
obtained in order to start a referendum.
Cm. Jeffery questioned if there was anything in the Public Voting
Rights Act that would show discrimination against Dublin because we
did not even get to have a public hearing on this.
Ms. Silver did not feel Dublin could pursue this based on
discrimination. She explained the issue of partisan gerrymandering.
Cm. Jeffery questioned Brown Act violations and asked if we have
enough cause to look at some kind of legal action.
Ms. Silver responded that from what she knew, she did not feel that
Dublin would have a claim.
Cm. Burton asked if we take on an action related to the process and
let them know we reviewed some of the procedures, what happens if we
take them to court? What affect would it have?
Ms. Silver advised that a lawsuit would not stop anything unless you
request an injunction. If you collect enough signatures on a petition
for a referendum, the Board could either repeal the Ordinance or have
an election. The 10% voters would be of the entire County.
Cm. Jeffery felt we should request the map line be changed back and
request they consider all the other points. We need to continue to
say it.
Mayor Snyder stated he did not feel it would make any difference.
Cm. Jeffery stated this appears to be indicative of what will happen
in the next 10 years. She requested the City Attorney to get a copy
of the initiative that took place in Connecticut that did away with
counties in that state.
Mayor Snyder advised that the Board meeting would be at 10: 00 a.m. , on
Tuesday and anyone can attend. The Board started with Plan A. Plan S
is a modification to Plans B & R. If Plan B had never been brought
forward, then Plan S would never have come about. Supervisor Campbell
was willing to support a plan that still would have cut Dublin out of
the Valley.
n*A*..*n*..*n*A*n*w*n*A*A*n*A*A*A*�*A*n*A*A*n*n*^*n*A*^*A*A*n*^*^*^*^*^*
CM - VOL 10 - 300
Regular Meeting August 12, 1991
The Council requested Staff to fax the Council's comments the first
thing Tuesday morning. Staff should also question why they never
presented this plan in a public hearing so we could address it.
Mayor Snyder requested help in educating our new Supervisor. Things
out here are really different than the issues that affect East
Oakland.
ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG)
SURVEY ON REGIONAL GOVERNMENT (420-50)
Assistant City Manager Rankin advised that Mayor Snyder serves as an
appointee from the Mayors' Conference on the ABAG Board of Directors
and Councilmember Moffatt is the City of Dublin delegate appointed by
the City Council.
The Regional Planning Committee of ABAG recently conducted a survey on
methods of implementing regional government. The survey form
distributed to various elected officials and agency delegates states
that the information is important to " . . .ensure that a Bay Area growth
management program will accurately represent the region's collective
political will. "
Mr. Rankin stated that Mayor Snyder felt it appropriate for the entire
City Council to review the process being used by ABAG. Mayor Snyder
has concerns that the method of distribution of the survey, as well as
the structure of the questions, will not obtain a valid representation
of the stated goal.
Mr. Rankin advised that Staff prepared a draft letter to ABAG
regarding this survey and consistent with previous actions by the City
Council.
Mayor Snyder felt that one of the most important numbers to recognize
is the number of surveys distributed to the political elected
officials. A total of 454 surveys were distributed. Of the 138
responses, 44 were from elected officials. Two of these were from
Dublin. This is an invalid way to make a survey.
Cm. Jeffery stated she noted in the margins that the survey was
biased. They based their questions on biased assumptions.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council authorized the Mayor to execute the letter on behalf
of the City Council.
TRI-VALLEY TRANSPORTATION COUNCIL STATUS REPORT (1060-40)
Public Works Director Thompson advised that the Tri-Valley
Transportation Council (TVTC) was formed to consider transportation-
related issues affecting the Tri-Valley area. The TVTC operates under
a joint powers agreement made up of the Counties of Contra Costa and
A*A*n*n*A*�*n*n*A*A*A*w*A*A*A*A*A*A*A*A*A*A*A*�*�*A*A*^*A*A*^*A*^*A*^*
CM - VOL 10 - 301
Regular Meeting August 12, 1991
Alameda, and the Cities of Dublin, Danville, Livermore, Pleasanton and
San Ramon. Councilmember Moffatt is Dublin's representative on the
TVTC.
