HomeMy WebLinkAbout4.01 Approve 11-15-1990 & 11-26-1990 Minutes I
SPECIAL WORKSHOP STUDY SESSION MEETING - November 15 1990
A special joint Dublin Planning Commission & City Council workshop
study session meeting was held on Thursday, November 15, 1990, in the
Regional Meeting Room of the Dublin Civic Center. The meeting was
called to order at 7: 05 p.m. , by Mayor Moffatt.
* * * *
ROLL CALL
PRESENT: Councilmembers Hegarty, Jeffery, Vonheeder and Mayor
Moffatt, and Planning Commissioner Springer. Cm. Snyder
arrived at the meeting at 8:20 p.m. Planning Commissioner
Zika arrived at the meeting at 7: 12 p.m. , and Planning
Commissioner Burnham arrived at the meeting at 7 : 30 p.m.
ABSENT: Planning Commissioner Barnes.
* * * *
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of
allegiance to the flag.
EAST DUBLIN. PLANNING WORKSHOP
Planning Consultant Brenda Gillarde explained'' the purpose of the
workshop and advised that we want to set a vision for East Dublin and
set some land uses down on a map. What is done, however, will not be
a final plan. There will be ample opportunities to discuss each
aspect further.
Ms. Gillarde explained that Dublin is at a very exciting point in its
history. There are 7, 000 acres on which to make choices and there are
many trade offs which will have to be made. The plan will be subject
to change even after it is adopted, as this is part of the process. A
certain amount of flexibility should be built in. This is the first
of 4 workshops which will be held.
Commissioner Zika requested copies of the County Agreement related to
the tax money split and which would indicate what restrictions are on
Dublin.
Planning Director Tong advised that there was an agreement that was
signed between Alameda County and the City of Dublin several years
ago. This agreement provided for a land use commitment in that the
City would continue the prezoning as business park industrial which
would allow for a business park type use on the County's property.
City Manager Ambrose advised that the agreement was forced upon the
City in that you cannot get an annexation approved by LAFCO unless the
City and County agree on a property tax split. Sales tax, property
tax, transient occupancy tax, etc. , would have to be subvented to the
CM - VOL 9 - 313
Workshop, Study Session November 15, 1990
----------------------------------------------------------------------
COPIES TO:
ITEM NO. V_
County. If the costs of services exceed 50% of the amount of revenue
generated, then the County and the City must negotiate for any
services above the 50% level.
The Council, Commission and members of the audience were asked to
discuss what they like about Dublin. Comments included: Central
location to the Bay Area; Uncluttered open space; Stream corridor
undeveloped, NE/NW Willow Creek; Concentration of business in area to
create market niche; Schoolyards and parks give recreation
opportunities to neighborhoods; People like to live here for
amenities-library; City close, country quiet; People own their own
homes; Street landscaping; Dublin pride - historic background;
Churches; Crossroads of stagecoach routes, crossroads of I-580/I-680;
Maintain crossroads identity; -Well balanced (has everything)� -- Regional
transportation availability (potential for new center/core) ; Schools;
Been. ._a_.,f irst., _set the. pace;. Interest in...culture, • new .programs. with._
City- and community base; Majority -of needs met within 5-7 minutes of
town:;.-;:Traffic- circulation,--is adequate=;. Hills-,. are: not�-,clut,-t'ered;�•:-Mix ,of:
housing, multi-family blends in well; Schools are located within new
neighborhoods; Quiet, uncluttered character, good access; Availability
of nearby employment; Clean air; Safe City, good police services;
Crossroads of Valley, will be a commercial base again; Broad range of
housing price availability; In Alameda County; Most beautiful civic
center; Great library; Common vision of quality of community on the
grow; Amador Lakes is an example of Dublin's vision.
The Council, Commission and members of the audience were asked to
discuss what they would change or add to Dublin. Comments included:
No houses facing arterial streets; No trail system, complete and
comprehensive hike/bike/equestrian facilities along trails; Additional
recreational facilities, golf emphasized, sports park, leisure parks
not connected to schools; 200 person theatre and community meeting
room; Designate land/fees in-lieu for park land, make formula fit
needs; Create central commercial area, pedestrian core (Horton Plaza -
Disneyland for shoppers) ; Big league identify to compete with
surrounding cities, high profile attraction to create identity; More
diversity in types/styles design of housing; Light rail or public
transit alternatives; Go up in building height to create identity and
attraction; Not too big; Do not ignore BART, especially around
stations; Downtown will change - meet that change; No irrigated lawns;
Creek development - better enhancement; Agency cooperation - part of
trail system; Soundwalls, anticipate and provide; Do not open up
existing creek areas; Parking pockets/shopping pockets, don't
replicate Village Parkway, hidden, poor access; No man-made barriers
in community; City more pedestrian and transit oriented; Parks for
leisure; Big multi-functional park, multi-functional cultural center,
large meeting hall; More moderate price housing; Parks adjacent to
schools; Improve school quality and location; Greater density to take
advantage of transportation nexus and to support commercial uses; High
end housing which pays its own way; Senior housing and facilities;
Uncrowded roads in future; Adequate tax-base to support vision,
develop better; Augment tax base through retail sales tax; Schools in
neighborhoods which are not a traffic hazard to children; Good ethnic
grocery store; Major/master landscaping plan and streetscape plan so
CM - VOL 9 - 314
Workshop, Study Session November 15, 1990
old and new Dublin are linked; Use creeks as walkways/corridors within
town; Preserve wildlife on creeks; Alternative/better circulation
plan, specifically Doolan Canyon; Don't allow tilt-up construction
with isolated access, integrate into the community; Don't duplicate
Village Parkway; Strong economic base contributing to the community.
