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HomeMy WebLinkAbout02-12-1990 Adopted CC MinutesREGUL~,.R MEET~N~ - February ~2~ 2990 A regular meeting of the City.Council of the City of Dublin was held on Monday, February 12, 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:32 p.m., by Mayor Paul Moffatt. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, and Mayor Moffatt. Cm. Vonheeder arrived at the meeting at 8:00 p.m. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEES Planning Director Tong introduced several new employees. David Choy, Associate Planner received his degree from Sonoma State and worked for the Cities of Cotati and Santa Rosa. Carol Cirelli, Associate Planner received degrees from U. C. Davis and Cal Poly Pomona and worked for Orange County. Dennis Carrington, Senior Planner, comes to Dublin from San Diego County. Dennis received degrees from San Fernando Valley State and San Diego State. Lt. Jim Rose introduced Sgt. Brian Masterson who replaced Sgt. Jim Estes when he was promoted to Lieutenant. Sgt. Masterson has 10 years experience. Sgt. Masterson stated he was excited to be a member of the Dublin Police Department and looked forward to working with such a fantastic City as Dublin. He stated he was very impressed with the facility. The Council welcomed all the new employees aboard. PROCLAMATION Mayor Moffatt read and presented a prOclamation stressing the value of vocational education classes and Regional Occupational Programs to Mr. Robert Kreitz, Director of Regional Occupational Programs. The week of February 11-17, 1990 was proclaimed National Vocational Education Week and everyone was urged to visit Dublin High School and to participate in the activities scheduled in order to become acquainted with the opportunities offered to the students by these programs. @* ********************************************************************* CM- VOL 9 - 30 Regular Meeting February 12, 1990 Red Curb on Mansfield Joyce Hochendoner, 7045 Mansfield Avenue stated she had requested that the City paint a red curb to avoid people parking and blocking access to her driveway. Two driveways adjoin and the curb space between is too narrow to accommodate a car. This has gone on for 11 years. Her .neighbor rents his house to 3 tenants, and they and/or their visitors constantly block her driveway. When she calls this to their attention, she is verbally abused. The City Engineer reviewed the site and agreed that the curb should be painted red. Her neighbor is now claiming that it will bring his property values down. City Manager Ambrose advised that he had discussed this with Mr. Thompson and her neighbor, Mr. Peterson. In order to reach a compromise, he directed the Public Works Department to paint out that portion of the red curb (about 5') fronting Mr. Peterson's property, but still maintain red curbing in front of Ms. Hochendoner's property. This would enable her neighbors to park a motorcycle in the space. Ms. Hochendoner stated there has never been a motorcycle parked there. She did not feel this was a satisfactory compromise. Mayor Moffatt indicated that if the portion on her side is painted red this would preclude cars from parking there and blocking her access. Mr. Ambrose advised that if cars park in the red curbed area, she should call the Police Department and they will enforce it. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous vote, (Cm. Vonheeder absent), the Council took the following actions: Approved Minutes of Regular Meeting of January 22, 1990 and Special Meeting of February 5, 1990; Adopted RESOLUTION NO. 11 - 90 ACCEPTANCE OF FINAL MAP TRACT 6052 (VILLAGE IV OF THE VILLAGES @ WILLOW CREEK) and authorized the Mayor to execute the Tract Developer Agreement; Authorized a budget transfer in the amount of $3,750 from Contingent Reserves and authorized final payment of $4,500 to Dolin & Son Roofing for repair of the Senior Center roof; Adopted RESOLUTION NO. 12 - 90 APPROVING QUITCLAIM DEED FOR BLANKET DRAINAGE EASEMENT TRACT 5616 (PARCEL A OF PARCEL MAP 5133) *********************************************************************** CM -VOL 9 - 31 Regular Meeting February 12, 1990 and authorized the Mayor to execute the Quitclaim Deed; Authorized an additional appropriation ($3,020) from Non-Departmental Contingent Reserve to the City Council Community Promotion account for preparation of the Civic Center Documentary video by Community Television; Accepted the City Treasurer's Investment Report for Period Ending January 31, 1990; Received the Fall 1989 Recreation Report; Rejected bids for facilities identification signs (Contract 89-11) and authorized rebidding of the project after a Staff review of the plans and specifications; Authorized the Planning Director's attendance at the APA National Planning Conference on April 21-25, 1990, in Denver, Colorado at an approximate cost of $1,400; Confirmed the reappointment of Ms. Peggy Taylor and Ms. Deborah Gay as Tenant Commissioners for the Dublin Housing Authority; Adopted RESOLUTION NO. 13 - 90 ACCEPT IMPROVEMENTS TRACT 5780 (STANDARD PACIFIC VILLAGE VII "THE WOODLANDS") THE VILLAGES @ WILLOW CREEK and authorized Staff to accept a