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HomeMy WebLinkAbout4.01 Draft Minutes 01-21-1993 . . ~ . ADJOURNED REGULAR MEETING - January 21. 1993 An adjourned regular meeting of the city Council of the city of Dublin was held on Thursday, January 21, 1993, in the Council Chambers of the DUblin Civic Center. CLOSED SESSION At 6:30 p.m., with all Councilmembers present the Council went into a closed executive session to discuss potential litigation (640-30) in accordance with Government Code Section 54956.9(c). * * * * The public portion of the meeting was called to order at 7:35 p.m., by Mayor Snyder. * * * * ROLL eALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. * * * * PLEDGE OF ALLEGIANeE (610-20) Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * POBLIC HEARING - Continued From January 14, 1993 EASTERN DUBLIN GENERAL PLAN AMENDMENT & SPEeIFIC PLAN (420-30) Mayor Snyder announced that the meeting would be adjourned at 11:00 p.m. He requested that anyone wishing to speak, complete one of the blue slips and turn it in to the city Clerk. Everyone who wishes will be given an opportunity to speak. Mayor Snyder stated by action of LAFCO today, a lot of the pressure has been lifted. They have agreed that the May 15th deadline for dealing with the issues of the North Livermore Study and the East Dublin Study is unrealistic. They agreed to extend the deadline to July 15th and it may be possible to extend the date even further if Livermore Mayor cathie Brown agrees. Mayor Snyder opened the public hearing. Planning Director Tong stated this is the second pUblic hearing before the city Council, and the 21st public meeting on eastern Dublin. A number of issues have been discussed and he stated that Mr. Carrington would give a brief itemization of the issues that have been raised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM VOL 12 - 34 Adjourned Regular Meeting January 21, 1993 ITEM NO. COPIES TO: . . senior Planner carrington advised that items discussed included the Airport protection Area issue, grading issues, curvilinear street system, whether the transit spine should be 2 or 4 lanes, location of a high school, wastewater and water availability, feasibility of financing, and the San Joaquin Kit Fox habitat. since the last meeting, letters had been received from the city of Walnut Creek, Pacific Teal and Contra costa County, noting various concerns. Major issues listed by the public last week included: open space; development should be phased; airport protection area; recommendations that rural lands be designated as open space; proposal that the plan itself be downscaled and not as large as proposed; and discussion about the Kit Fox 3 to 1 habitat replacement. Sherman Lewis, 2787 Hillcrest Avenue, Hayward, recently elected to the BART Board, stated he was embarrassed about his ignorance of the details of the plan being considered. He had come to Dublin in the past to attend a Planning commission meeting when this subject was being discussed. He also gave advise on the west Dublin issues, which obviously wasn't needed. He comes to the BART Board with some strong opinions. He has spent his life studying economics. He has an interest in dense development around BART stations. He wants to save as much of our beautiful open space as possible. The 100 acres closest to the station needs to be very dense. The 1/4 mile surrounding it should have a transit emphasis. with the 1/2 outer mile, there is still a need to emphasize walking transit. It is frustrating dealing with the land around the BART station because so much of it is not usable. He noted that 3,000 parking spaces are planned and stated this sounds crazy. It simply makes BART a part of the sprawl. He would like to look into a very strong feeder bus system and have a level of service that is adequate. He summarized that he was looking forward to working with the people of Dublin on the future stations. Edwin Diemer, 11528 Betlen Drive, Dublin, stated in addition to being a Dublin resident he is also a pilot who has been a user of the Livermore Airport over the years. He represented over 600 pilots who want the protection zone. Placing 1,000 residents under the flight pattern is simply not acceptable. This says that Dublin is not concerned about the safety of the people in the air or on the ground. He discussed at length the way departures occur. He stated the pilots would prefer to see the residential zoning changed to non-residential. A 4/5 override vote by the Council would be a big disservice to everyone. since Dublin most likely won't be able to provide services to this part of the plan for 30 or 40 years, it could just be left agricultural and then dealt with several years from now. Mr. Diemer suggested moving the sphere of influence in to a smaller area. As a citizen of Dublin, he has been involved with this since stage one. The issues are very complex, but it has been very interesting. Dublin has come a long way, but we still have a long way to go. Phases I to IV have not hit the desired results. At the meeting last week, no one raised any new issues; however, a lot of issues have not been addressed. They were led to believe that the groups would be working groups, but their concerns have not been addressed. He questioned what has happened. He realizes that Dublin has a limited Staff to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 35 Adjourned Regular Meeting January 21, 1993 . . devote time to this and there is also the money limitation. It appears that the city council has issued orders to limit responses to the various issues. Dublin needs to look beyond its own borders. Dublin ignores the impacts to its neighbors. Dublin is perceived as a City with no concern for others and just doing its own thing. The plan seems to be very incomplete and needs major rework. People will be standing in line to attack the plan if the issues are not addressed. staff has put many years of hard work into this plan and it is not fair to rush it through at this point. He was glad to see that the open comment period