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HomeMy WebLinkAbout06-27-1994 Adopted CC MinutesRE~UL~R MEET~N~ - June 27~ 1994 A regular meeting of the City Council of the City of Dublin was held on Monday, June 27, 1994, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. * * * PLEDGE OF ALLEGIANCE Mayor Snyder led the Council, Staff and those Present in the pledge of allegiance to the flag. , , , * PROCLAMATION TO JON'ETTE JORDAN (610-50) Mayor Snyder stated a proclamation had been prepared expressing the City's appreciation to Jon'ette Jordan for her outstanding service as Student Representative on the Parks & Recreation Commission this past year. A pen will also be presented to Jon'ette. Mayor Snyder announced that Ms. Jordan was not present and requested that Staff make sure that she gets the proclamation and pen. APPOINTMENT OF STUDENT REPRESENTATIVE ON P&R COMMISSION (110-30) Mayor Snyder announced his recommendation of the appointment of Holly Ann Lampe as the Student Representative on the Parks & Recreation Commission beginning July 1st. Holly is a senior at Dublin High School and will graduate next year. Holly stated she wants to try to make good decisions for the citizens of Dublin. She currently works with kids of all ages teaching them to dance. She looks forward to being on this Commission. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the appointment. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of June 13, 1994; *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CH - VOL 13 - 177 Regular Meeting June 27, 1994 Adopted RESOLUTION NO. 59 - 94 APPROVING ANA~REEMENT WITH DUBLIN FINE ARTS FOUNDATION AND KATHERINE KEEFER (600-30) & AUTHORIZED THAT THE AGREEMENT BE SIGNED BY THE MAYOR PRO TEMPORE Accepted improvements under Contracts 94-02 Sidewalk Repair (Remove and Replace) and Contract 94-03 Sidewalk Grinding (600-30) and authorized payments to Wayne Swisher ($26,084.20) and Phil Thomasson ($12,977.75); Authorized the City's joint participation with the Chamber of Commerce in Dublin Community Day at the Alameda County Fair at a cost of $25 (950-40); Received an informational report related to NPDES requirements for car washing (1030-20); Accepted improvements under Contract 94-01 Village Parkway Reconstruction/Overlay Project and authorized $26,654.23 final payment to Meridian Paving & Grading and authorized release of faithful performance bonds (600-30); Adopted RESOLUTION NO. 60 - 94 and AMENDING THE CLASSIFICATION PLAN (700-20) (Assistant Civil Engineer) RESOLUTION NO. 61 - 94 AMENDING THE SALARY PLAN Received the Financial Report for the Period Ending May 31, 1994 (330-50); Cm. Burton complimented City Staff for the fact that General Fund revenues will exceed expenditures. Approved Warrant Register in the amount of $1,159,897.79 (300-40). WRITTEN COMMUNICATIONS REGARDING DISTRIBUTION OF PROPOSITION 172 FUNDS SB 509 (330-80) Assistant City Manager Rankin advised that the City had received a request from the City of Palmdale to support a revision to the existing legislation regarding the distribution of Proposition 172 funds. Cm. Burton requested that the item be agendized for Council discussion. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 178 Regular Meeting June 27, 1994 Mr. Rankin advised that the City of Palmdale position is that even though their City did not lose property tax in Fiscal Year 1993-94, it should share in the Proposition 172 funds. It is doubtful that the League Policy Committee will support this position since the cities which would be helped by Palmdale's proposal already fared better than other agencies during the 1993-94 State Budget. Cm. Burton thanked Staff for researching this. The question comes up because small cities must stay together. He asked if Staff felt this was unfair. Mr. Ambrose stated Staff did not feel it to be unfair. Proposition 172 was meant to replace property tax lost in 1993-94. Mr. Rankin advised that the League Staff admitted they were somewhat perplexed by this request. No action was taken by the Council. PUBLIC HEARING - ESTABLISH 1994-95 SINGLE FAMILY GARBAGE ASSESSMENT AND ADJUSTMENTTO MULTI-FAMILY RECYCLING RATE (810-30/600-30) Mayor Snyder opened the public hearing. Assistant City Manager Rankin presented the Staff Report and advised that the annual Single Family Assessment for basic garbage/recycling services is proposed to be $104.30 in 1994-95, which is a 5.4% reduction from the 1993-94 rates. An increase is proposed for Multi- Family recycling costs based upon a change in the Consumer Price Index, however, the City proposes to subsidize this service with Measure D funds, which will reduce the Multi-Family customer recycling service rate to $ .74 per month per unit. Cm. Burton asked how long the Measure D money will be coming before it's cut back. Mr. Rankin advised that we will receive it one more full year at the full rate and then it gets cut back. The full rate is 80% of the total. Cm Burton stated it is important to try to hold the rates level. Cm. Moffatt asked if Measure D money is encumbered or restricted in any way. Mr. Rankin advised that it must be used for recycling or source reduction programs. No testimony was given by any member of the public relative to this issue. