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HomeMy WebLinkAbout01-14-1991 Adopted CC MinutesREGULAR MEETING - January 14, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, January 14, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ~ ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEE Public Works Director Thompson introduced Dublin's new Senior Civil Engineer, Mehran Sepehri who began his employment with the City of Dublin on January 7, 1991. Mehran comes to Dublin most recently from San Clemente. * * * PROCLAMATION - NORB HUDAK (610-50) Mayor Snyder presented a proclamation and pen to Norb Hudak honoring him for his service on the Park & Recreation Commission from May, 1986 to November, 1990. Mr. Hudak stated he appreciated this and thanked the City Council as a whole for pretty much doing what was suggested by the Park & Recreation Commission during the past few years. He also thanked the 2 new Councilmembers for asking him to be their representative, but felt it was time to move on. He also thanked Diane Lowart for all the Staff support. * * * PROCLAMATION - CARL SPRINGER (610-50) Planning Director Tong advised that the proclamation prepared for Carl Springer in recognition of his service on the Planning Commission will need to be presented at a future date. INTRODUCTION OF NEW PARK.& RECREATION COMMISSIONER (920-70) Cm. Burton introduced his appointment to the Park & Recreation Commission, Randy Cahn. He has a lot of experience and background in this area. He graduated from San Diego State with a physical CM - VOL 10 - i Regular Meeting January 14, 1991 education degree. He is a teacher at California High School in San Ramon. He was a candidate for the DSRSD Board back when they handled parks in Dublin. Mr. Cahn stated he was looking forward to serving and making a positive contribution to the community. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Workshop Study Session of December 6, 1990; Approved Minutes of Regular Meeting of December 10, 1990; (Mayor Snyder requested that Staff review the tape with regard to comments made about working parents statistics by Ms. Miriam Miller, Director of RFD on page 355); Approved Minutes of Adjourned Regular Meeting of December 18, 1990; Approved the City's continued participation in the NORCAL Employment Relations Consortium and authorized the City Manager to execute the Agreement (600-30); Adopted RESOLUTION NO. i - 91 REJECTING ALL BIDS RECEIVED FOR CONTRACT 90-10 PEDESTRIAN SIGNAL HANDICAP MODIFICATIONS (600-30) and. authorized Staff to modify the scope of the project and re- advertise the project for bids; Adopted Adopted RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH ALAMEDA COUNTY FOR PROVISION OF TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES (600-40) RESOLUTION NO. 3 - 91 APPROVING THE APPOINTMENT OF MEMBERS TO THE INTEGRATED WASTE MANAGEMENT LOCAL TASK FORCE (810-10) Accepted the City Treasurer's Investment Report for period ending December 31, 1990 (320-30); and Approved Warrant Register in the amount of $1,689,403.29. CM - VOL 10 - Z Regular Meeting January 14, 1991 Cm. Moffatt requested that the item related to the purchase of a used car for Police Services be pulled from the consent calendar for discussion. Since Hertz did not include sales tax in their bid, Cm. Moffatt stated he would rather see the bid go to Shamrock Ford. Mr. Ambrose advised that the tax was shown for both bids, so the total price quoted by Shamrock Ford was substantially more, or about $1,200 more. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council awarded the bid for police vehicle (used 1990 Ford Thunderbird) to Hertz Corporation ($12,735.94) and authorized Staff to issue a purchase order (350-20); Cm. Burton requested that the item related to out of state travel to the National League of Cities Conference be pulled from the consent calendar for discussion. Cm. Burton expressed concern in that $2,900 is a lot of money and he found it difficult to relate benefits directly to Dublin. Cm. Jeffery stated she chairs the .California League of Cities Revenue & Taxation Committee. She also represents California, as well as Dublin, on the National Committee. They create the policies which are recommended to the Board. With regard to the savings & loan issue and possibility of having properties in Dublin taken over, the Resolution Trust Corporation develops policies on how these will be handled. She advised that we have some properties in the City of Dublin that are affected. The RTC will administer the bail out of the savings & loans. In addition, they are working now with the problems with the banks and the nUmber of failures across the nation. They also make recommendations regarding the funding that the Federal Government gives to local agencies. Cm. Moffatt stated he would like to go and see what the national scene is all about, plus to talk to the postal service about getting a Post Office for Dublin and to talk to some of the folks in the military to see what can be done about the derelict buildings at Camp Parks. Cm. Burton asked Cm. Moffatt if he felt he can make a change. There are people in the postal service here that he could talk with. Cm. Moffatt stated he felt it was good to try new avenues of approach and that whatever money you expend to better your situation, it is worth it. Cm. Burton stated he was concerned that the State is over budget, and this seems to be an extravagance that the City cannot afford. Mayor Snyder stated he felt there needed to be some kind of instructions that go along and precursory work done. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by majority vote, the Council authorized Cm. Jeffery and Cm. Moffatt to attend the National League of Cities 1991 Congressional City Conference in CM - VOL 10 - 3 Regular Meeting January 14, 1991 Washington, D.C., on March 8-12, 1991 (140-30). Cm. Burton questioned if the motion included both Cm. Jeffery and Cm. Moffatt. When advised that the motion included both, Cm. Burton voted no on the motion, stating he would vote for only Cm. Jeffery to attend. Cm. Howard requested that a report be prepared and provided when they return. COMMITTEE FOR WATER POLICY CONSENSUS - REQUEST FOR FUNDING (1000-80) Assistant to the City Manager Texeira advised that the Committee for Water. Policy consensus is requesting support from all communities within the 12 county Bay-Delta region. Funds collected will be used to support continuing efforts to promote economically sound and environmentally safe solutions to water problems. Dublin's requested contribution of $150 is based on population. Mayor Snyder advised that he is a member of the Regional Water Quality Control Board and they have yet to see anyone from this group come before them. Cm. Burton stated they obviously don't have much money. Their total budget is probably not enough to make a lot of contacts. Ms. Texeira advised that one of their main focus areas is as a lobby group. Cm. Jeffery advised that last year, they were working on a statewide issue of protecting our water from going down south. Mayor Snyder stated they would not necessarily come before the board for the north/south issue, but this board deals with millions of issues. Cm. Burton made a motion which was seconded by Cm. Jeffery to contribute $150 to the Committee for Water Policy Consensus and to authorize a budget transfer from the Contingent Reserve. The motion failed due to NO votes cast by Cm.'s Howard, Jeffery, Moffatt and Mayor Snyder. UPDATE ON 1-680 SOUNDWALLS (800-30) Public Works Director Thompson provided a written informational report related to soundwall construction along 1-680. According to a letter received from Ken Terpstra of CalTrans, soundwalls will be built along both sides of the freeway from Amador Valley Boulevard to the northerly City Limits at Alcosta Boulevard and range in height from 8' to 14' depending on location. Some staking and clearing has already begun. Hanley Fong and Jeet Aulakh from CalTrans made a presentation and updated the Council on the status of the project. Mr. Fong advised CM - VOL 10 - 4 Regular Meeting january 14, 1991 that they should be completed in March with the clearing and then the wall construction will start about 2 weeks later. Mr. Fong advised that the new wall will be compatible with Dublin's existing wall, but may not be exactly the same. Even though it won't match, it will be compatible. The wall will be different on both sides. With regard to the injunction on the widening, Mr. Fong stated that to his knowledge, there is no affect on this project due to the fact that it is already under construction, and no one has said this wall should not be built at this time. It is, however, part of the widening project, and the widening~project was named. The Council advised that they were happy to see CalTrans moving along on this project. Cm. Howard questioned the location of the commuter lane, and also whose idea this was. Mr. Fong advised that the commuter lane will be inside from Alcosta north and south. At the public hearing, everyone was in favor of going ahead with the commuter lane. The Federal Government required that it be considered. Mayor Snyder asked if the commuter lanes would have specific hoUrs of use. Mr. Fong apologized that he did not have the specifics with him and was not prepared to discuss the actual times related to this. Lee North, an Allegheny Drive resident, advised that he contacted CalTrans in December and someone came out to his house. He was told that they did not plan to go south of Amador Valley Boulevard with the soundwall. The reasons given were because of the industrial buildings. They measured sound from his backyard and got a 61 db reading. The break even point, he was told, was about 65 db. He measured it himself during rush hour and the average was 72 db. Based on this, he has submitted a petition to CalTrans requesting that the wall go south from Amador Valley Boulevard because the height of the freeway allows the sound to come over and skip about a block and come into the neighborhood areas. There are people along Allegheny Drive that do not agree with CalTrans decision to stop at Amador Valley Boulevard. Mr. Aulakh advised that they will be consider: will take another look to see if a wall is ne( Cm. Burton questioned