has been extended. He would like to see time taken to address all the issues and eliminate the errors. Dublin must open dialogue with others in the Valley. He stated he would submit written comments. Doug Abbott, 8206 Rhoda Avenue, Dublin, stated it seems we are witnessing the dawn of a refreshing new era of Dublin politics. How can we make the east Dublin plan one we can live with and be proud of? with regard to the environmental process, in the past Dublin has tended to view the CEQA process as a legal hurdle to be overcome. Serious adverse impacts are identified and boilerplate responses are issued. There are many clear inadequacies in the documents and he believes it would be prudent to recirculate the EIR and maybe if we scale the plan back, the impacts would be less. If an impact cannot be mitigated, perhaps the plan should be held up until it can be mitigated. Residents should be asked if they are willing to tolerate the inadequacies. The plan should not degrade the existing quality of life for Dublin residents. Martin Inderbitzen, 5000 Hopyard Road, Pleasanton, representing the Lin Properties and Doolan Associates stated this has not been a rush process and it represents the city's vision. They submitted a plan in 1987. staff and the city council can be confident in and take pride in the fact that the process has been controlled in every way. The irony is that it has been to the Chagrin of some that not everyone has been able to participate. If you review the record, the plan started from the point of the goals and objectives of the City and its citizens, not the property owners to the east. He urged everyone to continue to focus issues to a point where the City council can begin to make decisions. A 6 year process is not a short process. It has proceeded at a very deliberate pace. He encouraged the city to adopt a plan. Neighbors are not going to stop their planning. The council must think about the opportunities for the city. He recognized the requests to scale the plan back, but urged staff and the Council before making a final decision, to analyze this in terms of competing goals and review the balance of jobs to housing. John Chapman, a resident of Danville, stated he had a positive idea that might help. There is the possibility that the 3 other projects might end up in court. If contra Costa county moves forward, it might end up the same way. Dublin has a chance to do something right that might not end up in the courts. He stated he had a 50 minute video by Andreas Duany entitled, "Rethinking Suburban Sprawl", that the Council could review as homework. The video will really challenge those who . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 36 January 21, 1993 Adjourned Regular Meeting . . view it and he urged the council to consider it as part of the process. Bob Patterson, 11552 Rolling Hills Drive, Dublin, stated he had major concerns with the plan. He used to live in Livermore right under the flight plan. He urged the Council to not build homes under the flight plan. This is unnecessary. Also, traffic mitigation levels E or F sounds pretty bad. We might just build ourselves into a big traffic jam. Dr. Harvey Scudder, 7409 Hansen Drive, Dublin, stated what basically bothers him is that each city does their own thing. The area cannot tolerate this. There has to be a regional approach without bickering of individual cities against each other. We have one air mass, and one huge traffic problem and all these problems must have one common remedy. The air problems already exceed the limits of this valley. Adding thousands more people simply doesn't make sense. With regard to the water supply, no one is prepared to supply the water that will be needed by this plan. with regard to the traffic pattern, he stated he would like to know what the size of 1-580 would need to be. We should do everything possible to encourage mass transit. with the method of planning we are doing, the transportation issue will never be under control. Dr. Scudder discussed what he felt were the very important issues of the increasing levels of poverty, crime and ill health. For 22 years, he has been a public health officer. We need to prevent these things from becoming a reality and education could attack all 3 areas. with regard to the tax base, he questioned where the people would be coming from that will be able to afford $300,000 to $600,000 homes. If there is a market for the homes built, the people will come from the large cities. We will be robbing major cities. with regard to open space, he was still concerned that he didn't see a formal plan for handling open space. Plants and wildlife need this. A place to walk, run, or hold a picnic demands more than an attempt on the part of the City Council, but a plan. It is absolutely essential to the mental health of the people coming in. There is a trend to destroy. Marjorie Labar, 11707 Juarez Lane, Dublin, representative of the PARC as well as a Dublin resident stated Dublin has traditionally been a crossroads for the valley. We now have an opportunity rather than to follow other mistakes and problems to step out in front and lead the region into the next century. She suggested an alternative that would go to Fallon Road and follow the 500' contour of the hills. with regard to current alternatives in the EIR, she was concerned with allowing property owners to transfer some of the densities toward the designed urban core. Camp Parks will ultimately expand its operations. The city could be a good neighbor by planning less suburban uses in that area. It is a good place to put parks for family type activities. She urged us to work actively with the County and BART for surplus land on the southern border of Camp Parks. She felt we should go back and design a smaller plan and recycle the current EIR as being inadequate. It doesn't address all the issues which need to be mitigated. By downsizing, a lot of the issues will solve themselves. We should be able to come back for final hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 37 Adjourned Regular