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 179 Regular Meeting June 27, 1994 Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 62 - 94 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 1994-95 and RESOLUTION NO. 63 - 94 AMENDING THE SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION AND ESTABLISHING AN ADJUSTMENT TO THE PER UNIT PER MONTH RATE FOR RECYCLING SERVICE FOR MULTI-FAMILY PROJECTS and RESOLUTION NO. 64 - 94 ADOPTING AMENDMENT NO. i TO MULTI-FAMILY RECYCLING PROGRAM AGREEMENT , , , , PUBLIC HEARING PARKS AND RECREATION MASTER PLAN (920-30) Mayor Snyder opened the public hearing. Recreation Director Lowart advised that in Fiscal Year 1990-91, the City embarked on the development of a Parks and Recreation Master Plan to establish goals, long-term policies and standards to guide the City in the acquisition, development and management of parks and recreation facilities for the next 20 years. A public hearing on the Draft Plan was noticed for this meeting; however, all of the documentation required has not been finalized. Staff therefore recommended that the public hearing be opened in order to allow any persons interested in providing comments to the Council. The Council should then continue the public hearing to July 25, 1994, at which time the Draft Parks and Recreation Master Plan will be completed. Cm. Moffatt asked if the recent Supreme Court decision related to dedication of land to park areas would impact the City and if it Would have any effect on this plan. City Attorney Silver advised that this decision, which came down last Friday, was Dolan vs. City of Tiegart in Oregon. She just prepared a memo summarizing this opinion. She did not believe this decision effects the City's abilitY to require parkland as it doesn't change the law in California. The case which lead to the ruling was discussed. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 180 Regular Meeting June 27, 1994 Cm. Moffatt asked if it would have any effect on urban limit lines. Ms. Silver stated no, this is totally unrelated. Jeanne Howland, Business Manager for DUSD stated they have reviewed the Master Plan and a letter with their comments was distributed. Park System Policy #4 states, "Encourage the development of an integrated park system with landscaped pathways, dedicated open space, trail corridors, and school facilities but do not consider these lands as an area credited towards meeting park acreage standards." This policy seems to contradict the basic master plan philosophy. In addition, few of the propoSed park sites in eastern Dublin are contiguous to State approved school sites. The Dublin Unified School District wishes to work with the City on park/community use facilities planning and acquisition to enhance the development and maintenance of City/District facilities for community use. Both agencies serve the same constituents and by working together, both agencies will provide more and better facilities at less cost to the community. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council continued the public hearing on the Draft Parks and Recreation Master Plan to July 25, 1994. INITIATION OF ZONING ORDINANCE AMENDMENT STUDY FOR A PLANNED DEVELOPMENT (PD) DISTRICT PREZONE FOR A PORTION OF THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN PROJECTAREAS (450-20) Planning Director Tong presented the Staff Report and advised that Ted Fairfield, representing Jennifer Lin, and some of the other property owners in eastern Dublin are interested in a Zoning Ordinance Amendment Study to prezone 1,529 acres of land along Tassajara Road. The area is adjacent to City boundaries and prezoning is needed prior to annexation to the City and the Dublin San Ramon Services District. Ann Gygi stated she only owns 1 acre and is not interested in being included in this. She was not contacted. Mr. Tong advised that if the City Council initiates the study, the people would be contacted. Jeanette yoUngblood, Attorney for the Livermore Valley Unified School District asked if there would be further zoning of the property after this action. She expressed concern with mitigated impacts on schools. Staff at the LVUSD received information about this on Friday and she had not had a chance to