Commissioner Burnham felt it was important to keep in mind "something
for everyone" with regard to mixed housing. We need to go through
this process more often in order that we can learn by our mistakes.
Commissioner Zika stated he would like to get a housing balance based
on the jobs generated. He was mainly concerned regarding jobs that we
create here in Dublin. There should be housing for all income levels.
Cm. Snyder felt that with regard to affordable housing issues, it does
little- good -'to . look at.•.the_-income levels of existing,-.'Dublin.. We are '" -
planning for the future.
Cm. Jeffery felt we have learned a lesson from neighboring communities
in that if you have too much architecture that looks the same, you end
up with "little boxes on the hillside" . She would like to see some
character and coordinated neighborhoods. She would not like to see
more than 3 stories in height, but sometimes you have to make
compromises.
Cm. Vonheeder felt that the circulation issues were the main reason
that this area was not planned when we first incorporated. We now
have a wonderful opportunity to plan and we are trying to anticipate
the needs in the next 15 years. We will need to make some
concessions, however, we still have people who want higher end homes.
Mayor Moffatt felt we certainly need diversified housing and higher
densities. We should designate the areas in which this can occur so
that 10 or 20 years down the road we will be able to put these in and
avoid the "not in my back yard" comments.
Cm. Hegarty stated that in 1982 when the City incorporated, we tried
to change and upgrade the image of Dublin. The money to pay for parks
and other amenities comes from retail sales tax. We must, therefore,
provide a good base for businesses to operate.
Ms. Willits summarized all the comments and clarified that what
everyone seemed to want with regard to housing is that all kinds of
housing should be provided in East Dublin. We need some of
everything.
Retail uses was discussed.
Commissioner Burnham felt that because we can't predict the future,
flexibility will be the key. It is convenient for people to shop in
Dublin.
Commissioner Springer felt that neighborhood shopping is needed. He
would like to see higher density uses, clustered around a town center.
CM - VOL 9 - 315
Workshop, Study Session November 15, 1990
Commissioner Zika felt that clustered neighborhood centers are
romantic, but that is not where California is now. He could see
limited neighborhood centers, but it would be a 7-11, Circle C, or
something like that.
Dave Burton stated he would like to see a commercial corridor
connecting East with West Dublin. Strip commercial or pocket
commercial needs to be addressed. He indicated he favored strip
commercial where you can drive up to a store and go in.
Cm. Jeffery stated she has very strong feelings about what downtown
Dublin should be. We should capitalize on what's successful for big
ticket items.. - She •felt Dublin•. should avoid strip type businesses
They do not service well other things we want to achieve, and are
difficult to- maintain. One-: -,of:- the—strong points of-= any °bus'ines`s1
district is -that you have to go there and then you stop •somewhere -else
along :the .-way.. . We ..should put...,as, :much,;business in as : concentrated..:.an: = •,
area as possible. You want a reason to pull people downtown, so most
of your shopping should be in this area. Whatever we create in our
business district is what we get. She indicated she was tired of
spending her clothing dollars outside of Dublin. We need to take
advantage of our location. We have the opportunity to grab them at
one end of the City and take them clear through to the other end.
Residential above stores does not work. However, it is very feasible
to put a concentration of housing next to a business area.
Mayor Moffatt felt that one of our biggest assets is I-580.
Businesses that need large exposure for advertising should be able to
locate next to the freeway. Hotels, automobile dealerships, and large
commercial ventures should go right along this corridor. Small
retailers such as a grocery store and maybe 5 or so other service type
stores could go in a residential area. However, you must have enough
density to support these.
Cm. Snyder stated with regard to an auto mall, he supports the
concept, but we should not get too specific. We need to allow
flexibility that businesses can stay in an area where they want. Cm.
Snyder felt that 99% of what was being discussed is market driven.
Cm. Vonheeder discussed a newspaper editorial published in 1980
discussing Dublin's downtown identity problems. She felt this was an
opportunity and challenge for Dublin to change and improve existing
areas. BART will have a major impact on Dublin. We must have the
flexibility to connect to future uses. She indicated she did not
particularly want to change much of what we have, but reality is that
everything changes. We should use the freeway corridor to our
advantage. She felt the major challenge will be to connect the 2
areas.
Cm. Hegarty felt that downtown Dublin is well defined. We now should
have space to go out and market for large organizations. We need to
get into the mainstream of things and "go for it" . There is no reason
CM - VOL 9 - 316
Workshop, Study Session November 15, 1990
Dublin has to lose what it has; we are planning for the year 2010. We
now have the opportunity to create the downtown that we want.
Ms. Willits summarized that everyone seemed to want a downtown area
with appropriate retail and residential around it. Retail
opportunities should not be excluded as most are market driven. With
regard to neighborhood services, those kinds of services that provide
immediate neighborhood needs should be considered.
Cm. Jeffery stated we need to capitalize on the niche that we have
already created for ourselves, plus capitalize on the freeway location
visibility.
Mayor Moffatt . felt that, if -necessary, more- - meetings should be
scheduled.
Mr. Ambrose.pointed out - that- if- more>meetings --than were - anticipated
are held, a budget• transfer of; funds i.may be ::necessary:::•..:. .° - •
Staff advised that even though they didn't get as far as was hoped for
on the agenda for this meeting, some very good information and
direction was provided. This workshop discussion will be continued on
the evening of December 6, 1990, beginning at 7: 00 p.m.
