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HomeMy WebLinkAbout4.01 Draft Minutes 08-23-1993 ~. - . ~ . REGULAR MEETING - AUaus~ 23. 19~ A regular meeting of the city council of the city of Dublin was held on Monday, August 23, 1993, in the council Chambers of the Dublin Civic Center. The meeting was called to order at 7:32 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. * * * * PLEDGE OF ALLEGIANCE (610-20) Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * PROCLAMATION (610-50) Mayor Snyder read a Proclamation declaring September 20-24 as Beat the Back-Up Week in the Bay Area. He urged all citizens to recognize the importance of using commute alternatives to reduce traffic congestion and air pollution, and decrease dependence on fossil fuels. The Proclamation was presented to Linda Jeffery, Manager of Employer and Local Government Services for RIDES for Bay Area Commuters, Inc. Mayor Snyder thanked Ms. Jeffery, a former Councilmember, who does a great deal of work related to transportation issues on our behalf in the Bay Area. * * * * RECYCLING PROGRAM WINNERS FOR MONTH OF JUNE 1993 (810-60) Assistant City Manager Rankin announced the five winners in the recycling program contest for the month of July, 1993. Savings Bonds which were provided by Livermore Dublin Disposal were or will be presented to: A. J. Skipper, Chris Castelluccio, Robert Bischoff, Ray Bettencourt and Don Nelson. * * * * APPOINTMENTS TO HERITAGE CENTER TASK FORCE (110-30) Mayor Snyder advised that he had discovered that he may have gone about the appointments differently than the Council had previously discussed. As a result of reviewing the record, the Council intended that the Heritage Task Force be made up of one member from the Park & Recreation Commission, one member from Dublin Historical Preservation Association, one member from Dublin Cemetery, Inc., and 4 members at large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 336 Regular Meeting August 23, 1993 ---------------------------------------------------------------------- COPIES TO: , - . Mayor Snyder stated he hoped the Council would view the way he had done it as a better situation. He requested that 5 members at large be appointed and that the representatives from the DHPA, the DCI, and the P&R Commission be non-voting ex-officio members. Mayor Snyder also advised that one of the members at large may have a conflict, because he is also on the Board of DHPA. A conflict would only arise in the event that the Task Force made recommendations related to DHPA. Cm. Burton stated he had not yet had a chance to review the names. He requested that Mayor Snyder explain a little further about what the conflict might be. Mayor Snyder stated the Board Member of DHPA would not be able to vote on matters affecting the DHPA. He would need to abstain. He would be able to vote on all other matters. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council confirmed the appointments to the Heritage Task Force as follows: Citizens At Larae Bob Hayduk Valerie Barnes Charlotte Zika Floyd Shreeve Maxine Jennings Ex-Officio Members (Non-Votina) Georgean Vonheeder (Representing DHPA) Bill Kolb (Representing Dublin Cemetery, Inc.) Park & Recreation Commissioner (to be determined) * * * * REQUEST TO ADD EMERGENCY CLOSED SESSION ITEM TO AGENDA (640-30) eity Attorney Silver announced that information had come to light after the posting and distribution of the agenda which requires the city council to meet in a closed session. The Council was requested to consider adding a closed session to the end of the agenda in order to discuss Pending Litigation, Butler vs. City of Dublin in accordance with Government Code Section 54956.9(a). On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to add the closed session item to the agenda. * * * * CONSENT CALENDAR On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of August 9, 1993 (em. Houston abstained); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 337 Regular Meeting August 23, 1993 - . Adopted RESOLUTION NO. 101 - 93 ACCEPTING IMPROVEMENTS IN TRACT 6052 VILLAGE IV "TORREY PINES" (600-60) and authorized staff to accept maintenance bond at a future date; Adopted RESOLUTION NO. 102 - 93 AWARDING CONTRACT 93-10 ANNUAL STREET SLURRY SEAL PROGRAM TO AMERICAN ASPHALT REPAIR & RESURFAeING CO., INC. ($75,044.90) authorized the Mayor to execute the agreement and authorized Staff to approve an extension of bid items not to exceed a total construction cost of $87,000 (600-30); Adopted RESOLUTION NO. 103 - 93 SEVERING ROAD RIGHTS-OF-WAY FROM 3 REMNANT PARCELS ON DUBLIN BOULEVARD EAST OF DOUGHERTY ROAD (670-90) and directed the City Clerk to have documents recorded. Approved Warrant Register in the amount of $398,730.40 (300-40). Cm. Burton requested that the item dealing with smoking legislation be removed from the