HomeMy WebLinkAbout4.01 Draft Minutes 01-14-1993
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ADJOURNED REGULAR MEETING - Januarv 14. 1993
An Adjourned Regular Meeting of the City Council of the City of Dublin
was held on Thursday, January 14, 1993, in the Council Chambers of the
Dublin Civic Center.
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CLOSED SESSION
At 6:30 p.m., with all Councilmembers present, the Council went into a
closed executive session to discuss potential litigation in accordance
with Government Code Section 54956.9(c).
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The public portion of the meeting was called to order at 7:37 p.m. by
Mayor Snyder.
ROLL CALL
PRESENT: Councilmembers Burton, Howard, Houston, Moffatt, and Mayor
Snyder.
ABSENT: None.
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PLEDGE OF ALLEGIANCE TO THE FLAG (610-20)
The Mayor led the Council, Staff and those present in the pledge of
allegiance to the flag.
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PUBLIC HEARING - EASTERN DUBLIN GENERAL PLAN AMENDMENT (GPA), SPECIFIC
PLAN (SP), DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR), AND RELATED PROJECT
IMPLEMENTATION (420-30)
Mayor Snyder opened the public hearing.
Opening remarks were presented by Larry Tong, Planning Director.
The Eastern Dublin General Plan Amendment and Specific plan Studies were
started in 1987 with a look at environmental conditions and
developmental constraints. In 1990-91, six study sessions were held in
order to create a vision for Eastern Dublin. Some of the items
discussed were economic viability, mixed housing, higher density near
the transit lines, good traffic flow, and a town center with a
pedestrian core. For comparison, Eastern Dublin comprises 11 square
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CM - VOL 12 - 24
Adjourned Regular Meeting
January 14, 1993
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ITEM NO.
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COPIES TO:
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miles while existing Dublin comprises 4 square miles. It will take
thirty plus years to build out in Eastern Dublin.
Planning Consultant Brenda Gillarde indicated that the Eastern Dublin
study began in 1987 in response to proposals for development of the
Dublin Ranch property within the City's eastern extended planning area.
The City Council determined that a comprehensive planning study should
be undertaken for Eastern Dublin prior to acting on individual
development applications.
In 1988, the City contracted with Wallace, Roberts & Todd, a multi-
disciplinary team of planners, designers, engineers, economists and
environmental specialists to conduct the necessary technical studies and
prepare the required planning and environmental documents.
The planning process for Eastern Dublin can be divided into five stages.
stage I involved a massive data collection effort which resulted in
"Eastern Dublin Specific Plan/General Plan Amendment Studies:
Environmental Setting," dated November 1988.
In Stage II, five land use concepts were discussed at a series of six
joint public study sessions conducted before the City Council/Planning
Commission held from April 1990 through February 1991. Input from these
meetings resulted in the selection of a preferred land use concept for
Eastern Dublin for environmental analysis.
Stage III involved the preparation of the draft General Plan Amendment,
Specific Plan, and Environmental Impact Report for Eastern Dublin.
Stage IV involved a series of thirteen public hearings and meetings
before the Planning Commission to receive input from the community,
agencies, and property owners on the General Plan Amendment, Specific
Plan, and draft Environmental Impact Report. On December 21, 1992, the
Planning Commission recommended City Council certification of the Final
EIR and adoption of the General Plan Amendment and Specific Plan with
revisions.
Stage V will involve the City Council holding a public hearing on the
General Plan Amendment and Specific Plan; hearing comments on
environmental issues and the Eastern Dublin Property Tax Exchange
Agreement; closing the public hearing after all testimony and comments
are received; deliberating on the Final EIR, Eastern Dublin Property Tax
Exchange Agreement, draft General Plan Amendment, Specific Plan; and the
City Council taking action by resolutions on the Final EIR, Eastern
Dublin Property Tax Exchange Agreement, draft General Plan Amendment and
Specific Plan.
Steve Hammond of Wallace, Roberts, & Todd, presented a slide show to
show the unique opportunity the City of Dublin has in making a bold,
long range statement for development of the Eastern Dublin area. He
indicated that the General Plan Amendment would be a guidebook for the
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CM - VOL 12 - 25
Adjourned Regular Meeting
January 14, 1993
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future of Dublin. It would present a long term intent of the City for
development. The Specific Plan suggests different land use patterns.
The slide show presented existing development in other communities. He
concluded that Dublin has the opportunity to create a quality community
where people will want to live.
Ms. Gillarde indicated that the California Environmental Quality Act
(CEQA) requires the preparation of an Environmental Impact Report (EIR)
for any project found to have any significant or potentially significant
impacts on the environment. Because potentially significant impacts
were identified in the Initial Study, preparation of an EIR was
required. The draft EIR was released August 28, 1992. Seven public
hearings were held before the Planning Commission in September and
October 1992 to receive public comments. Public comments and responses
to those comments are contained in the draft Final EIR for Eastern
Dublin dated December 7 and 21, 1992. The Planning Commission
recommended City Council certification of the Final EIR on December 21,
1992.
The following are major impacts, which after mitigation, will still
remain significant. Such impacts will require the City Council to
consider making a Statement of Overriding Considerations at a later City
Council meeting.