if there would be a fly- going east. He understood years ago that thi~ widened. Mr. Aulakh advised that the southbound direct: widened. CM - VOL 10 - 5 Regular Meeting cng the noise factor and :essary. -over at 1-580/I-680 would need to be on would need to be January 14, 1991 Cm. Burton indicated that they certainly wouldn't be putting in a wall until all this was resolved. Pat COstello questioned if there was an actual drawing on the 1-580/ 1-680 corridor, and if so, he indicated he would like to have a copy of the drawings. Mr. Fong advised that they held a public meeting on August 1st and drawings were presented. They have none to release, but advised Mr. Costello that he could come to their office and review the documents. They are not final and approved yet. No'further questions or comments were made and no Council action was required. PUBLIC HEARING - APPEAL - CHRYSLER REALTY CORPORATION CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT PA 90-074 (450-50) Mayor Snyder opened the public hearing. Associate Planner Carol Cirelli presented the Staff Report and advised that the Applicant, Chrysler RealtY Corporation, has appealed the Planning Commission action taken on November 19, 1990, which approved their Conditional Use Permit request to operate an auto sales and~ service facility for a period of one year. The Applicant is requesting a ten year time limit on the use permit. Ms. Cirelli explained that a one year use permit was approved because 1) the construction schedule of the Dublin Boulevard Extension project accommodates a one year use of the proposed project site; and 2) the Applicant is not proposing any major site improvements such as an addition to the existing building. The proposed construction of the Dublin Boulevard extension project will have a severe impact on the use of the proposed project site in that a majority of the existing building would need to be demolished when the extension is constructed. The portion of the project site designated within the adopted right-of-way for the Dublin Boulevard extension is tentatively scheduled to be acquired by the City in the latter part of this fiscal year. The Conditional Use Permit approval will not affect or preclude the acquisition of the property for the Dublin Boulevard extension. Ms. Cirelli pointed out that in conjunction with PA 90-066 (Chevron CUP/SDR), the Planning Commission is recommending that the Council initiate a General Plan Amendment and Specific Plan Study for the Scarlett Court area. Cm. Burton asked if there was a possibility of reducing the requirement for landscaping the driveway. Since this is now a vacant lot, he thought just the fact that it would get used Would be a plus for Dublin. He alSo questioned if there was a way of renewing the CM - VOL 10 - 6 Regular Meeting · January 14, 1991 . permit if we don't get started with the Dublin Boulevard extension for several years. This has already been talked about for 3 years. Mr. Tong advised that the Conditions of Approval require it to just be brought up to minimum standards. We are not asking for anything additional. Mr. Ambrose advised that Dublin Boulevard is presently being designed by Wilsey & Ham, and funds have been identified in this years budget to buy right-of-way. In addition, we should be receiving funds from BART through the settlement agreement. The City can take possession right away. It is just a matter of litigating the price. Tom Sholes, representing Chrysler, questioned when the condemnation will ~take place. A short time span would not give them the time to attract a tenant in order to get a return on their investment. Cm. Moffatt asked if a longer period of time were to be agreed upon, would they be willing to move their tenant. It appears that the road will be going forward within the next year. Mr. Sholes advised that they only lease the property, they do not own it. This question would have to be discussed with the property owner. Cm. Burton asked what they would do if the road plan came along and cut the building in half. John Moore, Jay Patrick Land Company, advised that they own the property to the north, commonly known as the Bridges property. They have been working with the City for the last 3 years to get a road installed in order to improve their property. Mr. Moore gave a brief history of the vicinity, and advised that a lot of things have changed in the last 3 or 4 years. They desire to develop their property in concert with the roadway going through. He requested that the City Council not do anything that would jeoPardize the timing of the road. Ms. Silver stated that an action by the Council granting a CUP does not preclude the City from acquiring the property. If necessary, the City has the power to condemn the property. The City must deposit an amount of money it feels is fair market value for the property. John CorallO, owner of Valley BOat House, stated he has been living under the threat of this for several years. He reminded the Council that they have struggled with this problem for a number of years. No formal measure has transpired, but for all intent and purpose, most of his property will be eliminated. What