Consent Calendar for discussion. He stated he agreed with everything; however, his personal feeling was that we are recommending that the state Government step in and take over some of the private property rights. He stated he understood that it is good to have smoke-free areas and the City should be able to have laws which are more strict than the state; he was not arguing these areas. He referenced the paragraph in the resolution urging support for legislation that would require all workplaces and public places to be 100% smoke-free. He expressed concerns related to the use of "all" and "100%". He would like to see private businesses with 15 or less employees exempted and also let bars and restaurants post whether or not smoking is allowed. He felt the stronger legislation will cause a lot of upset people. He agreed that the gentleman who spoke at a previous Council meeting related to smoke coming into his apartment should be able to do something. He felt that eventually this will come to pass, but if the city Council wants to adopt this, they should soften the approach and allow the exemptions. Cm. Moffatt stated he felt the resolution could be modified. He felt the city has a mandate to protect people from this health problem. We criticize and penalize people from dumping hazardous chemicals down the storm drains. The Surgeon General has classified second hand smoke as a carcinogen and so therefore, government has an obligation to protect its citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 338 Regular Meeting August 23, 1993 e e Cm. Burton stated he realized the council is not making a law but merely endorsing legislation. Cm. Moffatt stated the whole thrust is we don't want legislation from the state of California saying we can't pass a stronger law. Cm. Houston suggested that this could be accomplished by deleting the fifth paragraph of the resolution. Cm. Moffatt reported various smoking related statistics. Cm. Burton stated he still felt we are infringing upon personal property rights. By a consensus, the Council determined other changes to the resolution such as deleting the use of "100%" in the title and to change the phrase "...passing local laws to ensure a smoke-free environment", to "...passing local laws that help make a smoke-free environment". On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted (with changes discussed) RESOLUTION NO. 104 - 93 SUPPORTING STATEWIDE LEGISLATION REQUIRING ALL WORKPLACES AND PUBLIC PLACES TO BE SMOKE-FREE (660-40 & 560-90) * * * * PUBLIe HEARING - ESTABLISHMENT OF BUS STOP ON DOUGHERTY ROAD @ CAMP PARKS ENTRANCE (1060-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second reading of a proposed ordinance to establish a bus stop on Dougherty Road just north of the entrance to Camp parks. At the August 9th city council meeting, a question was raised regarding placement of a bus stop on the southbound (west) side of Dougherty Road. Mr. Thompson advised that it is not possible to safely locate a bus stop on the west side of Dougherty Road at this time, as the bus would have to stop in a travel lane. There is a Capital Improvement Project scheduled for the next Fiscal Year which will widen Dougherty Road and allow enough room for a bus stop. It is not feasible to locate a bus stop on Monterey Drive inside Arroyo vista, as the street is narrow and the curve radius is difficult for a bus to negotiate. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 339 Regular Meeting August 23, 1993 e e On motion of Cm. Burton, seconded by;Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 93 ESTABLISHING A BUS STOP ON THE EAST SIDE OF DOUGHERTY ROAD AT THE CAMP PARKS ENTRANCE * * * * REPORT ON REVISING THE SIGN ORDINANCE (400-30) Planning Director Tong presented the Staff Report and advised that in March of 1993, the city council adopted the new project of revising the Sign Ordinance as part of the 1993 Goals & Objectives. The purpose being to improve business visibility and sign permit processing time. As a result of meetings with the Dublin Chamber of Commerce President and Executive Director, the Chamber conducted a sign survey in April of 1993. A total of 69 of 550 Dublin businesses (12%) responded to the survey. Overall, the survey indicated a desire to improve the Sign Ordinance and a willingness to attend a meeting to identify the sign issues. In addition, the Planning Staff, who administer the Ordinance, have identified a need to simplify the Ordinance. Mr. Tong advised that city staff and the Chamber had discussed a process where the city Council authorizes Staff to conduct an evening meeting in September to identify the issues most important to DUblin businesses and to determine those businesses that are willing to help improve the Sign Ordinance. Staff would report the results of the meeting to the City Council, and would request