* * * *
ADJOURNMENT
The meeting was adjourned at 10:35 p.m.
* * * *
Mayor
ATTEST:
City Clerk
CM - VOL 9 - 317
Workshop, Study Session November 15, 1990
REGULAR MEETING - November 26, 1990
A regular meeting of the City Council of the City of Dublin was held on
Monday, November 26, 1990, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7 : 37 p.m. , by Mayor
Moffatt.
ROLL CALL
PRESENT: Councilmembers Jeffery, Snyder and Mayor Moffatt.
ABSENT: Councilmembers Hegarty and Vonheeder.
PLEDGE OF ALLEGIANCE
The Mayor led the Council,,...Staff...and..,those present.�•in,..the ..pledge ..of,:.;
allegiance to the flag.
INTRODUCTION OF NEW EMPLOYEE
Finance Director Molina introduced Lynn Harrington, the new part-time
Finance Technician. Ms. Harrington is a graduate of Dublin High School
and attended Sacramento State and Chico State Colleges.
The Council welcomed Lynn aboard.
* * * *
CERTIFICATION OF ELECTION RESULTS (630-30)
City Clerk Kay Keck advised that the City has received the Certifi-
cation of Election results from the Alameda County Registrar of Voters.
According to the results, out of 9,731 registered voters, a total of
5,776 votes were cast for the office of 3 City Councilmembers.
Dave Burton, Lisbeth Howard and Paul Moffatt were elected to the Dublin
City Council for 4 year terms.
BURTON COSTELLO HEGARTY HOWARD MOFFATT VONHEEDER
Total Votes 2,757 11819 2,172 2,680 2,575 2,129
Precinct # & Location
525800
Christian Ctr School 176 ------- 125 ------- 78 -------156------- 107------- 88
525900
Shannon Center 168 ------- 108 -------171 -------162------- 170------- 129
525910
St. Raymond's Church 143 ------- 95 -------127 -------169------- 156------- 143
525920
Garage, Rolling Hls Dr 156 ------- 86 -------144 -------155------- 140------- 109
526000
Library 135 ------- 83 ------- 76 ------- 97------- 98------- 81
@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*
CM - VOL 9 - 318
Regular Meeting November 26, 1990
526100
Nielsen School 164 ------- 98 -------140 -------161------- 185------- 139
526110
Garage, Hansen Drive 199 ------- 126 -------173 -------202------- 186------- 145
526200
Murray School 186 ------- 125 -------112 -------185------- 143------- 126
526300
Dublin High School 139 ------- 87 -------119 -------127------- 141------- 99
526310
Murray School 122 ------- 95 ------- 91 -------128------- 119------- 106
526400
Frederiksen School 175 ------- 118 -------128 -------165------- 168------- 148
526410
Frederiksen School 181 ------- 129 -------137 -------170------- 165------- 150
526420
Garage; Stagecoach -Rd 1.38 ------ 93 ---_---125 --=----°158--= -- 140---= 137-
526430
.Arroyo Vista. . ... ., , 113 ------r 85 -------103 ---.----124:------- 120--.-----,,.99r•.. .....:.... ..
526510
Wells Intermed School 187 ------- 120 -------140 -------176------- 172------- 151
Absentee Ballots 375 ------- 246 -------308 -------345------- 365------- 279
On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote
(Cm. Hegarty & Cm. Vonheeder absent) , the Council adopted
RESOLUTION NO. 145 - 90
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 6, 1990, DECLARING THE RESULTS THEREOF AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW
* * * *
ADMINISTER OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS (640-60)
City Clerk Kay Keck administered the Oath of Office to the newly
elected Councilmembers.
* * * *
SELECTION OF MAYOR AND VICE MAYOR (610-20)
Mayor Moffatt announced that in accordance with a Memorandum from the
City Attorney, which references Government Code Section 36801, the City
Council is required to meet after a General Municipal Election and
choose one of its members to serve as Mayor and one of its members as
Vice Mayor. On November 24, 1986, the City Council unanimously
established the policy whereby bi-annual election of Mayor and Vice
Mayor will occur following the election. The City's Rules of Conduct
for Council meetings provide that meetings shall be conducted pursuant
to the most recent edition of Robert's Rules of Order. The current
Mayor would continue to chair the meeting until the end of the meeting.
Mayor Moffatt called for nominations for Mayor.
CM - VOL 9 - 319
Regular Meeting November 26, 1990
Cm. Jeffery nominated Cm. Snyder for Mayor. Following a reasonable
period of time, Cm. Jeffery called for, and by a consensus, the
nominations were closed. By a unanimous vote of the Council, Cm.
Snyder was elected Mayor.
Mayor Moffatt called for nominations for Vice Mayor.
Cm. Snyder nominated Cm. Jeffery. Cm. Howard nominated Cm. Burton.
Following a reasonable period of time, and by a consensus, the
nominations were closed. Cm. Snyder, Cm. Jeffery and Mayor Moffatt
voted for Cm. Jeffery for Vice Mayor. Cm. Burton and Cm. Howard voted
no. Since Cm. Jeffery received the required majority vote, Mayor
Moffatt declared Cm. Jeffery as Vice Mayor. Since Cm. Jeffery won, Cm.
Burton and- Cm.. - Howard indicated they- would change -their votes - in favor
of Cm. Jeffery, and the vote, therefore, became unanimous.
Mayor Moffatt announced that- Cm. Snyder will take over-at the next
meeting.
Cm. Snyder thanked the City Council for their support and stated he
hopes the community will support this Council as a whole in the future.
There is obviously a lot of hard work ahead of everyone, and everyone
should continue on to make Dublin a strong and viable community.