Mr. Thompson advised that the mission of TVTC is to discuss and
attempt to resolve common transportation problems. The two projects
now funded are the Tri-Valley Transportation Computer Model
development and the Tri-Valley Transportation Plan. The Model is
underway, and the RFP for consultants to prepare the Plan is now out
to potential consultants for their response.
Issues for discussion included the need for the TVTC to have
letterhead and a logo. Dublin Staff felt that formalizing the logo
and letterhead may become a step toward the transformation of this
group to an Authority, which Dublin has opposed.
Another issue is the study to look at a light rail/commuter corridor
either on or near the SPRR right-of-way or along the I-680 freeway.
Staff recommended that a decision be postponed on this until the study
is complete and all the advantages and disadvantages are known.
The third issue deals with regional transportation fees as a possible
funding source. Staff felt it would be premature to take a position
on one of the possible sources at this time.
Staff requested that the Council give direction to Councilmember
Moffatt so that the City of Dublin's position on these items may be
transmitted to the TVTC.
Cm. Moffatt stated that Danville is doing most of the letter writing
for TVTC. Only $143 per entity is being requested and we should
reimburse them for some of the expenses for the letters, stamps, etc.
If regional government is wanted by the population, what better way
than to have it made up of city entities. He stated he would hate to
slam any doors at this time. The TVTC could be considered as a
regional committee. With regard to the rail alignment, Contra Costa
County appears to be way ahead of Alameda County. We should provide
input.
San Ramon Mayor Bennett, Chair of the TVTC stated he was originally
more in favor of an Authority. The objective was to show cooperation
of agencies working successfully together. They got $70, 000 for the
Model Program and $150, 000 was obtained to do the study for the
Transportation Plan for the Tri-Valley. Problems were experienced
when sending out letters for proposals. San Ramon has taken on the
task of sending out correspondence and the identity of the entity is
not there. He suggested that perhaps the group should become an
Authority before a new Supervisor comes in. There is currently no
identity.
Mr. Ambrose discussed a previous joint powers agreement in which
Dublin participated for paratransit services. Administration
alternated among the participants each year. There didn't seem to be
any identity problems.
A*A*A*A*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*
CM - VOL 10 - 302
Regular Meeting August 12, 1991
Cm. Burton stated he didn't understand why letterhead should be such a
big issue.
Mr. Ambrose advised that Staff was just reiterating the Council's
position and was not trying to shirk any cost responsibilities.
Mayor Snyder felt a simple letterhead without a logo would suffice.
He did not feel it appropriate to list the representatives.
Cameron Raether reminded the Council of a petition that came out in
opposition to light rail in the City of Dublin. He was one of the
authors of the petition. There are still citizens out there that want
to get in on the process. Part of their concern was use of the SP
corridor. Also, he felt it didn't take much effort with today's work
processors to plug in whatever paragraphs are necessary to explain the
TVTC. Or, they could simply use a blank piece of paper.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council agreed that a simple letterhead would be appropriate
for use by the TVTC, but did not approve the development or use of a
logo.
Mr. Bennett stated he has tried to keep light rail off the SP right-
of-way because of schools, etc. Both counties have purchased the
right-of-way. If we are to be heard by MTC and other large groups, we
must be at the table first to show alternatives we don't want to see.
He felt they could get consensus for the proposed plan from all the
cities. There is already a consensus down the San Ramon Valley down
to the Dublin border. We need to start tapping into the dollars
available.
Cm. Jeffery asked how many people sit on the Contra Costa County
Transportation Authority.
Mr. Bennett advised that there are 11 and he is the Chair. They have
been criticized for not being more proactive with regard to a light
rail system.
Mayor Snyder stated that in the mid 1980's the 2 counties created a
JPA to look at the SP Corridor. On that JPA were Bob Schroder, Joe
Callahan and himself. They took a position that this corridor would
be used for horseback riding, walking and jogging, etc. He questioned
if any of their information exists.
Mr. Bennett stated he requested consideration for a bottoms up
approach rather than letting the counties take a top down approach.
Cm. Moffatt felt that Staff's recommendation would still give options.
Cm. Jeffery stated she questioned if it was appropriate to make this
decision before the study. The study should not be pre-empted.
n*n*A*A*�*n*n*n*w*n*n*^*n*n*w*n*n*, *n*w*n*�*�*^*^*w*�*n*n*�*A*A*A*A*A*
CM - VOL 10 - 303
Regular Meeting August 12, 1991
Mr. Ambrose pointed out that there are now about 1, 300 units along
Dougherty Road and the Council may want to get input from Dublin
residents before taking a position.