Meeting January 21, 1993 . . by the first of May. Also, we should look at sewerage that doesn't require the TWA, and look at reverse osmosis. She was pleased to see that the city council is willing to take another look at where we are going. She urged Dublin to take advantage of the opportunity to have round table discussions with the East Bay Regional Park District. She gets very frustrated hearing about the jObs/housing balance. Two people in a household with each making about $15 an hour can't afford a $400,000 home. We have an opportunity to work together to find out where the development really belongs. Don Redgwick, 25599 Huntwood Avenue, Hayward, stated he owns 160 acres in the specific Plan area. Their property is the fifth largest parcel. They submitted a Specific Plan in May, 1987 which shows 810 housing units and 90 acres of open space. The current plan allows only 60 homes, so they are not the recipient of generous zoning. Obviously, they did not control the process. Ample affordable housing is not what attracts people to this area. people who believe themselves to be environmentalists are causing some of the major problems. He suggested that houses don't create people; people create people, and thus, the need for housing. stopping and blocking development is counter-productive. Carolyn Morgan, 5184 Doolan Road, Livermore, stated the ideas she presented are not new; she has been saying them for the past 10 years, but they have been ignored. If Dublin needs to grow, the only logical place is to the east. There are a number of impacts listed in the EIR that cannot be mitigated which should be done. The plan should end at Tassajara Road. Infrastructure should be fully borne by developers who wish to develop. Schools must be completely funded. A plan for open space must be developed. Hills and canyons must be kept in permanent open space, thus creating a buffer between the cities. Leapfrog development should not occur. The city council, and not staff, needs to negotiate for land to the south of camp Parks. Housing should be placed within walking distance from BART. Let's create a plan that will make Dublin a city its residents and others in the valley can be proud of. She pointed out that there were many sponsoring property owner meetings where the public was not allowed. Cathy Straus, 7826 Alto Way, Dublin, stated with regard to comments made about the specific Plan not being a development plan, once the SP is approved, land that changes zoning, changes its value. The city could also be subjected to a lawsuit. The city Council should be really sure that what is approved will not be substantially changed in the development agreement process in order to protect the city from potential lawsuits. Comments made at all the pUblic hearings have not been typed up and responded to. city Staff should be directed to type up all these and the Council should then be able to read them. They are not bringing up new problems. They have been brought up all along. Dublin's School Board is not doing their job right now with regard to developer fees. People should attend the February 3rd School Board meeting and let the Board know they are not representing the people of Dublin. Our schools are 20 to 30 years old and there is a lot of money needed. policies 8.3 and 8.C need to be changed back to how they were originally proposed in the General Plan. This is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 38 Adjourned Regular Meeting January 21, 1993 . . very important so that we are sure that the impacts on our schools are property paid for by new residents. One hundred fifty eight acres going into open space is just not adequate. Ms. straus stated that Ted Fairfield commented that they are aSking for more community parkland than can legally be required. If this is the case, how will we get these parks? using the ratio of 1/2 acre per thousand people, she questioned how we will actually get the parkland. With regard to the fiscal analysis, San Ramon's Mayor stated they will lose 47% of their property tax if the proposed budget is passed. Dublin needs to carefully look at this. She would like to see justification for the sales tax figures. She hoped that the Council would schedule another public hearing. Mayor Snyder advised that he will ask Staff to supply responses at the next meeting. Jim Stedman, 29 Eckley Place, Walnut creek, stated he is a Civil Engineer representing the Po Lin property. They support taking the time that is required to approve the plan. They have submitted letters suggesting improvements to the plan themselves, which are very detailed. They would like very serious consideration given to their requests related to the high school site, the general commercial area adjacent to 1-580, and the spine street expanded to 4 lanes. with regard to the town center area, they share the concerns that there should be high density development closest to the freeway and BART station. This plan does need to be approved, however, the grid street requirement cannot be changed. staff has indicated a willingness to consider revisions to the town center area. Staff should be directed or authorized to undertake this study. Donna Ogelvie, 5360 Doolan Canyon Road, Livermore, read a letter from the Biologist they hired to do a study of some of the species, including the San Joaquin Kit Fox and other endangered species found in their area. She has lived in Doolan Canyon for quite a long time. She was concerned that there will be many species that will not have a home. We need to keep habitat for animals and other things so our children will know what they are all about. More studies need to be done. Bobbie Foscalina, 5200 Doolan Road, Livermore, stated the thing missing in the study is an independent market analysis. She read excerpts from an article out of a 1991 issue of the California Farmers magazine related to rural versus urban. We need to grow together, agriculture and cities and to present a plan that will work for everyone so that everybody will benefit. Mayor Snyder stated he felt that in light of the LAFCO action, we need to consider whether to hold the next meeting beyond the February 11th date which was tentatively scheduled. Cm. Moffatt felt staff should be given ample time to look at the things discussed tonight and consider alternatives. He stated he would like to leave the process open. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 39 Adjourned Regular Meeting January 21, 1993 . . Cm. Burton stated some interesting perspectives had been presented. Not everyone will be satisfied. Of the things recommended, he questioned what could be done under the present EIR. Would changing boundary lines, and changing heights that can be built, require the EIR to be redone. Tradeoffs may require the city Council to make decisions in a shorter time. The big picture must be considered. There are a lot of changes going on and if we don't do something, we may lose control. If the Dougherty Valley develops, we could be impacted without having any say. It is important that we have some control over the area. staff printed up comments from the last meeting and he stated he would like staff to take the essence of what was said tonight and relate it to the EIR. He would not like to see the EIR have to be studied for 3 or 4 more years. Cm. Moffatt questioned if staff could take the EIR back to the bare bones. What would be the minimum we could do within the EIR and SP as it is now. Cm. Houston felt that Staff should be allowed to address all the issues. Using the EIR may be like the tail wagging the dog. He would like to see the concerns addressed regarding the financial impacts. It is difficult to answer every financial question right off the bat. The city's consultant should be able to come back and address them in a public forum. What can we do to not have houses in the airport protection area? With regard to the idea of having some kind of a ridgeline limit, he questioned what other communities have come up with. Some of our neighbors might have some things they could share on what they've done. Cm. Moffatt asked what part of the project the financial concerns related to if it was 1/2 or what part of the project. Cm. Houston stated initially it has to be the whole project. Maybe phasing could be discussed and what the financial impact would be on the city. Tax implications have not been clearly spelled out. Cm. Houston stated she would like to have Staff bring back information about Camp Parks future growth plans and also the EIR issues. Mayor Snyder stated he thought it would be beneficial if staff could bring back to the next meeting, the most recent information obtained from Camp Parks about their future plans. Cm. Burton asked what is involved in changing the border line. Does this automatically start a new process if we drop it back 1/2 mile or so? Mr. Tong stated it would depend on the particulars. If it has been addressed in the EIR as an alternative, it could then rely on the existing EIR. The SP would have to be modified, but the EIR could possibly stand as is. Minor modifications can be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 40 Adjourned Regular Meeting January 21, 1993 . . Mayor Snyder stated as the plan evolved through the process, there were 3 alternatives considered in the deliberations before the Planning commission and the 3 are discussed in the EIR. Cm. Burton asked if the airport changes would require a new EIR. Mr. Tong responded possibly not as it was adopted for noise and safety concerns. It would depend on the type of residential use. Cm. Burton stated he was concerned that as long as we keep rehashing this, we raise the price of the homes. Cm. Moffatt stated of concern to him was how far can we tinker with this plan and still have BART come out here and if we lose the ability to meet our obligations, then what happens? Mr. Ambrose clarified his understanding of what the council wished Staff to go back and restudy. These would relate to 6 items: 1) Fiscal Impact: Address issues raised regarding finances, costs of service, as well as infrastructure. The study was done on the plan plus the Santa Rita property. Any additional study would have to be redone. Staff should look at everything in the study area. The consultant should come out and justify his findings. 2) Airport Protection Area: What type of uses could replace housing and also is it significant enough to have to address the EIR. 3) Ridgeline Issue: What would be the impacts if we set a 500', 600' or 700' limit and also, what have other cities done with elevation limits. 4) Camp Parks Environmental Issues 5) Camp Parks Surplus Property 6) Overall view of what the Army has as a master plan for the Camp Parks property. Cm. Burton asked if traffic should be addressed in any more specific way in the EIR because of the Dougherty Valley development. Mr. Tong stated our EIR uses one model and the Dougherty Valley analysis uses a different model. There are different results from the 2 models. Maybe 2 different variables or assumptions were used. Cm. Burton stated some people have indicated we should just start over. This is not practical, however, because of costs and time. Mayor Snyder stated we first need to ask if the current EIR addresses the concerns and if not, you then review the EIR. Ms. silver stated the EIR concerns the plan as proposed and several alternatives. If the city Council wants to approve something other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 41 Adjourned Regular Meeting January 21, 1993 . . than one of the alternatives such as a plan that goes only to Fallon Road, Staff would need to take a look at the EIR to see if it adequately addresses the impacts. staff is unable to tell at this point until it knows what the Council would be approving. Cm. Houston stated the list of 6 items should be brought back at the next meeting and then more concrete definition would need to be given based on what the council wants. Cm. Moffatt asked with regard to a reduced planning area, if you take the limits to 500' would this be a viable beginning. He suggested using Alternate 