understand what tonight's proposed action does. Mr. Tong clarified that the action under consideration is simply to start a prezoning study. After the study is completed, direct discussions with the various property owners and other parties would be held. It would then go to a public hearing before the Planning Commission and then 2 public hearings before the City Council. ,@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 181 Regular Meeting June 27, 1994 Following annexation, there would be further rezoning to clarify the details. Mr. Ambrose stated there is no development plan at this time. Ms. Youngblood asked that the 2 school districts be participants in this study process. They need to be involved early on in order to decide where the schools will be. Mayor Snyder cautioned everyone to not be too alarmed at this process initially. We all recognize that what everyone thoUght the community might look like in the future is just a general footprint. It is important for both school districts to be a part of the process, and their participation was encouraged. Jeanne Howland, DUSD Business Manager advised that they need about 125 of the usable acres. They are very concerned that they be included as part of the process. Doug Abbott questioned why the big hurry with this. The City has only just begun to think about the Santa Rita property. The voters were assured that the plan would be done in a careful way. Correspondence from the Preserve Area Ridgelands Committee was presented which reminded the Council of the court's decision related to the use of "should" being synonymous with "shall" and that "encourage" is the equivalent of "require". They intend to carefully scrutinize any development plan for eastern Dublin for full compliance~with all of the mandatory requirements of the EIR, Specific Plan and General Plan and lack of compliance could be a basis for further litigation. Mayor Snyder stated they were all aware of this and the judge concurred with the City's thinking on this. Marjorie LaBar stated she echoed what Mr. Abbott had said. The City is rushing ahead and it should be concerned with the highest and best use of the Santa Rita property and getting the best use with the BART System. Before jumping into another 1,500 acres, we need to look at our sewer capacity and where all the water is going to come from. Develop what's in the City now before developing more. Tom Ford, Tina Place resident, stated he had noted from the newspapers that the City Council reversed itself and he was particularly disappointed about the west BART station. The location of the eastern station will be out there for a lot of years and not serving the City. He asked for the logic and reason for the change. He also noted that the amount of land dedicated by developers was less than the amount of 125 acres needed for the schools. He questioned how the difference will be made up. The water situation is causing alarm. We are looking at some large increases in water use here in the Valley. It seemed to him that we have a large abundance already of residences in the Valley. We should look very carefully at something other than residential uses. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM- VOL 13 - 182 Regular Meeting June 27, 1994 Mayor Snyder emphasized that the City Council had not reversed itself on the BART station. Several years ago, Dublin sued BART over the 2 station concept; and that is why there is an east station planned today and a west station platform which can be retrofitted when the money is available. The development of this station is a commitment of the City Council and particularly on his part. He has asked the newspaper to correct their position and hopefully, they will do this. Cm. Houston clarified that the west station has not gone away, but it is a matter of funding. Cm. Burton pointed out that if the west station were to have been the only one, there would be a' log jam coming into town. Cm. Moffatt advised that the Fremont station has to be built before the west Dublin station. By moving the money to Highway 84, this will divert some of the traffic from 1-580/I-680 which will mean less traffic impact in this area. Mayor Snyder stated MTC's 20 year program is a best case situation. The plan has to be modified or at least reviewed every 2 years. Ann Gygi stated she lives near Tassajara Park and there are people that come out there all the time. The area could be nicely utilized, but she would like to see the area closed at dusk. If the area is deVeloped, people who get out of the Santa Rita Jail will come up that way and cause problems. Carolyn Morgan stated she hoped the City would not jump ahead of themselves. If you annex it you have to provide services. Ms. Morgan