San Ramon Councilmember Messrini advised that they have a similar
situation of dialogue with Walnut Creek. The easy thing to do is say
let's not be premature; however, the SP right-of-way has already been
purchased and will not be unpurchased just because we want to have a
bottoms up alignment. We should be applying pressure to those
agencies so the real issue can be put on the table to the people.
This is a unique one of a kind corridor that cannot be duplicated
elsewhere.
Cm. Jeffery felt this will go to public hearings for discussion of
alternatives. A public hearing gives much greater power because
people will turn out and fight for what they want. Three different
alternatives will be considered.
Mr. Messrini felt we have an opportunity to do things that might not
necessarily make sense to an engineer. We should be somewhat
proactive in this. The window of opportunity may close very quickly;
no harm, no foul. It will cost nothing to support the right thing.
This gives us a little bit of a running start.
Mr. Bennett stated that people who live on the SP right-of-way have
been living under this cloud for several years. There are social
aspects to consider.
Mayor Snyder asked if there was an alternative to get out of this but
still show support as there seemed to be a reluctance on the part of
the Council to go with the resolution.
Mr. Bennett indicated that Dublin has no alignment and their position
would be that it just should not be on the SP right-of-way.
By a consensus, Staff was directed to send a letter stating that the
City of Dublin very strongly feels that the Dougherty Valley alignment
should be studied with equal vigor.
With regard to the third item, Mr. Bennett advised that there are off-
site mitigation fees being collected in the counties that might not be
staying in our area. CMP fees could be required. If we start
imposing fees, we should keep the money here. It looks like we are
moving toward having local jurisdictions paying for State projects.
They are picking our pockets. A broad understanding is important for
everyone to understand where we are going.
Cm. Jeffery asked how far along the Congestion Management Plan was.
Mr. Bennett advised that it is going through its last circulation. A
bare bones approach has been taken because they don't know where it is
going.
CMif- iVOL if1 0 -ii 3ii0 4 if if i. ii
Regular Meeting August 12, 1991
Cm. Jeffery felt the counties are nothing more than agents for the
state.
The Council felt the concept of regional fees to pay for needed future
transportation infrastructure improvements is premature at this time
inasmuch as the Plan consultant will be charged with making
recommendations for infrastructure funding.
OTHER BUSINESS
Meeting w/Army re East Dublin Property (420-50)
Mr. Ambrose gave a recap of a recent meeting with the Army, the
Presidio, planners and legal staff and County property
representatives. The purpose of the meeting was to compare plans the
Army had and what we are looking at in terms of East Dublin. The Army
is doing another master planning study and they have authorization and
financing for several permanent new structures on the facility,
including a medical facility, an intelligence office and are looking
at the possibility of building a 600 person facility for the National
Guard. They want to build on the sites where the dilapidated
structures are. The group agreed to meet on a quarterly basis. The
next topic will be discussion of the 47 acres south of Dublin
Boulevard. The land swap was also discussed between Windemere and
Schappel. It was a very positive meeting.
Shannon Park Fountain (210-20)
Cm. Moffatt expressed concern that the Shannon Park fountain is not
working. It uses recycled water and he requested that the Council
think about changing some of the concepts over there. The kids would
enjoy this immensely. He asked if the Council could change the policy
to allow the fountain to run on weekends. Rather than just being a
show fountain, it could be utilized.
Cm. Jeffery advised that this is not recycled water.
Cm. Burton asked if he was talking about the push fountain that the
kids play in.
Mr. Thompson clarified that it uses recirculated water.
Cigarette Machines (560-90)
Cm. Moffatt asked if the City Council wished to jump on the tobacco
bandwagon regarding banning cigarette machines, passing out free
cigarettes to high school kids, etc.
f ii if .f if ii CAM if— iVOL if1 0 —ii 3if0 51i ii if ii if if of f {
Regular Meeting August 12, 1991
The Council expressed no desire to pursue this.
Cable Television Rate Increase (1050-20)
Cm. Burton commented on a letter received from Viacom Cablevision
related to paying tax on property on which they have an easement.
Mr. Rankin advised that this topic will be on the next City Council
agenda.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 11: 35 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 - 306
Regular Meeting August 12, 1991