maintenance bond at a future date; Accepted the Finance Report for Period Ending January 31, 1990; Adopted RESOLUTION NO. 14 - 90 AMENDING THE CLASSIFICATIONPLAN (Recreation Positions) and RESOLUTION NO. 15 - 90 AMENDING THE SALARY PLAN FOR PART-TIME RECREATION PERSONNEL and authorized Staff to recruit for Sports League Director and Sports Field Attendant; Authorized Staff to advertise Contract 90-02 Alamo Creek Park Phase II for bids; Approved Warrant Register in the amount of $1,512,519.33. *********************************************************************** CM - VOL 9 - 32 Regular Meeting February 12, 1990 SHAMROCK POTATO FESTIVAL (REQUEST FOR USE OF DUBLIN SPORTS GROUNDS) City Manager Ambrose advised that the Shamrock pOtato Festival Board has requested exclusive use of the Sports Grounds on August 3-5, 1990, for the 4th Annual Shamrock Potato Festival. They request that the City waive the use fees for the Sports Grounds and waive the use fees for the Regional Meeting Room and Lobby area of the Civic Center on the evening of August 3rd for an invitation only event. They also request support from the City's Police, Public Works and Recreation Departments. They request use of the banner poles from July 30 - August 6, 1990, and lastly, they request that 7 exceptions be made to Ordinance No. 16-88 related to park rules and regulations. Staff calculated that the waivers and services requested total approximately $3,425. Staff recommended that the Council approve the request with the stipulations: 1) require a certificate of liability insurance in an amount and form acceptable to the City, naming the City as an additional insured; 2) require an alcoholic beverage control permit for sales of beer and wine only; 3) require that all sellers complete a temporary sales permit with the State Board of Equalization; 4) require the fields to be cleaned up and all items removed by dark on Sunday, August 5th. In the event that this is not done, authorize Staff to bill the Festival for clean-up costs (estimated at $460); and 5) require that payment be made in the amount of $147.09 for irrigation repair for 1989 festival. Cm. Jeffery questioned how we would know or monitor whether the sellers get their temporary sales permits. JoEllen McKinsey advised that they request to see these on the day of the Festival. They verify that they have the required permit. Mr. Ambrose indicated that the City's Finance Department worked out some procedures last year. On motion of Cm. Snyder, seconded bY Cm. Vonheeder, and by unanimous vote, the Council approved the request with the stipulations recommended and discussed. PUBLIC HEARING ORDINANCE CREATING THE OFFICE OF DIRECTOR OF FINANCE Mayor Moffatt opened the public hearing. City Manager Ambrose advised that this Ordinance, which was introduced at the January 22, ~1990, City Council meeting, formalizes the delegatiOn of authority in accordance with the provisions of the Government Code and is necessary due to the development of the City's Municipal Code. No comments were made by members of the public relative to this item. Mayor Moffatt closed the public hearing. @* ********************************************************************* CM - VOL 9 - 33 Regular Meeting February 12, 1990 On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and ADOPTED ORDINANCE NO. 2 - 90 CREATING THE OFFICE OF DIRECTOR OF FINANCE PUBLIC HEARING SPEED SURVEY RESULTS Mayor Moffatt opened the public hearing. Chris Kinzel advised that TJKM has conducted radar speed surveys on a number of City streets in order to renew outdated surveys. Staff was recommending no changes in speed limits on any streets. Mr. Thompson pointed out, however, that~San Ramon Road between Dublin Boulevard and Silvergate Drive is signed incorrectly; 35 mph signs and pavement legends were installed in 1986, and the correct speed is 40 mph. These signs and legends are being changed. Cm. Jeffery questioned some of the terminology used in the report, i.e., skewness index. Mr. Kinzel explained that a figure of .75 - 1.25 would indiCate that they were able to get a reliable sample. No comments were made by members of the public relative to this item. Mayor Moffatt closed the public hearing. Cm. Snyder stated that it is very unfortunate, but in his own neighborhood, on Silvergate Drive, you are very lucky if you can back out of your driveway at certain times without getting hit. While the posted limit is 25 mph, the report shows that the 85th percentile goes 35 mph. Mr. Kinzel indicated that this would indicate that 100% of the drivers are exceeding the speed limit. Raising the speed limit might cause drivers to feel more balanCed with their speed. This is, however, a residential street. The section nearest Dublin Boulevard has a divider in the street and room for 2 lanes makes it conducive for speed. There is a new configuration for this intersection which will make it more of a right angle. Cm. Snyder pointed out that he did not feel that this will change the speed of the drivers. There is a problem on this whole stretch, and we seem to be doing nothing to control the speed. Mr. Kinzel agreed that this is a built in problem that is difficult to deal with. City