Cm. Jeffery welcomed the new Councilmembers and thanked former Vice
Mayor Vonheeder and Councilmember Hegarty for the amount of work they
have put into the community. They certainly deserve a vote of thanks.
Cm. Burton stated that whenever you win an election, it causes some
hard feelings, but he felt good that he has this opportunity to serve
the City. Cm. Hegarty worked with him for many years to get the
community incorporated. Both he and Georgean Vonheeder did an
excellent job on the Council. They deserve a lot of thanks for their
service.
Cm. Howard thanked several members of the audience who supported her
during the campaign and stated she was very pleased to be sitting on
the City Council.
* * * *
ORGANIZATION AND COMMITTEE ASSIGNMENTS (610-40)
A list indicating committees, commissions, etc. , on which the
individual Councilmembers serve was presented to the Council for
review.
Mayor Moffatt stated that the reason for bringing up this item up at
this time was just to introduce the subject. He requested that Staff
look at the list to determine if the appointment must be a Council-
member or if it can be a person from the community.
Cm. Snyder stated he felt there was a lot to deal with this evening.
@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*
CM - VOL 9 - 320
Regular Meeting November 26, 1990
Mayor Moffatt stated he felt the concept was to have everyone review
the list.
Cm. Burton requested that Staff let everyone know when and where each
group meets, along with a sentence or 2 advising what each committee
covers and a status regarding activity. Also, paperwork related to
things that might be in the mill by either Mr. Hegarty or Ms. Vonheeder
would be useful.
City Manager Ambrose pointed out that Dublin obviously has a very
active Council. He advised that former Cm. Vonheeder also served as an
alternate on the LAVTA Board and as an .alternate on, the Alameda County
Transportation Planning Commission. The list also showed Cm. Snyder as
an. alternate on the LAVTA..Board.,and this should be-corrected -to
indicate he is a regular delegate. There is no appointed alternate on
the Tri-Valley Transportation Council.
Cm. Jeffery advised that, we ..are..only 1 meeting away. -from the joint-;,
presentation of the Tri-Valley Transportation Council. She expressed
concern with timing if Dublin postpones naming an appointment on this
Commission and questioned if Ms. Vonheeder would retain her position.
Cm. Burton advised that he and Cm. Howard had looked over the
assignments and agreed to split them. If someone else on the Council
wanted any of the appointments, this would obviously stall the
decision. He volunteered to be on the Tri-Valley Transportation
Council.
Mayor Moffatt pointed out that there is a lot of background material
and data involved.
Cm. Jeffery felt that Ms. Vonheeder should be asked to continue and
represent Dublin at the meeting on Wednesday.
City Attorney Silver stated she felt the Council should appoint someone
at this time. The Memorandum of Understanding which established this
group required that the representative be a Councilmember.
Mayor Moffatt brought up the fact that the County Supervisors appoint
someone to take over in their places.
Ms. Vonheeder stated the JPA is something she has worked on for almost
5 years. It allows for alternates, specifically because the 2 County
representatives are never able to attend the meetings. She indicated
she was not sure if the MOU specifies an elected person or not. The
JPA definitely allows for an alternate.
Later in the evening, Mr. Ambrose advised that Staff had looked and
determined that we do not have the final rules and procedures. We have
a preliminary draft and minutes, but do not have the final rules.
Cm. Burton questioned how many were on the Council.
CM - VOL 9 - 321
Regular Meeting November 26, 1990
Mr. Ambrose advised that the Tri-Valley Transportation Council consists
of representatives from the 5 valley cities and the 2 counties. In
addition, there are a number of staff members who sit on the Technical
Advisory Committee.
Cm. Burton stated he would be happy to get together with Ms. Vonheeder
in order to be briefed and then attend the meeting.
Ms. Vonheeder stated she felt there was no reason why she couldn't go
and represent Dublin. She simply wouldn't vote. The final JPA will be
brought back to the Council for its approval.
Mayor Moffatt stated he would be happy to go with Ms. Vonheeder to
carry the vote.
Cm. Snyder° stated he felt -it was very--important for 'Ms. Vonheeder' to be''
there.
By a consensus of the Council, it was agreed that Mayor Moffatt would.
attend the meeting along with Ms. Vonheeder.
* * * *
Directly Elected Mayor- (610-20)
Cindy Cobb-Adams, 11447 Cresta Lane addressed the Council and requested
that the new Council now reconsider the possibility of having the
citizens of Dublin elect a Mayor.
* * * *
Illegal Signs in the Public Right-of-Way (400-30)
Art Groth with Mason-McDuffie Real Estate, 5870 Stoneridge Mall Road,
encouraged the City Council to get off on the right foot and to be just
to their fellow man. He asked that they be more concerned with the
administration of justice than the administration of law. He asked
that rules be waived until they can be changed related to the way
Dublin administers the rounding up of realtor signs. This is getting
to be an annoyance. There are areas on San Ramon Road where the City
has excessive surplus land and he felt that realtor signs should be
allowed there. Dublin should review the rules of adjacent communities
and as long as signs are not a hazard to anyone, they should be
considered to be a part of the progressive method of marketing the
homes in the community. This would also relieve the time of the person
who must run around picking up the signs.
Mayor Moffatt questioned if Mr. Groth was a Dublin resident. Mr. Groth
responded that he was not.
* * * *
CM - VOL 9 - 322
Regular Meeting November 26, 1990
Dublin Fine Arts Foundation (900-20)
Zev Kahn, representing DFA Foundation, addressed the Council and
advised that they are raising funds to promote artworks within the City
of Dublin. He passed out flyers and advised that they are accepting
individual as well as business patrons.