TRAFFIC in the year 2010 with the Project would exceed acceptable
standards on I-580 Freeway between 1-680 and Hacienda and on the Santa
Rita/I-580 eastbound ramps. At full, cumulative buildout, Dublin
Boulevard/Hacienda Drive and Dublin Boulevard/Tassajara Road would
exceed acceptable standards.
An unavoidable increase in ENERGY CONSUMPTION will result from expansion of
gas and electric service, treatment and exportation of wastewater, and
water distribution.
Exposure of future residents to ground shaking (SEISMICITY) due to an
earthquake is unmitigatable.
Alteration of the site's current VISUAL character is an irreversible
unmitigatable impact.
It may not be possible to mitigate all homes from potential adverse
NOISE intrusions.
The Regional Air Quality District mandates a reduction in AIR
pollutants. Any increase in pollutants is therefore considered
significant. This impact cannot be reduced to insignificance, therefore
it has an unmitigatable impact.
During the thirteen public hearings and meetings before the Planning
Commission, the following i~sues were raised:. Airport Protection Area,
Grading Policies, Curvilinear Street System, relocation of High School,
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CM - VOL 12 - 26
Adjourned Regular Meeting
January 14, 1993
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availability of Wastewater Treatment Capacity and Water Supply,
Financing of proposed Eastern Dublin General plan Amendment and Specific
Plan, San Joaquin Kit Fox, and Tassajara Road.
The Airport Land Use Commission (ALUC) is considering adoption of a
modification to the Airport Land Use Policy plan to establish an Airport
Protection Area (APA). An Airport Protection Area was adopted by the
County Airport Commission and will be taken to the Airport Land Use
Commission on February 10, 1993. The City Council has the right to
override the Airport Protection Area by a 4/5 Council vote.
Under Grading Policies, a landowner in Eastern Dublin requested changes
in the Specific Plan text relating to scenic corridors, hillside
development, and foothill residential area. Staff is recommending
modification of wording.
In regards to Curvilinear Street System, a land owner in Eastern Dublin
requested consideration of a less specific street system in the Town
Center area that would allow for future consideration of either a grid
or curvilinear street layout and potential for four lanes on the
"transit spine." Staff finds that a mixed grid and curvilinear street
system along with consideration for the number of lanes on the "transit
spine" may have merit.
Landowners in Eastern Dublin requested the High School be relocated to a
major arterial roadway. The Planning Commission and Staff recommend the
High School remain in its present location.
Members of the public have expressed concern that there is insufficient
wastewater treatment capacity and water supply to support the
development envisioned by the Eastern Dublin General Plan Amendment and
Specific Plan. Staff recommends City Council approve the policies
regarding wastewater capacity and water supply in the Eastern Dublin
General Plan Amendment and Specific Plan as recommended by the Planning
Commission.
Members of the public expressed concern over the feasibility of
financing of the proposed development. The Planning Commission and
Staff recommend the City Council adopt the text of the Specific Plan
relating to financing as proposed.
The California Department of Fish and Game states the General Plan
Amendment area is suitable habitat for the San Joaquin Kit Fox, an
endangered species. It felt the loss of habitat would be significant.
The Planning Commission and Staff recommend mitigation measures to
include a requirement for pre-construction surveys within 60 days prior
to any habitat modification and a requirement that the City work with
the California Department of Fish and Game and the U.S. Fish and
Wildlife Service to develop a management plan that identify measures to
protect viable habitat for the kit fox.
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CM - VOL 12 - 27
January 14, 1993
Adjourned Regular Meeting
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Tassajara Road has been recommended to be a six-lane facility between
Dublin Boulevard and Gleason Road on the approved Specific Plan.
Mr. Ambrose, City Manager, explained the background regarding the Santa
Rita Property Tax Exchange Agreement with the County of Alameda. During
the formulation of the Eastern Dublin Specific Plan, the County of
Alameda requested that the City of Dublin consider a mixed use
development plan for the County-owned Santa Rita property, instead of
the Business Park zoning which had been adopted by the City Council for
that property in 1986. Under the 1986 Tax Exchange Agreement, the
County would keep all of the tax revenues generated from the Santa Rita
property and the City would be reimbursed for the cost of services
provided to the Santa Rita property not to exceed 50% of the total
County revenues. The City agreed to consider a mixed use plan on the
Santa Rita property, provided that the County agree to renegotiate the
1986 Property Tax Exchange Agreement. A new draft Tax Exchange
Agreement was approved by the County of Alameda Board of Supervisors on
October 6, 1992. Under the new agreement, tax sharing, services, land
use, future infrastructure and redevelopment are addressed. Mr. Ambrose
indicated that this agreement is more favorable fiscally to the City.
The City Council cannot adopt the agreement until the Eastern Dublin
General Plan Amendment and Specific Plan are adopted.
Cm. Burton asked what if the City Council did not adopt the Agreement.
Mr. Ambrose responded that the 1986 agreement would be in effect and the
land could only be used as a business park.
Cm. Moffatt realized that this was a concept, but that markets could
change. He wondered if there is any flexibility in the General Plan.
Mr. Tong indicated the General Plan Amendment and Specific Plan could be
adopted and in the future have amendments. There could be no more than
four changes each year by law.
Cm. Burton asked how it would work if there was more than one project
and if each property owner wanted a change.
Mr. Tong indicated if the change was one element such as land use, it
would be considered one change even though there might be two or more
property owners. It would have to go through the public hearing
process.
Ms. Gillarde explained that there was flexibility in the density ranges.