Manager Ambrose questioned if TJKM had compared the 85th percentile on Amador Valley Boulevard to the speed prior to the improvements. *********************************************************************** CM - VOL 9 - 34 Regular Meeting February 12, 1990 Cm. Snyder indicated that the people who live along Amador Valley Boulevard were given a way to get out of their driveways safely. Mr. Kinzel indicated that there is plenty of width on Silvergate, so they could look at a similar type of application. New development in the hills will be able to use the new access through Valley Christian Center which will decrease the volume, but this won't necessarily lower the speeds. Cm. Hegarty felt that someone will eventually request a stop sign at Betlen Drive. It is especially difficult to get out of the driveways between the hours of 7:30 and 8:45 a.m. Mr. Ambrose advised that Staff will take a look to see if there are other solutions which might improve the situation and also add additional enforcement to the area. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council directed Staff to forward the speed survey results to the Traffic Commissioner. PUBLIC IMPROVEMENT MAINTENANCE POLICY Public Works Director Thompson advised that the annual goals and objectives for transportation maintenance have contained items regarding the development of a Street Tree Policy and a Public Works Procedures Manual for the past several years. A draft policy was developed and presented for Council review. Park and building maintenance is not included in the draft policy, but Staff advised that these will be addressed at a later date. The draft policy included: Tree Trimming, Weed Abatement, Drainage, Sidewalk and Curb & Gutter Repairs, Street Surface Maintenance, Street Sweeping and City Trash Receptacle Pickup, Beautification and Clean-up, Posting on Public Property/Removal of Encroachments, Construction Dirt and Debris, Street Lights, Traffic Signals, Street Signs, Water Leaks, Emergency Callouts, With regard to illegal signs, Cm. Jeffery questioned if most of the repeat offenders were real estate signs. · Mr. Thompson stated they were mostly real estate signs, but sometimes we get someone promoting a rock concert who will tape signs up all over town. Mayor Moffatt asked if the'drainage on Padre Way is maintained by the City. Mr. Thompson advised that there is a private maintenance agreement. The City will go back there on an emergency basis, but not on a routine basis. Cm. Jeffery asked what ot~ers felt would be an appropriate fine for repeat offenders. @* ********************************************************************* CM - VOL 9 - 35 Regular Meeting February 12, 1990 Mr. Thompson advised that the Council could look into this and bring it back in the future for discussion. The Council discussed the various options of liability with tree trimming and then balancing them on private property. While the City has had no lawsuits, Mr. AmbrOse advised that there have been complaints in the past. The exposure is there. Cm. Vonheeder felt it would be a bigger problem if we off balance the tree and it falls, causing damage. Mr. Thompson advised that this is usually an aesthetic type of thing. Cm. Jeffery felt the Council should go with Staff's recommendation, as many people currently trim their own trees. Cm. Jeffery felt the Council should look further into the options for fining repeat offenders who post signs on public property. Cm. Snyder felt the City currently has the means to deal with this in Ordinance No. 15-89. Mr. Ambrose stated he thought the penalty was a misdemeanor and not~ very effective in discouraging repeat offenders. By a consensus, the Council directed Staff to look into this. Acting City Attorney Silver suggested that some additional language be added to the cover sheet of the policies. Suggested paraphrased language was, "The adoption of these policies is not intended to create a new standard of care against which the City's actions would be measured for purposes of determining liability. These policies should not be construed to establish liability on the part of the City where none existed but for these policies, nor shall these policies be construed as a waiver of immunities under the California Tort Claims Act. The performance of maintenance and repair as set forth in these policies is subject to the City's actual knowledge of the need for such maintenance and/or repair, the appropriation of fUnding for the maintenance and/or repair if additional funding is required and the availability of City Staff to perform the maintenance and/or repair." The Council clarified that with regard to the tree trimming policy, the intent was to accept the policy the way it was stated in the revision; the City will trim over the Public right-of-way only. On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous vote, the Council conceptually accepted the paraphrased language read by Ms. Silver and adopted RESOLUTION NO. 16 - 90 APPROVING PUBLIC IMPROVEMENT MAINTENANCE POLICIES *********************************************************************** CM -VOL 9 - 36 Regular Meeting February 12, 1990 1990-91 COMMUJNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Planning Director Tong advised that the City of Dublin has been participating in the Alameda County/Urban County CDBG Program. For the 1990-91 program year, the preliminary estimate for Dublin is approximately $41,700. A minimum of approximately $7,700 needs to be used for housing rehabilitation projects. Staff recommended applying for $7,700 for Minor Home Repair Program, $14,200 for the Arroyo Vista Soundwall, $13,500 (approximately) for the Dublin Senior Center Kitchen Renovation, and $6,300 (approximately) for the Dublin Senior Center Floor Replacement. Recreation Coordinator Leonard discussed the Senior Center renovation projects. They recently had an inspection by the Health Department with a recommendation that the floor be replaced in the kitchen. They cook on a grill rather than a stove. They desire to expand their food service program. The floor in the social hall is the original one in the building and they would like to replace it with tile. Cm. Jeffery questioned if the seniors would have to be displaced for a period of time. Ms. Leonard indicated that it would probably be necessary for a period of time, but she wasn't sure how long. Mr. Ambrose advised that this funding will not become available until the next budget year so the work would be done sometime after July 1st of this year. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council directed Staff to apply for approximately $41,700 in CDBG funding for housing rehabilitation projects and public improvement projects. REVIEW OF TRI-VALLEY TRANSPORTATION COUNCIL INITIAL REPORT Planning Director Tong advised that the Metropolitan Transportation Commission (MTC) has prepared an Initial Report "A Perspective on Tri- ValleY Transportation" for the Tri-Valley Transportation Council (TVTC). The intent of the report was to 1) identify Tri-Valley transportation issues and opportunities and 2) suggest an ongoing Tri- Valley transportation planning program. The report suggests the preparation of a Tri-Valley Transportation Plan' and Implementation Program; and a potential sequence of tasks to develop it. Strategies to administer and fund the future planning efforts are left to the Tri- Valley Technical Advisory Committee to develop for TVTC consideration and action. The TVTC is discussing the hiring of an outside project manager and consultant to prepare~the plan within an 18 to 24 month time frame. Financing discussions have concentrated on various forms of shared financing among the agencies as well as other public and private funding sources. The TVTC has also discussed the organizational options of a Joint Powers Agency and a Memorandum of Understanding. *********************************************************************** CM - VOL 9 - 37 Regular Meeting February 12, 1990 In reviewing the draft, Staff identified several areas needing revision which were discussed in the Staff Report. Mr. Tong advised that last Thursday evening at the Tri-Valley Transportation Council (TVTC) meeting, the Council distributed a draft 'resolution that they request the various agencies consider which would adopt a work program as well as request the Technical Advisory Committee to the group to prepare a detailed report outlining ways to achieve that work program for future action. The TVTC also requested the Technical Advisory Committee to prepare a working draft Request for Proposal for the outside project manager and consultant. Mr. Tong advised that Staff is still reviewing this document and will bring it back to the Council for future consideration. Cm. Vonheeder indicated that the City of Dublin is working from a negative perspective We did not have an oppOrtunity to give a lot of input to MTC as the perspective was being drawn together, because we were so short-staffed. She expressed concern that the drafted comments may be perceived wrong. She explained that all MTC did was put together some General Plan information and tried to identify places where there was conflict, where roads will not meet, etc. She was concerned With the formality of the response, and pointed out that there is time to review this as Dublin is the first City to even agendize the topic. She felt the City should hold off responding until after reviewing the resolution. Cm. Vonheeder stated that the reason we are responding is because we did not have an opportunity to provide input initially, because of Staffing constraints, and she did not want it to appear that Dublin is on the defensive. Cm. Snyder felt that Staff has identified some corrections that need to be made. It should be simple to ask them to input the comments into the process. This should not be detrimental to the process or offensive to anyone. Even though we are after the fact, we should still get our comments in. Cm. Vonheeder indicated that they wanted the resolution approved as part of the process, and the Council has not had sufficient time to review it. She did not feel it would be wise to segment the approval. The resolution talks about not only approving the report, but also the next steps in getting that report into a form that will eventually be a plan. Cm. Snyder felt it would be better to have all