* * * *
Renovation of Shannon Park (920-60)
Zev Kahn congratulated the new members of the Council. He stated that
often in the City the tendency is that we don't have the ability to
praise the••City employees.-- for work well done. Recently, one - of his- own
had dealings with the City and he felt the response was good. His 6
Y ear old:,dau hter. � Shell y,.,wrote--,a,-thank you.-letter-for ! the,
personal
-
tour renovation.- . -
of the Shannon Park-area which is undergoing major
* * *
CONSENT CALENDAR
On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Regular Meeting of November 13 , 1990 (Cm. Burton
and Cm. Howard abstained from voting on this item) ;
Awarded bid for printing of the 1991 Community Calendar (600-30) to
H. J. Bannister Printing, Inc. , of Dublin ($9, 894 .84) ;
Authorized a budget transfer in the amount of $2 , 140. 75 from the
Contingent Reserve to the Records Management Program Account, and
authorized payment of remaining balance to Norma Hislop & Associates
(600-30) ;
Approved Warrant Register in the amount of $464 , 843 . 47 .
Zev Kahn requested that 2 items (sale of surplus property on San Ramon
Road and award of construction bid for San Ramon Road improvements) be
removed from the Consent Calendar for discussion. He asked how long a
real estate conflict of interest from the past would be present related
to the 2 items being considered this evening which are in close
relationship to the area of the past conflict.
Mayor Moffatt stated his understanding is that the statute of
limitations is 4 years.
Mr. Ambrose stated he was not clear on the actual question.
Dr. Kahn asked if there is real estate property in the close vicinity
of an item that's been under discussion that at one time represented a
conflict of interest, and which resulted in realtor fees for
representing a client in and around the vicinity, would this still be a
conflict if the individual was voting on an item?
CM - VOL 9 - 323
Regular Meeting November 26, 1990
Ms. Silver stated she could not answer this type of a hypothetical
question, but did advise that the Fair Political Practices Act, which
is the statute which governs conflicts of interest, does not look at
proximity in terms of time. It is concerned with whether or not
someone, at a given point in time, has any interest, whether it be
business interest, or an interest in property, etc. , whereby a decision
that an elected official would make would have a foreseeable material
affect on that interest. If, in fact, a current Councilmember, had an
interest in property some time ago, but no longer has an interest in
property, it is not relevant.
Dr. Kahn stated this satisfactorily answered his question.
On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous
.vote; the Council adopted-
RESOLUTION NO. 146 - 90
STATING INTENTION TO SELL CITY PROPERTY
(TOWN & COUNTRY SHOPPING CENTER - SAN RAMON ROAD)
AND SETTING HEARING FOR DECEMBER 10, 1990 (670-80)
and
RESOLUTION NO. 147 - 90
AWARDING CONTRACT 90-01, SAN RAMON ROAD IMPROVEMENTS PHASE IV (600-30)
TO REDGWICR CONSTRUCTION ($1,866, 639.22)
and authorized the Mayor to execute the agreement and directed Staff to
advise Foster City that Dublin will only purchase $1, 113 , 000 of Foster
City's FAU monies;
Cm. Burton requested that the $200 donation item be removed from the
Consent Calendar because he felt that proper recognition may not be
possible in this manner.
Mr. Ambrose explained that the Recreation Director had prepared a Memo
outlining the specifics. He felt there would be a nice opportunity for
the Council to attend a Christmas program that the Preschool will be
conducting on December 19th, and this might be an appropriate time to
recognize the parents and children who participated in the fundraising
effort.
Cm. Snyder questioned the time that the event will be held.
Ms. Lowart advised that the event is scheduled to begin at 7 : 00 p.m. ,
and everyone will be receiving an invitation.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council accepted a $200 gift from parents enrolled in the
City's Preschool Program for the purchase of supplies and equipment to
benefit the Preschool Program, and directed Staff to prepare a formal
acknowledgment to donors (150-70) .
CM - VOL 9 - 324
Regular Meeting November 26, 1990
Planning Director Tong advised that Staff recommended that the item
related to the Donlan Canyon Annexation No. 9, be continued until the
next City Council meeting in order that LAFCO can prepare their
resolution and have it available for the Council's review.
Mr. Ambrose advised that LAFCO has actually adopted the resolution, but
it has not yet been typed.
On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous
vote, the Council continued this item (620-20) to the December 10,
1990, City Council meeting.
* * * *
PUBLIC HEARING
CITY OF DUBLIN TRAFFIC CODE UPDATE (590-20)
Mayor Moffatt opened the,- public hearing.` "
Public Works Director .Thompson advised that in 19'87j, the City '•Cbuncil
adopted Ordinance No. 54-87, which adopted the traffic devices that
were in the existing Alameda County Code. This action created the City
of Dublin Traffic Code, which then included both the items in the
County Code and those that had been adopted by the City Council since
incorporation. The Traffic Code is a listing of approved traffic
controls, such as stop signs, yield signs, and no parking zones, which
exist in the public right-of-way. The Code is updated as new control
devices are approved, either by the City Council or by Staff, and
installed.
An Ordinance was introduced at the October 29, 1990 City Council
meeting; however, due to the addition of several streets under the
speed limits portion of the drafted Ordinance, it is proposed to be
reintroduced at this meeting.
Cm. Burton indicated that on Silvergate Drive coming onto Dublin
Boulevard, if you have a western sidewalk, you can't get across there
without taking your life into your hands.