"General Community" could be many types of housing built.
Martin Vitz, East Bay Regional Parks District, stated open space should
be planned and not be an afterthought. It was necessary to work with
other areas. There is a need for coordination among the districts so
there could be a regionally coordinated plan for open space. He
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CM - VOL 12 - 28
January 14, 1993
Adjourned Regular Meeting
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recommended the General Plan Amendment and Specific Plan be sent back to
the Planning Commission and the Planning Staff.
Cm. Moffatt asked if East Bay Regional Parks District (EBRPD) was
willing to buy the land.
Mr. Vitz responded that they would be willing to manage the land if
there was an adequate revenue stream.
Cm. Moffatt asked if EBRPD wanted the land donated to them.
Mr. Vitz responded that the land could be dedicated to EBRPD.
Cm. Moffatt asked if EBRPD controlled the land, did they have the right
to sell it.
Mr. Vitz indicated that onCe the land was dedicated, it was impossible
to sell it.
Cm. Burton asked if EBRPD wanted to get into land use planning for the
City of Dublin.
Mr. Vitz indicated that the larger area needed to be considered and he
hoped the City of Dublin would work with Contra Costa County and Alameda
County.
Cm. Burton indicated the City of Dublin was in the final stages of our
planning and he did not want it to be postponed.
Andrea MacKenzie, East Bay Regional Parks District, recognized the
amount of time that had gone into this study and she wanted to thank the
Staff for responding to their letters. She felt the open space should
have a 200 acre minimum size. Connections to regional level open space
should be provided. Transfer of Development Rights receiver sites were
not present in the Specific Plan. Drainage facilities in the Specific
Plan were not protected. She felt Tassajara Creek should be left
natural and not channelized.
Cm. Moffatt asked if she realized Zone 7 maintained Tassajara Creek.
Ms. MacKenzie indicated she realized Zone 7 had control as engineers of
the systems, but that the City was the policymaker.
Marjorie Kollar, 5374 Tassajara, Dublin, indicated she owned an
Equestrian Center on Tassajara Road and she was happy with the plan.
John Anderson, 11174 Brittany Lane, Dublin, indicated controls of
process and execution of process were important. Although the framework
would take' 20 years to build out, change happens constantly. The City
needed to look at indicators. to gauge key impacts such as water,
traffic, and ratio of affordable housing with jobs. The City needed to
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CM - VOL 12 - 29
Adjourned Regular Meeting
January 14, 1993
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review water, solid waste, schools, jobs to housing ratios on a regular
basis to see if the plan was still viable. The planning should be pro-
active rather that reactive.
Interactions should also be examined. There were six major projects
proposed in the Valley. There was a need to look at the development
from a regional point of view.
Finally, there was the "magic modular" side. Go for the revenue
generating land uses first on the Santa Rita properties and properties
fronting on 1-580 rather than having isolated residential areas where
expensive infrastructure was needed.
Cm. Moffatt indicated building would be in phases.
Mayor Snyder stated any development would need to be annexed to the City
and should happen in a logical order. The landowner has to make an
application for annexation.
Cm. Burton explained Livermore was putting in a major shopping center so
that there was only the potential for one or two more major shopping
centers in the Valley. Major retailers performed marketing surveys
before committing to major development.
John Anderson felt that if the area could not get water that is
affordable and long-term, there would be a problem.
Cathy Straus, 7826 Alto Way, Dublin, indicated page 158 of Specific Plan
states that all the area will be annexed at one time. She felt
development should be done on a piecemeal basis. She urged the Council
to relook at Alternative 2 (RDA) instead. She wanted Doolan Canyon to
be a regional park and asked the Council to work with the County and
remove this area from the General Plan. In regard to the Airport Buffer
Zone, she felt development here would open the City to liability over
accidents and noise. She felt the Council should consider a golf course
for this area. As to schools, she did not like the change to the
General Plan language to say the School District use their "best efforts
to get State funds" for building schools. There are no State funds
available and the State would require we use our schools at above 100%
capacity and make the schools convert to year-round schools. She wanted
to prevent assessments on the current residents for new schools. New
development should pay its own way and not make current residents pay
for the needs of new.students being generated from new development. She
felt the rural residential lands should have deed restrictions. She
felt the City should negotiate with Camp Parks to take over the lands
along I-580 above the BART Station rather than allow the County to have
that property. She questioned the basis for the sales tax per capita
and asked what other stores could go in this area that did not already
exist in either Livermore or Pleasanton.
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CM - VOL 12 - 30
January 14, 1993
Adjourned Regular Meeting
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Mr. Ambrose responded that there was interest by Price Club and Home
Club to create a power center.
Ms. straus stated the developers should pay for the short falls in the
early years and it could be negotiated that they would be paid back with
the excess revenues once they materialized. In the Fiscal Analysis on
page 148, it says the special assessment district or the Mello Roos
would be limited to paying only about 25% of the infrastructure costs,
which means that 75% would have to be raised by the developers and paid
in advance.
Ms. Gillarde indicated that the plan sets out a framework and is not
meant to be a detailed financial plan to be followed. There would be
more than just one funding mechanism used.
Ms. straus asked how the City would absorb
She indicated there were only 200 sales in
and there are currently over 300 listings.
rate is necessary to raise the revenues in
services.
a thousand units per year.
the City of Dublin in 1992
Apparently that absorption
order to pay for the
Mayor Snyder indicated that the property on the south end of Camp Parks
had been included in the City's Goals & Objectives last year.