will remain fits their needs extremely well. They are interested in maintaining their use on both pieces of property. He expressed pleasure in that the City gets their roadway and he gets his, and everyone is happy. Cm. Burton expressed concern if the City Council gives them this conditional use and then goes ahead and acquires the property, the City then becomes a lessor. He questioned if there was any possibility that this could hold things up. CM - VOL 10 - 7 Regular Meeting 'January 14, 1991 Ms. Silver explained that the City has the power to grant the appeal or not at this time. If the City buys the property, it could lease it back. The City could lease it out for a period of time, but it ultimately has to be used for the purpose for which it was condemned, or in this case, for roadway purposes. The City can be a landlord. Mayor Snyder closed the public hearing. Cm. Moffatt felt they couldn't use it if they get just a one year time. He felt that if the one year were granted, it would delay any roads. Mayor Snyder pointed out that Ms. Silver just explained that this won't delay anything. Cm. Moffatt questioned if the City would have to buy out the tenants. Ms. Silver advised that if there is a lease, the City must condemn both the interest of the landowner and the lessee. Mr. Ambrose advised that the design stage should be dOne by April. Cm. Burton requested that Staff be as condescending as possible in helping them get into business. On motion of Cm. Jeffery, seconded by Cm. Burton, and bY majority vote, the Council adopted RESOLUTION NO. 4 - 91 UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING PA 90-074 CHRYSLER REALTY CORPORATION AUTO SALES AND SERVICE CONDITIONAL USE PERMIT @ 6451 SCARLETT COURT (FOR ONE YEAR) Cm. Moffatt voted NO on this motion. Mayor Snyder asked if the Applicant would actually try to put anything together for this site for only 12 months. no" Mr. Sholes responded, "automotive-wise, . PUBLIC HEARING - APPEAL-CHEVRON CONDITIONAL USE PERMIT/ SITE DEVELOPMENT REVIEW AT 5933 DOUGHERTY ROAD PA 90-066 (450-50) Mayor Snyder opened the public hearing. Associate Planner Cirelli presented the Staff Report and explained that the Applicant,.Chevron, has appealed the Planning Commission action taken on November 19, 1990 denying the Conditional Use Permit/Site Development Review request to construct and operate a gasoline service station, food mart and car wash facility; and recommending that the City Council initiate a General Plan Amendment CM - VOL 10 - 8 Regular Meeting January 14, 1991 and Specific Plan study for the Scarlett Court area. The Applicant is requesting City Council approval of their CUP/SDR request. Ms. Cirelli advised that the Planning Commission denied the project based on the inability to make affirmative findings relative to the service station as a conditional use within a C-2, General Commercial District zone. The finding that the project is not consistent with the General Plan land use designation for the site may also apply to other uses currently operating in the vicinity of Scarlett Court and existing land uses and property boundaries may change in the Scarlett Court area as the City acquires, or receives as dedication, property which is located within the adopted right-of-way alignment for the Dublin Boulevard extension project. Ms. Cirelli advised that Staff was presenting two options for Council consideration. The first option would be for the Council to uphold the Planning Commission action denying without prejudice the CUP/SDR request and to initiate a General Plan Amendment and SPecific Plan Study, and to further direct Staff to prepare a more detailed Staff Report identifying specific land use and study area boundary options. This report would be brought back to the Council for review and approval. The second option is for the Council to provide.direction to Staff determining that a service station is in conformance with the General Plan land use designation and continue the CUP/SDR request in order to provide Staff and the Applicant adequate time to complete the application process. Harvey Levine, an Attorney with the law firm representing Chevron advised that they first came to the City several years ago and made an application for a service station on this site. They feel this is an excellent site for a self-service station with a free car wash and a small snack center. Mr. Levine provided a hand-out and advised of the reasons why they like this site. They do not object to a General Plan study, but they don't want their project to be delayed during this study. The Dublin Boulevard extension was discussed. The right-of- way line barely takes an edge of their property. They understand the importance of the roadway going through and they will offer this piece of property and accept the fact that they will be required to dedicate it. They want the property to be as pretty a service station as possible because it is at an entrance to the .City. The City deserves to begin getting the sales tax from this use as soon as possible, and Mr. Levine requested that the project be approved. Cm. Burton questioned if he understood correctly