Mr. Thompson advised that crossing prohibitions are being added to the
ordinance, and this is one of the locations.
Mr. Ambrose advised that this location is presently not included in the
code, but is being added. Pedestrian crossings are being prohibited
because it is not safe to cross at these locations.
Mr. Thompson stated we don't want people crossing Dublin Boulevard at
this location, but they can cross Silvergate Drive.
Mayor Moffatt closed the public hearing.
Cm. Snyder stated that for reasons indicated at the last meeting, he
expressed opposition for having Dublin Boulevard in its entirety listed
at 35 mph. We have had 2 problems in recent years with major
accidents. Approaching the curve at Silvergate Drive at this speed is
unsafe.
CM - VOL 9 - 325
Regular Meeting November 26, 1990
Mr. Thompson advised that Staff is not recommending a change at this
time, but rather only trying to bring everything into conformance. A
curve ahead sign is proposed to be placed there with a 25 mph advisory
sign.
Cm. Snyder asked if the 25 mph marking on the street would be removed.
Mr. Thompson responded that it would be removed, and he thought that
the sign further down the hill had already been changed.
Cm. Snyder asked how an advisory sign would be policed.
Mr. Thompson advised that a ticket could be given for unsafe speeds.
On motion of Cm. Snyder, seconded by Cm. Burton, and by majority vote;
the Council asked that:,the>..speed limit issue be =brought •back before-the'�-�-:
Council for review and discussion. Cm. Jeffery voted against this
motion, . as the Council _looked .at., ways to try and=correct .:-the -problems•-
up there and she did not feel that changing the speed limit would
correct them. She felt that changing the intersection is what is
needed.
Mayor Moffatt questioned if Dublin Boulevard going up the hill is put
into Dublin, would it be considered a residential street.
Mr. Thompson advised that there will be no houses fronting the street.
We will need a traffic survey and if the Council wanted to set a 25 mph
speed limit, findings must be made which would override the 85th
percentile.
Mayor Moffatt felt that if the speed limit shown for the 85th
percentile is 41 mph, it would be difficult to uphold any speeding
tickets.
Cm. Burton felt that the soonest the intersection could be redone would
be FY 1991-92 . If anyone drives up there, they get a false impression
going 35 mph, especially hitting the blind curve with the sun in a
driver's eyes.
Cm. Jeffery stated she was concerned that if we set a 25 mph limit . and
you gave someone a ticket up there, it wouldn't hold up in court.
On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous
vote, the Council waived the reading and INTRODUCED the Ordinance.
* * * *
DUBLIN BOULEVARD/SILVERGATE DRIVE INTERSECTION REPORT (590-80)
Public Works Director Thompson advised that on November 13 , 1990, the
Council directed Staff to prepare a report regarding the estimated cost
of engineering and construction for modifying the Dublin Boulevard/
Silvergate Drive intersection to a normal "T" configuration.
CM - VOL 9 - 326
Regular Meeting November 26, 1990
Mr. Thompson advised that these improvements are presently proposed to
be paid for by the developers of the Hansen Ranch, Donlan Canyon, and
other West Dublin housing projects. At this point, only the Hansen and
Donlan projects have been approved. Economic concerns have caused
these developers to delay the projects, thus delaying modification of
the intersection. The Hansen Ranch developers are tentatively
proposing to begin construction in the spring of 1991. Their
conditions of approval for development require a 23 .7% contribution to
the modification of the intersection and to the widening of Dublin
Boulevard at that intersection prior to the occupancy of any units.
Donlan Canyon's contribution is defined as a pro-rata share, also to be
paid prior to occupancy.
In November, the Council discussed the safety issue at the existing
intersection. TJKM recommended, and Staff will proceed to install, an
advisory .curve warning.°s ign.;`for:'the :right turn 'movement 'from' westbound"
Dublin-Boulevard onto Silvergate Drive in an effort -to, slow the-drivers
.;.mak-ing;,that .,turn:, Once_,:.the , intersection, has ,been reconfigured;4` drivers
will be forced to negotiate the turn at a slower speed because of the
removal of the sweeping curve.
Mr. Thompson advised that the preliminary estimated cost of design,
inspection, and improvements for the intersection reconfiguration only
(not including the cost of widening Dublin Boulevard) is just over
$200, 000. It is anticipated that the design process would require
about 3 to 4 months to complete.
The Council reviewed, discussed and approved the schematic design for
reconfiguration of the intersection.
Chris Kinzel advised that one of the purposes of realigning the
intersection was to allow Dublin Boulevard to attract as much traffic
as possible from the new developments in the western hills through the
new street that will be built through the church property. They did
not anticipate any stop signs or signals stopping traffic on Dublin
Boulevard. They recommended constructing the intersection as proposed,
and if issues come up, they could be dealt with at the time. Signals
could be installed at a later date if necessary.
Cm. Burton asked why a sweeping turn was being recommended, when that
is the problem to begin with.
Mr. Kinzel advised that it would be more desirable to have a perfectly
perpendicular alignment and to not require acquisition of property.
Slides were shown of their proposal.
Cm. Snyder questioned what will ultimately happen to the piece of
property on the north east corner. He indicated he would like to offer
it to the homeowner if they are interested in buying it.
Mr. Thompson advised that the City could abandon it and then the
homeowner could take it over.
CM - VOL 9 - 327
Regular Meeting November 26, 1990
Cm. Snyder felt the City should landscape it or take measures to make
sure it looks nice.
Discussion was held related to the proportionate share of funding from
the various developments.
Cm. Burton asked if the City has a liability when we start saying this
is a dangerous intersection if there is an accident.