that a well rounded Sign Task Force (STF) be formed. The STF could consist of: auto dealers, major retailers, small retailers, Realtors, non Chamber of Commerce members and others. The STF, Staff and Chamber could then prepare a detailed work plan for revising the Sign Ordinance. Mr. Tong stated since the Sign Ordinance is part of the Zoning Ordinance, State Law requires that the Planning Commission hold a pUblic hearing on any proposed revisions to the Sign Ordinance and make a recommendation to the City Council. The city Council would then need to hold 2 public hearings before adopting any ordinance modifications. Cm. Houston stated he was not present at the last Council meeting, so he did not hear the discussion on the formation of the Business Commission. He questioned if it would be appropriate for the people on the Business Commission to deal with this. He felt this would be something more suited for that commission. Mr. Rankin advised that one of the things indicated in the report dealing with current staffing was that due to reduced staffing there will be less staff time available for economic development activities. The Planning Department Staff has been working with the Chamber of _ . _ . . a _ . _ _ _ _ _ _ a _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ . CM - VOL 12 - 340 Regular Meeting August 23, 1993 e e Commerce on this issue already and it requires a lot of dedication to get people to look at something like this. There might be things that could be identified and worked out without going through a lengthy process. Cm. Moffatt felt it would be a good idea to have a group look at these types of issues. Business people who have businesses in town are very interested in signs and to broaden this out we might lose some people who are interested in dealing with signs at this time. It is important to move ahead and develop a comprehensive ordinance which is acceptable to 99% of the business people. Cm. Houston stated while he did not want to delay this, he felt people are hesitant to get involved in a task force because it lacks power, but they might get behind a Business Commission. Mr. Rankin advised that Mr. Ambrose will be coming back with a report to the Council on how other agencies address economic development. It was not intended to be a decision point for the appointment of a Commission and how it will work. Any commission requires staff support in order for it to operate. Cm. Burton stated he was talking about the Sign Ordinance being under the Planning Commission and Zoning. Business economic development would be a broader scope. He asked if there is a way the task force could present their ideas to the Business Commission, as one option. Mayor Snyder stated he felt that since there is a group willing to work on signs, we should let them work now. Then, in October, the City Council will hear about the Business Commission. Knowing the history of this community, it will be the same group of people. The same people over and over again, have the interest. Kathy Schultz, who has been working with the Chamber on the issue, stated she didn't have any prepared remarks; she saw merit in almost everything that had been said. She sees the Business commission as an ongoing vital part of the community. The task force for the Sign Ordinance would be sort of timebound. People are very interested right now in the Sign Ordinance. Cm. Burton asked Staff how they intend to identify interested people. Mr. Tong stated they would newspaper advertisements. this will be done, but the notices, plus ads. use the Chamber of Commerce list, plus It has not been specifically identified how initial thought was to send out individual Cm. Houston suggested holding the evening meeting late in September. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council authorized Staff to conduct an evening meeting to identify businesses willing to help improve the Sign Ordinance and identify the issues. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 341 Regular Meeting August 23, 1993 e e eOMMENTS ON MTC'S REGIONAL TRANSPORTATION PLAN ALTERNATIVES TO BE EVALUATED IN THE ENVIRONMENTAL DOCUMENTS (1060-80) Public Works Director Thompson advised that MTC is in the process of updating its Regional Transportation Plan (RTP) and is requesting comments. RTP projects have been divided into two "tracks". Short term RTP projects are in Track 1, and long term projects are in Track 2. Tract 1 projects include: 1) West Dublin/Pleasanton BART Station Construction; 2) Environmental study for BART Extension to Livermore; 3) Environmental Study for Route 84 and completion of Isabel Expressway (Route 84); and 4) Alameda County's share of the Altamont Rail Project. Track 2 projects include: 1) Construction of BART from eastern Dublin/Pleasanton to Livermore. At this time, the Track 2 recommendation is