stated, believe it or not, they want to see the best for Dublin. She assumed that it will be annexed in sections. Mayor Snyder stated it was fair to say we really don't know what will happen as things go along. Ms. Morgan commented that the seminar that was put on last year by the 3 bonding companies related to infrastructure financing was very beneficial. The Council should remember what they said about taking small bites and then make sure that each new development pays their own way. Mayor Snyder agreed that each project must be reviewed to see if it is financially feasible. Marjorie Koller stated she was very supportive of this development. It will bring more people here and also provide more employment. She felt the City Council had done a jolly good job in pulling everything together. She congratulated the City Council and Larry Tong for their efforts. She stated she owns the Yarra Yarra Horse Ranch; or rather it owns her. Cm. Moffatt asked if it would be appropriate to assign some kind of time limit or this could drag on for two years or longer. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM- VOL Regular Meeting June 27, X994 Mr. Tong stated a lot of it would depend on working with the various property owners in the area. He anticipated that it will come back before the Planning Commission and then to the City Council well within the next two years; probably within the next 3 or 4 months. On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 65 - 94 INITIATING A ZONING ORDINANCE AMENDMENT STUDY FOR A PLANNED DEVELOPMENT (PD) DISTRICT PREZONE 'FOR A PORTION OF THE EASTERN DUBLIN PROJECT AREA ACCEPTANCE OF GIFT TO CITY (150-70) Recreation Director Lowart advised that the Dublin Senior Center recently participated in the Human Race sponsored by the Valley Volunteer Center and raised $4,122.50. Of this amount, the Dublin Senior Center receives $ .75 for each dollar raised for a total of $3,091.88. The seniors would like to purchase a public address system for the Senior Center at an estimated cost of $1,500. The balance of the funds would be deposited into "Contributions from Others" and serve as revenue to offset the cost of the Senior Center to the City. Cm. Burton stated he was delighted to hear there will be a better loud speaker system at the Senior Center. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council accepted the gift and authorized an additional appropriation of $1,500 to the FY 1994-95 Senior Center Machinery & Equipment Account. * * * REQUEST FOR PLACEMENT OF BLUE RIBBONS AS PART OF JENNY LIN AWARENESS CAMPAIGN (580-40) Public Works Director Thompson advised that Staff had received a telephone call from Pat Lee, who is representing the Jenny Lin family of Castro Valley. Jenny was the 14 year old girl recently killed in Castro Valley, and the murderer is still unknown and at large. A Blue Ribbon Campaign has been developed to raise awareness of this crime and to try to generate clues that will lead to the apprehension of the murderer. Ms. Lee is requesting that her volunteers be allowed to place blue ribbons around the City. Mr. Thompson discussed Staff's suggested conditions in the event that the Council approves this request, including that the ribbons be up no longer than 2 weeks, that no staples, tape, tacks or glue be used, and that no ribbons be placed'on regulatory signs. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CH- VOL 13 - 184 Regular Meeting June 27, 1994 Pat Lee, coordinator for the Lin family, showed a sample of the blue ribbons to be used. Students that knew Jenny are anxious to do something to help. She estimated that about 50 bows will be used in Dublin. Castro Valley will be keeping the ribbons up until the murderer is found. Cm. Burton felt this was a great idea to keep up the awareness. Cm. Moffatt commented if the ribbons are left up longer than 2 weeks, there would be a conflict with the "Red Ribbon" campaign coming up. Mayor Snyder suggested that she work with Mr. Thompson to determine the best locations. Ms. Lee stated they have been getting a lot of media attention; Jenny was a very active girl. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to allow installation and subsequent removal of blue ribbons for no more than 2 weeks at the Civic Center, parks and on street trees, subject to the conditions discussed. CLOSED SESSION At 8:33 p.m., the Council recessed to a closed session to conference with Legal Counsel regarding existing litigation (640-30), City of Dublin vs. City of Pleasanton, Contra Costa Superior Court No. C93- 05746. * * * REPORT ON CLOSED SESSION ACTION City Attorney Silver advised that no action was taken. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@ CM - VOL 13 - 185 Regular Meeting June 27, 1994