Mr. Thompson advised that every year, Staff does a traffic analysis and
identifies high accident locations. They then look into particular
locations and recommend improvements. This is a proactive move.
.-Ms.• Silver stated that there are a- variety ,of provisions in the-
California Tort Action dealing with immunities.
Zev-Kahn -asked -if cons ideration-was-given°to-making- minimal changes-'-tb-
.,the. existing layout which. would.ube cost, effective until 'it is built. : r.
Mayor Moffatt advised that the Council was discussing the design phase
of the new structure, without going into any construction.
Dr. Kahn felt there was more of a safety concern with the intersection,
and stated he hoped that some simpler and cheaper things could be done.
He was concerned with the way the market is, 1992 may not be reasonable
for expecting to recoup money from developers. He hated to see Dublin
spend a lot of money now recommending changes which most likely won't
occur before 2000, instead of using the money for other projects. we
should look at some other temporary measures that will get us by for
the next 10 years.
Mayor Moffatt stated that the traffic safety reports have shown that
this is not a real accident prone corner. The design being proposed is
something that will take several months to do.
Cm. Snyder pointed out that the third Staff recommendation related to
including this project in the 1991-92 CIP Update for construction in FY
1991-92 was what Dr. Kahn was addressing.
Dr. Kahn stated he would like the City Council to delay it.
Cm. Snyder advised that the City Council will be discussing the 5-Year
CIP in a few months.
Dr. Kahn felt it was too early to even look at putting this in the CIP
since there is no commitment from developers to build. The housing
market might even go down more. He encouraged restriping, plus put in
stop signs which will be far cheaper and more cost effective.
Cm. Snyder pointed out that the money is there already.
Cm. Burton indicated that this is a preliminary plan that will be
ongoing, so if and when the intersection is designed, this is only a
preliminary stage.
CM - VOL 9 - 328
Regular Meeting November 26, 1990
Dr. Kahn stated he felt the money could be used for a lot of other
things.
Cm. Snyder stated he felt the uncertainties related to jail fees and
tax collection fees are the only reason we have stopped the whole
redesign of the intersection.
Mayor Moffatt asked if the funds being transferred are general fund
monies.
Mr. Ambrose advised yes, it is money that we anticipated having to
spend on the San Ramon Road Phase IV project. The bids received were
substantially less that what was anticipated.
On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous
vote, the- Council authorized the 'new• Capital I'mprovement••Project and
authorized -a budget transfer in the••amount' df - $24.,,600 ."f`rom--the San ' "
Ramon. Road Phase IV project :,to:•-,the.•:Dublin .Boulevard/,S-ilverga•te Drive
Intersection. project.. Further, the Council directed Staff to include
the Dublin Boulevard/ Silvergate Drive intersection modifications in
the draft 5-Year CIP for construction in FY 1991-92, at the time that
the CIP is updated in June, 1991.
* * * *
PREPARATION OF INTEGRATED WASTE MANAGEMENT PLAN (810-70)
Assistant City Manager Rankin advised that AB 939, the law referred to
as the Integrated Waste Management Act of 1989, became effective on
January 1, 1990. This law mandates cities to reduce the amount of
garbage placed in landfills by 25% by the year 1995, and 50% by the
year 2000. The law contains penalties of up to $10, 000 per day for
cities which do not meet these requirements.
Mr. Rankin advised that the law requires cities and counties to
undertake studies to quantify the amount of waste generated in each
jurisdiction. The Alameda County Waste Management Authority (ACWMA)
has already selected a consultant to provide the City with baseline
data.
Mr. Rankin discussed the elements of the baseline plan, which include:
1) Residential Waste Generation Analysis; 2) Commercial and Industrial
Generator Analysis; 3) Special Waste; 4) Waste Diversion Study; 5)
Waste Disposal Study; 6) Development of Models; 7) Waste Generation
Projections; 8) Household Hazardous Waste Analysis; 9) Existing
Conditions Report; 10) Disposal Capacity; 11) Education and Public
Information Component; and 12) Identification of Potential Regional
Facilities.
The City must also develop a Source Reduction and Recycling Element
(SRRE) which will identify how the amount of waste disposed of at the
landfill will be reduced. The ACWMA has proposed a joint project to
prepare the SRRE. The Funding Component will evaluate the cost
associated with implementing programs identified to meet the
CM - VOL 9 - 329
Regular Meeting November 26, 1990
requirements of the law. The Integration Component will identify
precisely how the various components will be combined to reach the 25%
and 50% mandates of AB 939. An example would be defining the
priorities of recycling versus composting.
Mr. Rankin advised that state law mandates that any regulatory projects
must provide adequate protection of the environment. An environmental
checklist will be conducted by the consultant to determine whether a
comprehensive analysis is necessary. The proposal does not include the
preparation of an EIR.
The City must submit its SRRE to the County by July 1, 1991. The
submittal of the County Plan to the State will not be required until
January 1, 1994 , provided that the. study shows that more than 8 years- "
of landfill capacity remain in Alameda County. Because Brown &
Caldwell -will be actively, working -,on data , collection. in Alameda'. County; `: •: }'
Staff felt .it would be efficient to have= them prepare --the City of
Dublin's SRRE.