preliminary. Track 1 projects are on the Tri-Valley Transportation Council's high priority list. Each agency's Councilor Board has been requested to send a letter to MTC showing support. Mr. Thompson stated Staff recommended including an additional project to the list for Track 2: the construction of Light Rail/transit between Walnut Creek and Dublin/Pleasanton area. The I-580/I-680 project is already part of the RTP, and Staff recommended that the request to MTC include that the I-580/I-680 remain in the RTP. Cm. Burton stated it was obvious that the toll-road was left off the list. He stated he hoped that this could be kept up front. Mayor Snyder advised that it can't be included for this type of funding. Cm. Moffatt expressed concern that Isabel Expressway doesn't go into any freeways, so he questioned if this is really of concern. Mayor Snyder indicated that there are Measure B funds already. He stated he had suggested that we call it the 480 project as a connector from 580 to 680. The Route 84 Measure B funding is matching money. Cm. Moffatt stated since Vasco Road is an important road, 84 should somehow join it in order to have a continuous road to take traffic off 580/680. This doesn't seem to be a very popular idea, however. Mayor Snyder stated Vasco Road is an issue in eontra Costa County which makes it a little different issue. Cm. Burton stated he thought it was fascinating to try to keep track of all the traffic organizations in this County and trying to figure out how they are to spend money. This is pretty hard to follow. He asked for an explanation of the levels of transportation. Mayor Snyder advised that with regard to Track 1, there is some likelihood of some funding through MTC. This is an MTC Regional Transportation Plan. CMA is an advisory agency. It all fits into the RTC Plan. We need to be very explicit on what we want to have done in the future. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 342 Regular Meeting August 23, 1993 ~ e . ,Cm. Burton asked how far down on the list the hook ramps were. Mr. Thompson stated Staff will make sure they are included. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council supported the request to add Tri-Valley projects to the RTP and authorized the Mayor to sign the letter to MTC. Mayor Snyder advised that on September 3rd, after Congressman Baker's DUblin Civic Center open house event, Congressman Baker will be meeting with several representatives in the area regarding concerns for support. * * * * OTHER BUSINESS Maintenance (820-30) Cm. Moffatt stated he had received a couple of complaints related to shrubs along Village Parkway on Zone 7 property. It is getting to a point where people can't walk down the sidewalk. You can also very easily miss the stop sign near the high school. Mr. Thompson advised that the city trims the area along Village Parkway 2 or 3 times per year. He will take a look at the situation. The shrubs near the Baptist Church were just recently trimmed. It may be that the others are coming up on the schedule soon. In any event, he will check into this. em. Houston asked if the City had trimmed the ones on Wineberry. Mr. Thompson advised that they took out 4 bushes, trimmed some others back, and it seems to have helped. * * * * Investment Reoort (320-30) Cm. Houston stated he had missed the previous meeting, which included the presentation of the City Treasurer's Investment Report. It was his understanding that other investments would be sought to diversify the City's portfolio. Mr. Rankin stated most of the advisors are advising against 5 year investments because of the low point in the market. There are not a lot of investments out there which yield 5%. Staff is continuing to look for anything that has a much higher yield. Dean Witter has a backend charge. You have to hold these mutual funds at least 6 years to avoid any charges. Therefore, staff has treated the Dean Witter investment as a longer term than 5 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 343 Regular Meeting August 23, 1993 e . Cm. Houston stated he thought it would be; wise to diversify a little bit; the advisors have been wrong 3 years in a row. * * * * Election Ballot Rebuttal Araument (630-30) Cm. Burton advised that he and Cm. Moffatt were making progress on the ballot rebuttal argument for eastern Dublin which needs to be submitted to the city Clerk by August 26th. A lot of community members have helped and he felt there will be an interesting campaign. * * * * CLOSED SESSION At 8:37 p.m., the Council recessed to a closed session (640-30) to discuss Pending Litigation, Butler vs. city of DUblin, in accordance with Government Code Section 54956.9(a). * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:58 p.m. * * * * Mayor ATTEST: city Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 344 Regular Meeting August 23, 1993