Mr. Ambrose stated that the City Staff held discussions with the Army on
a regular basis regarding issues that involve Camp Parks.
M. Azari, 8664 Bloomington ct., Dublin, stated the City Hall was
beautiful and he felt it was a wonderful idea to keep businesses near
housing. But small is beautiful and he felt there was no reason to grow
too fast. He wanted to encourage businesses to come to Dublin. There
was no downtown. Businesses were closing and leaving. There were no
large parks so he had to go to Castro Valley to walk. People generally
spend money where they play. Bring people to Dublin to play and spend
money. He felt the Council should look at the whole picture one more
time.
George Butler, 8669 Bloomington ct., Dublin, felt the plan was going too
quick. The citizens did not want to grow. He advised the Council to
cool it and think it over.
Carl Aaron, 7888 Ironwood Drive, Dublin, stated Livermore should have
planned sooner. A protection area was needed because ther~ will be
changes in aircraft.
Bobbie Foscalina, 5200 Doolan Rd, Livermore, felt there should be some
growth in the valley, but building should not be in the hilly area, not
beyond Fallon Road. Continguous growth is best, but existing residents
should not have to pay for new infrastructure. The finished product was
important and the existing services, fire and police should not exceed
service capacities with new development.
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CM - VOL 12 - 31
Adjourned Regular Meeting
January 14, 1993
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Carolyn Morgan, 5184 Doolan, Livermore, stated the EIR was flawed. The
traffic mitigation had not been solved. There were no finances for the
traffic problem. She asked from where would new water come and what if
TWA did not come about. She felt the services were going to cost too
much and Doolan Canyon would not pay its own way. There would be
landslides in the hills. The biology report was flawed. A dozen
species of special concern have been found by her consultant. A cutdown
version of the plan was needed. The hills should be left as open space.
She recommended the transfer of development rights away from the
sensitive areas. Tassjara Regional Creek should be for equestrian use
or bicycling. A Contra Costa County Court ruling showed overriding
considerations no longer would be upheld. More time was needed. This
was a self-imposed deadline. The plan has been paid and lead by the
developer. She felt in the long term the plan would not be in the best
interest of the community.
Donna Ogelvie, 5360 Doolan Canyon Rd., Livermore, wanted a rural life
style and that was the reason she moved to Doolan Canyon twenty years
ago. She wanted the plan to go back to the drawing board. The eastern
hills should be left without development and Doolan Canyon should be
left as is. Doolan Canyon should be an example of a balanced place for
domestic animals and wild life.
Bob Harris, a Planning Consultant in Pleasanton, representing the Chang
Su-O Lin property, indicated the grading policies should be revised.
The policy needed to be more flexible.
Mark Evanoff, Greenbelt Alliance, indicated that no one was saying don't
go forward, but he felt the Council should create a plan to protect the
green belt and develop a plan that was financially viable. He felt it
had not been shown that the benefits were worth the mitigating impacts.
The Alameda County CMA plans did not appear in the MTC Plan. There
would not be money in the future. There is $89 million for the Valley,
but it will not be enough to build a four lane Highway 84 and to widen
1-580. The proposed dedications in the EIR did not meet the EBRPD
requirements. The kit fox had not been provided adequate habitat.
Assessment limits nearing limits in EIR. Landowners would need to pay
up front costs. Library services would be unfunded. He urged the
Council to work with the people and come up with a plan of which the
people of Dublin could be proud.
John Chapman, 671 Clipper Hill Rd., Danville, stated six environmental
groups will be pressing a lawsuit on Contra Costa County. He encouraged
a slow planned, careful growth. He urged a scaled down plan to develop
only on the Santa Rita property. The Development should be transit-
oriented with no TWA. The open space should be conserved with the
traffic minimized.
Cm. Moffatt asked if the City Council went forward, would their group
sue us.
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Adjourned Regular Meeting
January 14, 1993
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Mr. Chapman wanted the Council to listen and slow down. The Contra
Costa County Planning Commission recommended slowing down in their area,
but the Supervisors would not listen. He would like to sit down and
plan with the Council for the whole valley because the people did not
want a mega city from Alamo to Livermore. He urged the Council to learn
from our mistakes i.e. Los Angeles.
Cm. Burton stated that traffic was not wanted, but if housing was not
built, it forced people to commute from long distances and created more
traffic and air pollution problems.
Mr. Chapman stated that development should occur near the transit nodes
with growth occurring at a steady rate in compact areas. He indicated
that we had a treasure here with the open spaces of green. Transit
should go from town to town. But when a sprawl develops, transit breaks
down.
Sylvette Phillips, 1760 Sunset Drive, Livermore, lives 9000' east of the
Livermore runway and is a pilot. She felt homes should stay away from
the airport. The noise level does not allow residents to open their
windows. A golf course is a great idea. Parks which allowed walking
and equestrian uses would be another use for the APA.
Dr. Harvey Scudder, 7409 Hansen Drive, Dublin, has been a resident of
Dublin for 25 years. He expressed concerns about the air quality,
traffic, and cumulative impacts. If Tassajara became six lanes, what
would 1-580 have to go to? He felt that it was only going to get
progressively worse.
Mayor Snyder continued the public hearing until 7:30 p.m. on Thursday,
January 21, 1993.
ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 10:42 p.m.
Minutes prepared by Sandie Hart, Secretary.
Mayor
ATTEST:
City Clerk
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Adjourned Regular Meeting
January 14, 1993
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REGULAR MEETING - Februarv 8, 1993
A regular meeting of the City Council of the City of Dublin was held
on Monday, February 8, 1993, in the Council Chambers of the Dublin
civic Center. The meeting was called to order at 7:30 p.m., by Mayor
Snyder.
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ROLL CALL
PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor
Snyder.
ABSENT: None.
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PLEDGE OF ALLEGIANCE (610-20)
Mayor Snyder led the council, Staff and those present in the pledge of
allegiance to the flag.
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INTRODUCTION OF NEW EMPLOYEE (700-10)
Police Chief Rose introduced Alameda County Deputy Sheriff John
Freeman, who is new to the Dublin Police Services. John has been with
the department 12 years and has worked in 3 major divisions. He has 4
years of college, is married and has 3 children.
Deputy Freeman stated it is the highlight of his career to be able to
work in Dublin.
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CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Adjourned Regular Meeting of January 21, 1993 and
Regular Meeting of January 25, 1993;
Adopted
RESOLUTION NO. 23 - 93
ACCEPTING IMPROVEMENTS IN TRACT 5616
(BRIGHTON MEADOWS 600-60)
Approved the completion and submittal of the RTC Notice of Interest
form to permit the placement of the City of Dublin on the RTC's
notification list (430-80);
Authorized an additional appropriation of $23,781 to the Arroyo vista
Playground Equipment project with regard to the CDBG FY 1992-93
program (480-20);
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Regular Meeting
February 8, 1993
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Approved Warrant Register in the amount of $177,891.83 ~(300-40).
Cm. Houston asked that the Police Services Report be pulled from the
Consent Calendar for discussion. He noticed that some of the crimes
were up and asked Chief Rose to address this.
Chief Rose advised that Part I crimes are up 12%. The report just
showed a comparison with 1991-92. In 1988-89 they were up 17% and
then the next year they went down. He couldn't say they are up for
any specific reasons. The numbers are so small that any change makes
a big difference. The specific crimes are across the board.
Cm. Houston stated he noticed that citations were down and questioned
if this was because the officers time are devoted to other more
serious things.
Chief Rose pointed out that calls for service were up 12%. This
involves a lot of time and would mean that something else has to give.
Arrests also went up.
Cm. Burton congratulated the Police force for only having 1 industrial
leave. They also drove many miles without an accident and this is
good.
On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous
vote, the Council received the 1992 Police services calendar year
report (580-60).
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PUBLIC HEARING
NO PARKING ZONE CHANGE ON DUBLIN BOULEVARD NEAR BIG-O TIRES (570-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that the city's Traffic Code
currently contains a 'No Parking Except Saturday' zone on Dublin
Boulevard just east of Village Parkway near the Big-O Tire Store
property and in front of DSRSD's new office building property. This
area lies within the bounds of the Dublin Boulevard widening project
and once this project is constructed, vehicles will not be able to
park in this area. Staff has observed that Saturday parking is rarely
used except by patrons of a pay telephone, which is located on private
property near the property line between Big-O and DSRSD. Eliminating
the on-street Saturday parking should not have much, if any, effect on
phone use.
Cm. Moffatt questioned if people will be able to use the DSRSD parking
lot to use the telephone that is there.
Mr. Thompson stated as a mitigating factor, Staff is arranging with
Pacific Bell for installation of a new pay phone near the west end of
the Dublin Sports Grounds parking lot.. He suspected that people using
the existing telephone already park in one of the two lots.
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Regular Meeting
February 8, 1993
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No members of; the public gav~ testimony relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous
vote, the Council adopted
RESOLUTION NO. 24 - 93
REPEALING "NO PARKING EXCEPT SATURDAY" ZONE AND ESTABLISHING
"NO PARKING AT ANY TIME" ZONE ON
DUBLIN BOULEVARD EASTERLY OF VILLAGE PARKWAY
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HERITAGE CENTER ACQUISITION (670-20 & 600-30)
Recreation Director Lowart presented the Staff Report. In accordance
with a high priority goal established by the City Council, Staff had
pursued the development of purchase agreements with Dublin Cemetery,
Inc., and the Amador Livermore Valley Historical society to acquire
the cemetery and old st. Raymond's Church.
Ms. Lowart advised that in order to determine the presence of
hazardous and/or toxic materials, it is necessary to have an
environmental site assessment performed by a Registered civil
Engineer. Staff prepared an RFP and 4 firms responded. After
reviewing the proposals, Staff determined that BSK & Associates was
best qualified to perform the work. The fee for the preliminary site
assessment is $4,200. In the event that soil and/or groundwater
samples are warranted, the work will be computed on a time and
material basis. If the cost for these additional services exceeds 25%
of the original contract amount, city Council approval will be
required.
Because the acquisition of the Dublin Cemetery and the Old st.
Raymond's Church is being funded by a grant through the Regional
wildlife, Open Space, Shoreline and Parks Bond - Local Grant Program
administered by the East Bay Regional Park District, the city must
submit Preliminary Title Reports, Appraisals and Purchase Agreements
to EBRPD for approval prior to the opening of escrow.
Ms. Lowart advised that the Dublin Historical Preservation Association
has signed a statement donating the Schoolhouse to the City of Dublin.