The Waste Management Authority has requested that cities indicate their
interest in a joint effort to complete the local SREEs no later than
December 10, 1990. The Authority has offered to fund the cost of the
SRRE, based on an acceptable scope of work. If an agency required
additional specialized studies or additional meetings, the cost would
be borne by the City. The Authority would reimburse agencies not
participating in the joint project only to the amount which would have
been paid as part of a joint agreement. The consultant has indicated
that their proposed cost would be reduced by approximately 38% in the
event that several agencies jointly pursue this option. The Authority
will most likely need to increase its tipping fee in order to derive
income to pay for the SRREs. A tipping fee would be levied on all
waste generated in the County, which results in additional operating
costs to the garbage company which are reflected in their rate requests
and would be paid by all garbage customers.
Mr. Rankin advised that the Authority has suggested that the SRRE be
completed pursuant to a Memorandum of Understanding. This document
would be presented to the Council at a future meeting. In developing
this MOU, Mr. Rankin advised that Staff would work to assure that any
financial responsibility of the City is clearly defined and that the
City has adequate control in the preparation of the SRRE. This will be
necessary to assure that the goals and objectives to be pursued reflect
the local community.
In summary, Mr. Rankin advised that the Authority has already approved
contracting with Brown and Caldwell to perform the Baseline Study, with
work to begin in the near future.
Cm. Burton questioned if having a Dublin Staff member work on this
would cost us extra.
Mr. Rankin advised that he is currently handling all items related to
waste management and we do not anticipate having to hire additional
Staff.
CM - VOL 9 - 330
Regular Meeting November 26, 1990
Cm. Burton asked how they arrived at the cost of the project for
Dublin.
Mr. Rankin advised that his understanding was that costs were based on
population, but pointed out that the numbers are preliminary. He has
not yet evaluated the preliminary numbers. The breakdown of the total
agreement costs would not impact us as long as we are participants in
the joint MOU.
Mr. Ambrose advised that actual costs will be subsequently brought to
the City Council.
Mr. Rankin advised that none of the prices are guaranteed at this time.
If everyone -doesn.'t participate, costs could- change •He 'felt that it
would be cheaper to pursue this collectively than go out on our own.
Cm. Burton asked if July 1, 1991 was a realistic date:
Mr. Ambrose advised that Brown & Caldwell feel they can do it.
Mr. Rankin advised that the State has been, up to this point, unwilling
to amend this date, although they don't even have any final
regulations.
Cm. Snyder pointed out that if, in fact, Hayward paid $85, 000 to do
their study, they will be entitled to a credit of $61, 000. It behooves
us to look at the total budget.
Cm. Jeffery questioned if the new board created by the passage of the
waste initiative could impact the work being done.
Mr. Rankin advised that Measure D provides funding for recycling plans.
Recycling is just one component. This is a potential source of
funding, but there should not be a conflict. That board can be
appointed as the local task force to review plans.
Cm. Jeffery stated she was concerned regarding the amount of
interference and damage they might be able to do to our plan.
Mr. Rankin advised that there has been a strong concern that there
needs to be local control because we are on the hook for the $10, 000
fine. We must also prepare and submit a plan to the State.
Discussion was held related to the development of the baseline
information.
Cm. Burton asked if we will get the software program when this is done.
Mr. Rankin advised that this has not yet been addressed.
Cm. Burton felt it would be worth it to get this software so we could
then track our flow.
CM - VOL 9 - 331
Regular Meeting November 26, 1990
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council directed Staff to pursue the preparation of the SRRE
as a joint effort funded by the Alameda County Waste Management
Authority.
OTHER BUSINESS
League of Women Voters Planning Forum (420-50)
Mr. Ambrose advised that the League of Women Voters is sponsoring a
Planning Forum here at the Civic Center on NovQpber 28, 1990, beginning
at 7 : 00 p.m.
* * * *
Tree Lighting Ceremony (950-40)
Mr. Ambrose reminded everyone that . Dublin's tree lighting ceremony will
beheld in the lobby of the Civic Center on December 3 , 1990, beginning
at 6: 30 p.m.
* * * *
East Dublin Workshop (420-30)
Mr. Ambrose reminded everyone that the East Dublin study session
workshop would continue on December 6th, beginning at 7 : 00 p.m.
* * * *
West Dublin Field Trip (420-10)
Mr. Ambrose advised that a field trip should be scheduled to the West
Dublin planning area prior to the first workshop scheduled in January.
By a consensus, the Council selected the date of Saturday, January 12 ,
1991 for the 1/2 day field trip.
* * * *
Fire on Village Parkway (540-30)
Mr. Ambrose advised that there was a serious structure fire over the
weekend to the buildings owned by Don Hucke on Village Parkway. A memo
from the Fire Chief was distributed.
* * * *
CM - VOL 9 - 332
Regular Meeting November 26, 1990
Funding for BART Station (1060-30)
Mr. Ambrose advised that the City had received a letter from Pleasanton
Mayor Mercer asking that Dublin consider participating in the
development of a program which would fund the $18 million difference in
costs identified by BART to build an eastern Dublin BART station first.
By a consensus, the Council requested that this item be agendized for
discussion at the December 10th Council meeting.
* * * *
CLOSED SESSION
At 9: 40 p.m. , the Council recessed to a closed executive session to
discuss,: - 1) Potential Litigation, Government Code"Secti'on '5'4956. 9 (c) ;
2) Pending Litigation, -GC 54956•:9 (a) , •Case No. H-141-7,38-4 Olympia
Drywall Co—vs. DNI, City of Dublin, .et al. ; . and 3) Pending Litigation,
GC 54956. 9 (a) , Case No. 880011 State of CA, et al. vs. _Rosendin
Electric, Inc.
* * *
ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 11: 18 p.m.
* * * *
Mayor
ATTEST:
City Clerk
CM - VOL 9 - 333
Regular Meeting November 26, 1990