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HomeMy WebLinkAbout08-12-1991 Adopted CC MinutesREGULAR MEETING - Auqust 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: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. 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); CM - VOL 10 - 285 Regular Meeting August 12, 1991 Adopted RESOLUTION NO. 78 - 91 and APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR NIELSEN SCHOOL PLAY AREA (600-30) 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. 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. 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. 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 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 Mahager 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 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) 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 (Z-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 llth to form a study group to consider how best the CM - VOL 10 - 293 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. 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 6'. 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 letter to the San Ramon 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 motions 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. CM - VOL 10 - 296 Regular Meeting August 12, 1991 STATUS REPORT ON PROPOSED 1-580 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 1-580 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. 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 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. OM - 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. CM - VOL 10 - 300 Regular Meeting August lZ, 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 willo" 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 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 1-680 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. 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 schoolsf 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. CM - VOL 10 - 303 Regular Meeting August lZ,. 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. CM - VOL 10 - 304 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 Meetinq 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. CM - VOL 10 - 305 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. ~ ~it~Ckterk CM - VOL 10 - 306 Regular Meeting August 12, 1991