They have, however, expressed a desire to enter into a lease with the
city so that they can continue to operate the- museum and utilize the
building for storage and activities. Because the renovation of the
Schoolhouse is being funded through the EBRPD grant, however, it may
not be possible to enter into a lease at this time. If the Council
wishes to consider a lease, Staff will need to pursue the matter
further with EBRPD.
Ms. Lowart stated it was hoped that escrow would close by March 30th.
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CM - VOL 12 - 56
Regular Meeting
February 8, 1993
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Cm. Bu~ton questioned lf the Council gave direction to proceed if
there was anything other than the soil testing and getting approval
from EBRPD that would hold things up, if they don't include the lease.
Ms. Lowart stated the only other thing they may be looking for would
be an appraisal of the property for the cemetery since we are only
purchasing it for $1. We will be requesting that they waive the
appraisal for that piece of property.
Cm. Moffatt questioned if whether or not the DHPA is a non-profit
corporation would enter into this discussion. He believes this is a
voluntary organization that we would like to have continue to support
the activities at the museum.
Ms. Lowart stated the donation is contingent upon entering into some
discussions regarding a lease at a later date. The actions are pretty
cut and dry. The next step would be the renovation and we would not
be able to move forward on renovation of the schoolhouse until we get
approval from the EBRPD.
Cm. Burton felt we should not project the lease into the picture at
this time.
Ms. Lowart suggested that the Council go forward with approval of
Exhibits 1, 2 and 3 and then go back to the DHPA and see if they will
still donate it without a lease at this time.
Cm. Burton stated the way he read it, they are saying it is not
contingent at this time on having a lease. It is not a condition of
the gift.
city
DHPA
it.
like
Attorney Silver stated one of the attachments indicates that the
will donate the schoolhouse and the City Council needs to accept
It appears that they are still in favor of donating it but would
to discuss the lease with the City.
City Manager Ambrose stated it should be made clear to the DHPA that
there is not a certainty that the city will lease it back to them.
Cm. Burton stated they just want to have something to do with the
operation of it.
Mr. Ambrose felt the question is do they feel strongly enough about
this.
Cm. Burton felt that the City should purchase it all and then talk
about how to run it.
Ms. Lowart suggested that Staff notify the DHPA of the action and then
if they come back and say they want to discuss it before it goes
forward, Staff would come back to the Council for direction.
Cm. Moffatt stated he felt their direction seems clear from reading
the minutes.
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CM - VOL 12 - 57
Regular Meeting
February 8, 1993
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Cm. Burton clarified that the City is accepting ~the buildings wtth no
strings attached. .
steve Lockhart commented that the city council is going in the right
direction.
Mayor Snyder felt it should be pointed out that this will cost the
city money on an ongoing basis in the future.
On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous
vote, the Council approved the agreements and authorized the Mayor to
execute same.
* * * *
STATE BUDGET IMPACT ON CITY'S 1993-94 BUDGET (330-20)
city Manager Ambrose advised that a report had been prepared as a
result of Governor wilson's anticipated and proposed State Budget for
Fiscal Year 1993-94. The City of Dublin may be faced with a budget
shortfall in FY 1993-94 in excess of $1 million. To prepare for the
possibility of this shortfall, Mr. Ambrose stated the City has three
fundamental alternatives or combination of alternatives which it can
pursue. These include: 1) Reduce operating costs/Services; 2)
Increase Revenues; 3) utilize General Fund Reserves.
Mr. Ambrose stated that given the state of the National, state and
local economy and the fact that the cities are last in the
governmental pecking order, the city should anticipate that its
ability to finance municipal services will continually be eroded
unless it takes a proactive posture in determining which services it
will provide, resists further State intrusion into local government
issues/finances, and develops revenue sources which are tamperproof.
Mr. Ambrose summarized that Staff was requesting policy input from the
city council in order to prepare the 1993-94 Preliminary Budget. In
the event that service reductions are implemented, this will provide
employees with longer lead time to seek other employment.
A "Budget Decision Making Worksheet" was provided to each member of
the city council.
Mayor Snyder pointed out that a Goals & Objectives meeting is
scheduled for February 17th, but it may be necessary to hold this
meeting sometime in March instead. At this time,the council is
trying to determine what will be best for the community. He
personally felt that what comes down from the State will be even worse
than what is projected at this time.
Cm. Burton commented that all the fun is being taken out of being a
Councilmember. He was concerned about the morale of Staff. He was
hoping that the Governor's Budget would go the other direction and
instead of them taking more money from us they would take less.
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CM - VOL 12 - 58
Regular Meeting
February 8, 1993
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Mr. Ambrose stated since 1978, property tax money has not been our
money. The authority for deciding who gets what was turned over to
the state. Property tax revenues is not paying for anywhere near the
services which the City provides. The special ~9 sales tax is
supposed to end this year. If cities are successful in keeping this
in place, this would soften the blow. It would not eliminate it, but
it would be softened. This would put us only about $400,000 in the
hole.
Cm. Burton asked if we were working on this.
Mr. Ambrose advised that the League of California cities is certainly
proceeding with this.
Cm. Burton discussed the possibility of breaking up the reserve funds
to each account. He asked if it could be put into a specialized fund
and then drawn out.
Mr. Ambrose responded that it depends on the fund. We could call our
entire reserve an insurance fund.