2 and drop the height. There was no disagreement from the Council. He stated he would be interested in knowing what Staff felt would be appropriate. Mr. Tong requested clarification in that there is not a continuing straight slope in the eastern area. Cm. Burton felt Staff should provide information on how this will change the number of housing units. Provide information on just Alternate 2 which stays within our sphere of influence and the SP area. Mayor Snyder questioned if February 11th would still be a reasonable date to continue. Mr. Ambrose advised that the economic consultant is not available on February 11, but would be on February 23rd. The Council concurred that the continuation of the public hearing on east Dublin will be on February 23, 1993. * * * * ADJOURNMENT There being no further business to come before the council, the meeting was adjourned at 10:00 p.m. * * * * Mayor ATTEST: City Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 42 Adjourned Regular Meeting January 21, 1993 . . REGULAR MEETING - Januarv 25. 1993 A regular meeting of the city council of the city of Dublin was held on Monday, January 25, 1993, in the Council Chambers of the Dublin Civic center. The meeting was called to order at 7:35 p.m., by Mayor snyder. * * * * ROLL eALL PRESENT: councilmembers Burton, Houston, Howard, Moffatt and Mayor snyder. ABSENT: None. * * * * PLEDGE OF ALLEGIANCE (610-20) Three Boy Scouts and their leader, Bob Fasulkey from Troop 905 led the council, staff and those present in the pledge of allegiance to the flag. * * * * CUSTOMER SERVICE AWARD FOR FEBRUARY (150-90) city Manager Ambrose presented the February customer Service Award to Rebecca Hopkins, Recreation specialist. * * * * UPDATE ON eITY SONG CONTEST (120-50) city Clerk Kay Keck advised the Council that as a result of publicity related to the city song contest, she had received several inquiries. As of 5:00 p.m., today, a total of 7 people have expressed a desire to compete. Ms. Keck stated if the Council concurs, all the participants would be invited to present their songs in a format suitable for judging by the Council at the second Council meeting in February. If a winner is selected that evening, it will give the person whose song is selected ample time to finalize the song and to prepare to either perform the song or have it performed during the st. Patrick's day festivities on March 13th. Cm. Moffatt expressed a desire for each of the Councilmembers to judge the individual songs on a 1 to 10 basis. The council concurred with this method of judging. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the timing and format for judging the City song contest. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 43 January 25, 1993 Regular Meeting . . Christmas Tree Recyclina by BoY Scouts (810-60) Bob Fasulkey, leader of Troop 905 stated at the end of 1992, the city council authorized money to be spent for the Christmas Tree recycling program. Approximately 1,600 trees were recovered in Dublin. This equaled 160,000 cubic feet of trees, compressed to 1,000 cubic yards that would have gone to the landfills. It would have cost the city $7,750 to dispose of the trees. Matt Freeman, a new Eagle Scout presented the city council with a proclamation from the Boy Scouts which recognized the city of Dublin for assisting with the Christmas Tree Program. Mr. Fasulkey stated they were looking forward to next years program. * * * * eONSENT CALENDAR On motion of Cm. Moffatt, seconded by em. Houston, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of January 11, 1993 (with correction noted on Page 5); Adopted RESOLUTION NO. 17 - 93 EXEMPTING THE DUBLIN-SAN RAMON SENIORS, SENIOR CALIFORNIANS OF DUBLIN-SAN RAMON AND SHANNON SENIORS DANCE eLUB FROM FEE SCHEDULE FOR USE OF SHANNON COMMUNITY CENTER (210-20) Received the City Treasurer's Investment Report as of December 31, 1992 (320-30); Adopted RESOLUTION NO. 18 - 93 RECITING THE FACTS OF THE SPEeIAL MUNICIPAL ELECTION HELD ON JANUARY 5, 1993, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS ARE PROVIDED BY LAW (630-10) Received a report of options available for waste oil recycling and agreed to defer the implementation of any City initiated program until the effectiveness of the County sponsored Hazardous Waste Facility in Livermore is evaluated (810-60); Received a report on the status of the General Plan and progress in its implementation, including the progress in meeting its share of regional housing needs (420-30); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 44 Regular Meeting January 25, 1993 . . Adopted RESOLUTION NO. 19 - 93 APPROVING A SAFETY-RELATED IMPROVEMENT PROJECT AND DIREeTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING (1060-90) Adopted RESOLUTION NO. 20 - 93 DIREeTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRIeT 83-1 (360-50) Adopted RESOLUTION NO. 21 - 93 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 TRACT 4719 (360-20) Adopted (with Cm. Burton abstaining) RESOLUTION NO. 22 - 93 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSeAPING AND LIGHTING MAINTENANeE ASSESSMENT DISTRICT 86-1 TRACT 5511 (360-20) Approved Warrant Register in the amount of $1,515,572.08 (300-40). Cm. Moffatt questioned the expenditure on the Finance Report for vector Control which showed to be 271% during the current period. city Manager Ambrose explained that the city annexed to the Vector control Assessment District so that this year, there should be no charges. Last year we contracted for the service and the 4th quarter billing came in after we closed the books. This was a late billing, and stands out because we have nothing budgeted this year. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the council received the December, 1992 Financial Report (330-50) . * * * * WRITTEN COMMUNICATION-REQUEST FOR STOP SIGNS ON VILLAGE PARKWAY @ HASTINGS WAY & STAFF REeOMMENDATION FOR REMOVAL OF eROSSWALK (590-40) public Works Director Thompson presented the staff Report and indicated that the Traffic safety Committee recently received a request for stop signs on village Parkway @ Hastings Way. The TSC recommends against installing stop signs at this location, as the warrants for all-way stop signs have not been met. The TSC is further recommending that the existing crosswalk be removed, as controlled crossings exist within a short distance in either direction. Many . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 45 Regular Meeting January 25, 1993 . . pedestrians, and particularly children, tend to feel that a crosswalk provides protection and security against oncoming traffic and may therefore not look as carefully for approaching vehicles. Cm. Burton questioned if the city's exposure is increased if someone gets hurt in a crosswalk. city Attorney silver advised that it would not affect the City's liability. Cm. Burton asked if there had been any recorded accidents at this location. Mr. Thompson advised not lately. Mr. Ambrose clarified and discussed the fact that there is still exposure to the City. Mayor Snyder asked if it would be appropriate to put a sign up letting people know they should not cross there. Cm. Burton questioned how the crosswalk would be removed. Mr. Thompson stated it would be sandblasted or ground off. A black slurry could also be put over it. Cm. Burton felt it would be a worthwhile idea to stencil on the sidewalk that this is no longer a crosswalk. Mr. Thompson stated he would take a look to see exactly what we can do. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the council denied the request for stop signs and authorized Staff to remove the crosswalk and existing pedestrian crossing signs and legends from village Parkway @ Hastings Way. * * * * PUBLIC HEARING REPEAL OF MANDATORY GARBAGE SERVICE ORDINANeE (810-20) Mayor Snyder opened the public hearing. Assistant city Manager Rankin advised that in accordance with Council direction, staff had prepared the necessary documents which would repeal the Mandatory Garbage Ordinance which was adopted on January 27, 1992. It was pointed out that it is anticipated that future increases to residential garbage rates will be required. This will be caused by two factors: garbage company added expenses for uncollectible accounts and reduced subscribership. The city will also receive less revenue from Franchise Fees and Administrative Fees if there is reduced subscribership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 46 January 25, 1993 Regular Meeting . . Mr. Rankin stated that the council also directed Staff to plan for implementation of a program to collect fees for the curbside recycling program and citywide quarterly garbage pickups on the property tax bill. The City cannot enact property tax levies until Fiscal Year 1993-94. Mr. Rankin advised that once the Ordinance repealing mandatory service becomes effective, the garbage company will utilize the practice of discontinuing service when an account becomes delinquent. Delinquent amounts may be pursued by the garbage company through a collection company. In the event that any amounts are determined by the company to be uncollectible, they will be written off as an operating expense pursuant to the franchise agreement. In essence, this cost will be paid for by the ratepayers. Cm. Moffatt indicated in the Ordinance there was no indication that certain fees would be put on the property tax bill. Mr. Rankin advised that this will be a separate assessment that the city Council will do in Mayor June of this year. Mr. Ambrose stated the assessment doesn't have to be done by Ordinance. Cm. Burton stated with regard to the timeframe, we have a contract now that expires in March, 1996, so we are stepping in between contract years. He asked if we have a fee schedule that goes all the way to 1996. Mr. Rankin stated the recycling fee is whatever the CPI adjusts to annually. The other rates are based on the review by the JRRRC. Cm. Burton asked if we go for an assessment on the tax bill, would it be effective in July. He thought the ordinance would take effect immediately. Mr. Rankin stated the way staff envisioned it was that the Ordinance would be introduced and then adopted at the next meeting and it then becomes effective 30 days later. Right now, Staff doesn't have a way to recover costs. Cm. Burton stated if it is passed, it will become effective in March, 1993 and the tax will become effective in July, 1993. He asked if there would be an advantage to coordinating the dates. Mr. Rankin stated in those cases where people are not paying, the amounts will just increase. Cm. Burton advised that the garbage bill will be lowered when the fees go onto the tax bill. Mr. Ambrose clarified that the overall garbage bill will go up. Mayor Snyder stated the total bill will go up by $ .30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 47 Regular Meeting January 25, 1993 . . Cm. Burton stated he was simply trying to get across the point that people will be paying 2 different ways. They will pay their garbage bill and through their property taxes. Mayor Snyder stated the $ .30 increase is because the city Council is not willing to address the deadbeats. Cm. Burton stated he doesn't want the city in the collection business and putting on liens. No members of the public gave testimony related to this issue. Mayor Snyder closed the pUblic hearing. Cm. Moffatt advised that people had called him to say that the Ordinance is a good thing to have because it keeps the city clean and that we should maintain the mandatory service. He did not feel, however, that the city should be putting liens on homes. The increase of business which is created should create a great profit for LDD and therefore, they should be able to take those added profits and put it into putting liens to collect their bills. He did not feel the city should be in a position of collecting bills for other folks. We should liberalize some of the concepts of exemption such as vacant houses should not be charged for service. The other area is people who are below the poverty level. Consideration should be given to an adjusted rate to take into account