the information in the report before a resolution is passed approving it. Cm. Vonheeder advised that the report itself will not be rewritten, even with Dublin's comments. We need to figure out how to get Dublin's comments into the RFP. She indicated that all that had been done was gathering information. It is not a report that is necessarily right or wrong. MTC volunteered to do the report pro bono. Cm. Snyder felt that because it is a printed document, it is sure to be used, and everyone has agreed that it contains information beneficial *********************************************************************** CM- rOT. 9 - 38 Regular Meeting February 12, 1990 to all the jurisdictions. The report shows a publication date in November and also shows that it was revised in December. If it is not rewritten, he did not feel comfortable adopting a resolution that recommends it. Cm. Jeffery felt that as a compromise, we could ask them to put our comments and corrections in an addendum. Cm. Vonheeder stated we are just trying to get something that 7 jurisdictions can work with and then hire someone to put all the comments together to make a plan and then jointly go for state and/or federal funding, etc. Except for the technical corrections, this is an academic discussion. Mr. Ambrose felt it important to recognize that in the development of an RFP, this plan will be used as a basis for either the RFP or the development of the plan. As long as we get our comments attached to this plan, the better the information the consultant has to work with in submitting a proposal or actually undertaking the project after selected. Cm. Vonheeder felt that Staff needed firm direction due to the fact .that the Technical Advisory Committee will be meeting prior to the whole Tri-Valley Transportation Council. The TAC will be putting together the preliminary RFP. Cm. Snyder stated his only concern was that somehow or other, this information needs to get into'the report. He did not agree with the publication of an addendum because this report has already been distributed. It's too easy for the two to get separated and someone reviewing it would not have the full information. On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council directed Staff to agendize this item for discussion at the February 26, 1990 City Council meeting. OTHER BUSINESS National League of Cities Committee Appointment Cm. Jeffery adVised that she had received a letter from the National League of Cities indicating that she has been appointed to the Steering Committee. The Council approved her traVel to Washington, D.C., in March, and she advised the Council that there will be 4 meetings during the year that she will need to attend. One of the meetings will be in Houston, Texas, in December, but the dates and locations of the other 2 have yet to be determined. The League of California Cities will contribute $1,000 total toward her expenses. She stated she needed to advise the Council that there would be some costs associated with this appointment. *********************************************************************** CM - VOL 9 - 39 Regular Meeting February 12, 1990 Business Registration Ordinance Task Force Cm. Vonheeder advised that the Business Registration Ordinance Task Force would be meeting this week. A report may be available at the next Council meeting. BART Dublin/Pleasanton Extension Project City Manager Ambrose advised that the City had received a letter from Erlene DeMarcus regarding the BART Board's action. He understood that they adopted the 3 project alternative, but was not sure what they did in terms of certifying the EIR and the adequacy of that. Staff will be reviewing the findings and preparing an analysis for CounCil consideration. Cm. Jeffery advised that the BART Board was concerned about designating a particular station because of the fact that they do not have property in the east area at this time. Citizen and Organization of the Year Mayor Moffatt advised that the City needs to get started working on the seleCtion of the citizen and organization of the year. Cm. Vonheeder stated she had a list of all the service clubs which she would provide to Staff in order that a letter and nomination form can · be sent out as soon as possible. She stated she thought this would also be a good time to have a volunteer recognition event. Chamber of Commerce Luncheon @ Civic Center Mayor Moffatt advised that on February 21st, the Chamber of Commerce will have a luncheon at the Civic Center, followed by tours. He asked if Councilmembers could make themselves available to conduct the tours. CLOSED SESSION At 9:10 p.m., the Council recessed to a closed executive session in accordance with Government Code Sections 54956.9(c) & 54957.7 to discuss: 1) Pending Litigation, City vs. County of Alameda; 2) Pending Litigation, City vs. JMH, Inc.; and 3) Potential Litigation. *********************************************************************** CM- VOL 9 - 40 Regular Meeting February 12, 1990 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. Cit~ Clerk @* ********************************************************************* CM -VOL 9 - 41 Regular Meeting February 12, 1990