Cm. Burton stated he was concerned about whether it would get locked
away. He was more inclined to cut costs and reduce services and
opposed to trying to do something tricky. From the standpoint of the
public, if they don't feel it, it will be hard to convince them.
Cm. Houston stated with regard to specialized funds, he felt the way
we are doing it is the best way. He asked if there were some prudent
funds such as insurance or workers' compensation that other cities
have and we don't that we should budget for.
Mr. Ambrose stated Staff could look at this. Because we have such a
small number of City employees, we have first dollar workers'
compensation insurance. Some cities self-insure. We are partially
self-insured for DRFA.
Cm. Burton stated if it were necessary to reduce costs/services, this
would mean 4 or 5 people from the General Government area. He would
prefer to leave public safety open as he did not know the contract
requirements and when they expire.
Mr. Ambrose stated the Council could make adjustments either up or
down. We tell them the contract we want.
Cm. Burton stated $98,000 could be cut from Transportation, $556,000
from Culture & Leisure Services (library and parks) and $175,000 from
Community Development. He favored a modified across the board cut.
Cm. Burton made a motion, which was seconded by Cm. Houston to take
the total amount from Cost/Service Reductions. Cm. Burton then agreed
rather than the total amount it could be a majority of the reductions.
In discussing revenues, Cm. Burton felt the City does a lot of things
that people don't know the value of. We should start charging for
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CM - VOL 12 - 59
Regular Meeting
February 8, 1993
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services and programs so they have the optio~of either payi~g to
participate~ or not having them.
The Council discussed looking at increasing some revenues. A Fire
Service fee should be reviewed. This would be an assessment.
Cm. Moffatt questioned if this would have to go to a vote.
Mr. Ambrose stated different options were presented to the Council in
November. The San Ramon Valley Fire Protection District and Contra
Costa County are in the process of going through a public review of
such a fee. This would be an across the board assessment. Also, this
community has been paying more for ambulance service. Reference was
made to a contract that was entered into by DSRSD for ambulance
service prior to the DRFA JPA being formed by Dublin and San Ramon.
The agreement basically penalizes Dublin residents.
Cm. Burton questioned why it had gone on for this long.
Mr. Ambrose stated it is a mUlti-jurisdictional issue.
prime contractor. Presently we have 2 ambulance units.
available to respond to fires.
We are not the
They are also
Ms. Silver
services.
election.
provisions
DRFA Board
stated an assessment can be levied for fire suppression
If there is a protest of 5% then it has to go to an
The City can levy an assessment in accordance with
in the Government Code. Either the City Councilor the
can enact this.
Cm. Moffatt asked if it would require a 2/3 vote, or just a majority.
Ms. Silver stated she would have to check on this, but she thought it
would be a majority.
Cm. Houston clarified that if 5% of the people don't complain then we
can enact it. He strongly opposed this. He was not in favor of any
amount of assessments without going to a vote of the people.
Cm. Burton stated he agreed in principle.
All Councilmembers agreed that Staff should be looking at ways to
increase revenue.
Cm. Moffatt felt that qualified use of reserves would be appropriate
in a restricted way. Use it to better the cash flow of the city's
revenues.
Cm. Houston stated he had prepared an argument for using reserves to
pay the debt on the civic Center. We owe $1.7 million and income on
reserves is currently about $800,000, or a little less. In his
business, this would be considered a negative cashflow. We can't pay
off the bond without penalty until 1999. We should budget reserves
and put them away in a 6 year instrument to payoff the debt in 1999.
Downroad, the cashflow for the city will see a dramatic increase. He
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CM - VOL 12 - 60
Regular Meeting
February 8, 1993
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felt this was worthy of some strong! consideration. ;Future city
councils would then not have this problem.
Cm. Burton stated he agreed.
Mr. Ambrose stated he also agreed, but there are some things Cm.
Houston is not aware of. This is more of a long term item.
Cm. Houston stated he felt the $15 million investment amount is an
inflated figure.
Mr. Ambrose stated what he was hearing was, "do not use reserves to
address any part of this years' shortfall".
Cm. Moffatt stated he would not be opposed to using a portion of it,
say 25%, if we get into a bind.
Cm. Houston felt if we have to use some reserves for infrastructure or
road repair, this would be a wise use. We can't let the roads go. We
can't be penny wise and pound poor.
Cm. Moffatt stated if Dublin stays static, we have to use these
figures. However, he felt we are developing a little and the numbers
are going to get bigger.
Cm. Burton stated if we payoff the debt, we will only have about $3.5
million to play with.
Mayor Snyder pointed out that we are only looking for next years'
budget and we have gas tax funds for street maintenance.
Mr. Ambrose stated gas tax dollars do not cover the total cost of
maintaining our streets.
Four members of the Council said no to short term use of reserves.
with regard to revenue, Cm. Moffatt stated he would not be opposed to
using office space in the civic Center on a rental basis. We could
put this on to future income. He envisioned some type of a rebate in
the rent for tenant improvements. They would pay up front and then it
could be amortized.
Cm. Houston clarified that if they put in the improvements then we
would reduce the rent. with regard to an assessment district for
library services, he felt this would have to be by a vote of the
people. This would be $165,000.
Mayor Snyder stated the extra hours of library service was a gift to
the people by the city.
Cm. Houston stated if we cut it, we should give people a choice.