some of the people who cannot pay the $6 per month. He stated he would have to vote against repealing the Mandatory Garbage Service Ordinance. He would like it modified, however. Cm. Houston stated he was concerned with the Staff time, City council time and public time for additional public hearings to see if someone is exempt to cut peoples bills. It is a waste of time to deal with this every other week. Cm. Moffatt stated he had in mind that the council could have a policy on exemptions that Staff could handle. Cm. Burton stated he agreed with certain portions of Cm. Moffatt's comments. We have plenty of laws to keep people from leaving garbage around. We are trying to structure a whole big bureaucracy around this. We should get out of the business. Trying to force people from doing it the way they want is not appropriate. Cm. Moffatt stated he felt that mandatory garbage is like a condition of the Property Maintenance Ordinance. This Ordinance has caused a lot of pride in the city. Mayor Snyder stated he supported part of this, but for different reasons. His standpoint comes from having to work with AB 939 requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 48 Regular Meeting January 25, 1993 . . Cm. Houston stated garbage business is a heavy fixed cost business. He asked why we didn't make it mandatory for everyone to have cable television. Mayor Snyder responded that that is fluff; this is required. The State says we have to get a handle on this. He apologized for Staff time that was spent on this. Cm. Burton made a motion, which was seconded by em. Houston to waive the reading and introduce the Ordinance repealing the Mandatory Garbage Ordinance. The motion failed due to a majority of no votes cast by em. Howard, Cm. Moffatt and Mayor Snyder. Mayor Snyder asked if we still needed to split the fees and put some on the property tax bills. Mr. Rankin stated it doesn't make sense to do this now. Direction was requested on whether staff should bring back the Administrative Fee for discussion. Mayor Snyder stated he felt we had to. Cm. Houston stated some cities have a minimum service of one can on the tax bill. Mr. Rankin advised that this was the case with Union city and San Leandro. Dublin currently has 85 super recycler subscribers. Mayor Snyder stated Staff should bring back a concept like Union city and San Leandro use. Staff should just present their Ordinances for Council review. Cm. Rankin questioned direction on current delinquencies up to this point through June. He asked if LDD should pursue them through a collection agency. Cm. Moffatt indicated because of the extra business that is created, this would more than pay for it. Cm. Houston questioned the deficit rate as of this time. Mr. Rankin stated without last quarter billings, there were 97 addresses with varying subscriber rates that showed delinquencies. Mayor Snyder stated there is a point where it just doesn't make sense to follow up and to just write it off. Cm. Houston asked Staff to just work with the garbage service to see what can be done. Mr. Rankin pointed out that they were talking about a 1 1/2 year time period. The Mandatory Garbage Ordinance says the company has to continue to provide service even though people don't pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 49 Regular Meeting January 25, 1993 . . Mayor Snyder requested that Staff bring back the costs so the Council can make a decision. Cm. Moffatt stated he would like to see some alternatives on exemptions and collections and also that he has an aversion to the city getting into collections. * * * * RESIDENTIAL CURBSIDE RECYCLING PROMOTIONS PLAN (810-60) Management Assistant Bo Barker presented the Staff Report and advised that experience has shown that the amount of recycling collected is due to market conditions, consumer preference, and convenience more than being due to any promotional activity. As an attempt to set foundations for long term participation, as well as stimulating short term participation levels. new promotions are being proposed which include Earth Day Tree Planting, a School Curriculum Program, and a Recycling Contest whereby through a drawing, winners would receive a u. S. Savings Bond. The Earth Day Planting Trees proposal has been deferred in the past due to water shortages. Shortages this year will be addressed by attempting to place the trees in areas which are currently watered and which would not need any additional maintenance. Staff and LDD propose to meet with School District officials to organize lesson plans developed by a consultant hired by LDD which will be effective as a real learning tool for the young people in Dublin, as it is believed that school children are the recyclers of the future and tend to have an impact on parents who are not currently recycling. The recycling contest would be set up on a monthly basis, with the city Clerk drawing the 5 winners each month. A key aspect in making the promotion successful is the extent to which there is press and publicity around the program. No employees of Oakland Scavenger, Livermore-Dublin Disposal or the city of Dublin would be eligible to win. The award of the Savings Bonds would be made at City Council meetings. Cm. Moffatt stated he felt this was a great and innovative idea and also an opportunity to get the idea across to many of the citizens regarding the importance of recycling. He was certainly in favor of trying this out. Cm. Houston asked if there was funds allocated for this program and where the money comes from. Mr. Barker stated that under the contract with LDD, they are required to spend a certain amount on promoting recycling from the rates. Cm. Burton stated it makes a lot of sense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 50 Regular Meeting January 25, 1993 . . Mr. Rankin advised that the starting time would be in April. Mayor snyder asked if there would be new money generated next year to take care of the $24 carryover. Mr. Rankin advised that the amount is the same in future years. The amount continues for the remainder of the contract. Cm. Burton questioned how people who just leave newspapers out will be able to participate. Mr. Rankin clarified that the coupons will be in the billing and then people can put them out once each month with their recyclables. Five winners will be drawn each month. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the council approved the Livermore-Dublin Disposal's proposal to implement new programs to promote residential curbside recycling. * * * * REeOMMENDED PROJEeTS FOR APPLICATION FOR FUNDING WITHIN THE ALAMEDA COUNTY eONGESTION MANAGEMENT PROGRAM (1060-90) Public Works Director Thompson advised that the Congestion Management Authority staff has requested application for transportation projects to fill five different programs that the CMA either controls or deals with. staff recommended funding: I. Regional Transportation Improvement Program (RTIP) - support for funding the West Dublin BART station (BART will be the lead agency requesting funding). II. Federal Surface Transportation Program and Congestion Mitigation and Air Quality Program. For guaranteed distribution Dougherty Road Improvements of $203,550 and required city matching funds $26,450 for total project cost of $230,000. For competitive distribution $339,000 for installation of 3 traffic signals on village Parkway, and $2,355,000 for the Dublin Boulevard widening from Donlon Way to Village Parkway. III. AB 434 Program for the 40% Dublin share - $14,701 for staff and materials to help fund Dublin's Trip Reduction Ordinance. IV. Projects for Maintaining or Improving the Level of Service for the congestion Management Program Network. Dublin's proposed list of projects would help alleviate congestion on 1-580 and on 1-680. V. Project study Report Priority List - Support for Project study Report to be done by Caltrans on the I-580/San Ramon off-ramp and on-ramp improvement. Cm. Moffatt asked if there was any specific timeline on getting this information back to the CMA. There might be some modifications to the TVTC plan and Contra Costa County may want to participate in some of the funding. Mr. Thompson stated the information has to be in by 5:00 p.m., on February 2nd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - Sl Regular Meeting January 2S, 1993 . . Cm. Burton asked if there was any new developments on the 1-580 and 1-680 hook ramps. Mr. Thompson stated staff had been meeting with the 1-580/1-680 committee on a monthly basis. At the last meeting, it looked like they had some design savings which would allow them to build the hook ramps. They still don't have the matching money for the total project. Staff has been telling them not to look to the cities to come up with the money. They are just going along doing the design. We might be able to use the right-of-way the city and the Eneas agreed on this might be used as a local match for whatever the value is. Mayor Snyder stated some additional funds were authorized for Mr. Gilardo to spend some time in Washington, D.C., to work on this and to secure some funds for it. He particularly identified the Dublin situation in his request. Cm. Moffatt asked if there had been any discussion on what the AB 434 recommendation related to the Trip Reduction Ordinance would entail. Mr. Thompson stated what was approved in the existing budget was about $33,000, plus we have received $10,000 this year. We haven't spent all the money this year. We will probably try to cut our program back next year. The way things are looking, a lot of programs will have to be "pay as you go". On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved Staff's recommended project list for CMA funding. * * * * OTHER BUSINESS Cable Television Requlations (1050-20) Mr. Ambrose advised that the city had received a fax after publication of the agenda from the League of CA Cities related to Cable TV. The LOCC will be submitting comments to the FCC regarding cable rates during the next week. If the city is interested in responding, we need to fax our comments right away. * * * * Budqet (330-20) Mr. Ambrose advised that the League of CA Cities had put out a report on the impact of the Governor's Budget on our revenues. Dublin's impact will be about $826,000. He requested that at the next regular Council meeting, staff be directed to bring back a brief discussion and get some policy direction from the city Council regarding what alternatives to pursue. The impact on our budget is very significant. Depending on the council's pOlicy, it could greatly impact how staff puts the budget together. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 52 Regular Meeting January 25, 1993 . . Cm. Moffatt asked if there was still viable information from the exercise that the city went through last year when cuts were made. Additional cuts were identified. Mr. Ambrose stated they will not be enough. In addition, there is a new Councilmember who did not participate in prioritizing the items. There needs to be some basic decisions regarding what direction the Council wants to move and pOlicy. Some City departments might not even be able to survive at all. Cm. Burton asked if the $800,000 figure was realistic. Mr. Ambrose stated a League legislative analyst is disputing this number. The Governor's Staff has consistently underestimated the problem in the last several years. There is a lot yet to be negotiated. Cm. Moffatt stated when we hit these fiscal problems, we start thinking we have to cut things out. If we could increase our revenue by 10% more effort, it might create 100% more return. We could look at ways to help businesses. Mr. Ambrose stated this is what he wants to discuss with the city council on February 8th. The 3 options are: 1) increase revenues; 2) cut services; or 3) use reserves. This is not a management issue, but rather a policy issue. Staff needs direction as this is an extremely serious time for the city. * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:55 p.m. * * * * Mayor ATTEST: city Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 53 Regular Meeting January 25, 1993