Mayor Snyder stated this is one of the hard decisions that the City
Council is here for. The library situation is not a tax.
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CM - VOL 12 - 61
Regular Meeting
February 8, 1993
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cm.~Burton stated with parks, we should make it known that we don't
have the money to keep them the way they are. People should be given
a chance to say if they want to pay to keep them.
Mr. Ambrose stated there may be other alternatives for the Council to
look at, such as a Citywide assessment district.
Cm. Houston stated he had no problem with having people pay for
services, but he did have a problem with adding taxes.
Cm. Burton stated 4 easily identifiable services that could be put to
the people would be parks, library, police and fire services. Either
services will be cut or an assessment would be required for it to stay
at the same level. He questioned if the state could get to assessment
district funding.
Mr. Ambrose stated he did not think so.
Cm. Moffatt stated he felt we should try to get the revenue up as much
as we can. He was interested in reviewing all the things on the list.
Some are short and some are long term. Costs versus revenues of the
recreation classes were discussed.
Cm. Burton stated what it boils down to is that we have to find $1
million.
Cm. Houston stated he felt the list prepared in November was a good
place to start, keeping in mind that no item is too small.
A majority of the Council agreed to use a modified across the board
cut with some level of enhanced revenue.
Cm. Burton made a motion, which was seconded by Cm. Houston to take
the full amount from Cost/Service Reductions, not modified across the
board cuts. Cm. Houston later withdrew his second to this motion.
Mayor Snyder felt we should go 50/50, because the community needs to
understand that services need to be paid for.
On motion of Cm. Houston, seconded by Cm. Moffatt, and by majority
vote, the Council agreed to a 50/50 split between cost/Service
Reductions and Increase Revenues in order to see what possibilities
exist. Cm. Burton voted against this motion.
staff was directed to look at all the revenue category areas on the
worksheet, which included: Fees for Service; Policy Changes;
Assessments; Use of City Assets; Taxes; Collection Service; and New
Enterprise Activity.
The Council did a page-by-page review of Exhibit E and identified the
following potential cuts:
1010-City Council cut $7,500 (Dublin Pride Week-$2,500, Dublin
Substance Abuse Program-$4,500, & st. Patrick's Day Event-$500);
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CM - VOL 12 - 62
Regular Meeting
February 8, 1993
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1020-City Manager/Clerk cut $3,550 (City Newsp-etter);
2020-School Crossing Guards cut $35,346 (this should be the school's
responsibility);
2030-Animal Control cut $26,230 (eliminate pro-active service);
2060-Fire Service cut $2,055 (fire employee recognition);
3020-street Maintenance cut $35,697 (10% reduction across the board);
3040-Street Tree Maintenance cut $14,650 (tree brush cutting/privately
owned trees in City right-of-way) and cut $2,190 (10% of remaining 3
items);
3050-Street Landscape Maintenance cut $3,700 (San Ramon Road Banner -
if people want to place banners there, they will have to pay the
entire cost) and cut $7,943 (10% from leaf clean-up, paver stone
maintenance, landscape turf maintenance, bedding maintenance/weeding,
and traffic control for events);
3060-Paratransit Service cut $1,500;
8012-Heritage Center cut $20,855 (1/2 of the amount as we will be
counting on use of volunteers);
8020-Park Maintenance cut $35,600 (park fountain maintenance -
although there may be costs to mothball the pumps), and cut $4,312
(10% of remaining park maintenance services);
8030-Community Cable Television cut $40,000 (from CTV contribution);
8040-Recreation Administration (negotiate with School District to
recover costs for school facility scheduling);
8090-Leisure Enrichment (look at increasing City's percentage on
classes) ;
8100-Aquatics (look at increasing revenue on specialty aquatics
programs); cut $5,025 (pool rentals);
9030-Engineering cut $16,000 (50% of traffic studies requested by City
Council/citizens).
The Council then reviewed the Exhibit D list. Cm. Houston felt we
should keep police and fire budgets because the primary function of
government is to keep the people safe. We should maintain the level
of service in public safety and look at all other departments for the
necessary quarter million dollars to cut. He felt that culture and
leisure services are secondary to some of the other services we need
to provide. Library and aquatics services represent over $300,000.
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eM - VOL 12 - 63
Regular Meeting
February ~, 1993
f
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Cm. Burton suggestetl that the Council let the city Manager see what he
can do within the parameters given.
~?
* * * *
OTHER BUSINESS
Goals & Obiectives (100-80)
The City Council rescheduled the Goals & Objectives study Session
meeting to Tuesday, March 23, 1993, 7:30 p.m., in the Council
Chambers.
* * * *
CTV Channel 30 Event (1050-50)
Darla Stevens with CTV 30 advised that the City Council is invited to
attend a live call-in show being produced on Tuesday, March 2, 1993 at
th~ir studio in Pleasanton at 4750 First Street (@ Bernal Avenue).
The City council indicated they would participate and Mayor Snyder
stated the City Clerk should prepare a notice advising the public of
this meeting.
* * * *
CLOSED SESSION
At 11:20 p.m., the Council recessed to a closed executive session to
discuss Potential Litigation (640-30), in accordance with Government
Code section 54956.9(c).
* * * *
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 11:35 p.m.
* * * *
Mayor
ATTEST:
City Clerk
* * * *
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eM - VOL 12 - 64
Regular Meeting
February 8, 1993