that they would dedicate the corner piece of land at no charge. Mr. Levine responded yes. Cm. Burton questioned who would pay for the relocation of the curb. CM - VOL 10 - 9 Regular Meeting January 14, 1991 Mr. Levine indicated he was sure they would be willing to discuss this. He also pointed out that the car wash will have a complete recycling of the water. Cm. Howard asked for clarification regarding how the cars would go through the car wash and if the cars coming out would have to go north. Mr. Levine advised that this site is about 1 acre which is larger than most gas station sites. It was determined, after discussion, that cars could turn either north or south when exiting the site. Cm. Moffatt questioned the time line. Mr. Levine advised that if they got the permit tonight, actual construction time is approximately 60 days. John Moore, Jay Patrick Land Company, advised that he was not present to speak for or against the project, but if the Council approves the plan, he requested an opportunity to work with Staff and with Chevron with regard to project landscaping and elevations that lead to his property. He hoped to develop a unified look. If a General Plan study of the area is directed, he requested that it be done as expeditiously as possible. He hoped that this will not cause delays. John Corallo, Valley Boat'House, advised that he is their nearest neighbor. Chevron seems to be extremely cooperative and he felt they have the best interest of the community in mind. He felt the project should proceed as rapidly as possible. Pat Costello advised that even though he is neutral on this, he felt it was to everyone's interest to move on this quickly. Mayor Snyder closed the public hearing. Cm. Moffatt stated with'regard to safety concerns, he felt that service stations are a lot safer than they used to be. Mr. Ambrose pointed out that we have had several spills at this intersection which caused problems for motorists. Mr. Tong advised that in the General Plan, there are 4 land use designations under commercial/industrial. Staff felt that a service station would not be one of the allowed uses. Cm. Moffatt pointed out that this intersection will be one of the most heavily travelled in the City. Ms. Cirelli advised that an initial review had been done and it was determined that this use would not add substantially to the traffic levels. CM - VOL 10 - 10 Regular Meeting January 14, 1991 Cm. Burton stated he felt the COuncil should take a position that the gas station is acceptable in this location. He felt it could be a worthwhile project and a good use for this corner. Cm. Jeffery felt there had been enough questions raised that would warrant going through a specific study of this area. This is an important area and we should take the time to do it right. If the property is valuable now, it will be valuable after a study. She felt there were some real infrastructure problems there. Mr. Tong advised that Staff could outline the various land use options, as well as issues and options and bring it back to the Council within a month for additional Council direction. With regard to the General Plan study, Staff should be able to complete it within 9-12 months. If a specific plan were included, it would double the amount of detail. Mayor Snyder stated he was against a study of this area. Since the City has no means of accumulating all the parcels, there is too much speculation involved to allow the property to sit fallow. Cm. Burton felt that service stations are an interim land use. The situation could change down road and there could be another need. He indicated he hated to get into study after study. He would rather see it put in and going. The San Ramon Road Specific Plan was discussed. This situation was unfortUnate in that we couldn't get property owners to cooperate with one another. Mayor Snyder felt that since we do not have a redevelopment agency, we have no means of dealing with a specific plan study. Cm. Jeffery made a motion which was seconded by Cm. Howard to adopt a resolution upholding the Planning Commission's action denying the CUP/SDR and to initiate a General Plan Amendment and Specific Plan Study for the Scarlett Court area. This motion died due to NO votes cast by Cm. Burton, Cm. Moffatt and Mayor Snyder. On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council agreed to allow the conditional use, and continued the item so that Staff can work with the Applicant to finish the processes, with the item to then be brought back to the Council for action. Cm. Howard and Cm. Jeffery voted NO On thiS motion. PUBLIC HEARING GARBAGE RATE INCREASE (810-30) Mayor Snyder opened the public hearing. Assistant City Manager Rankin advised that the City of Dublin participates, along with other agencies serviced by Oakland Scavenger Company, to jointly review rate applications proposed by the Company. CM - VOL 10 - 11 Regular Meeting January 14, 1991 This hearing was scheduled to consider the adoption of a revised rate schedule for garbage collection under the City's Franchise Agreement with OSC. Mr. Rankin advised that Section 3.1 of the Franchise Agreement ". The collection rates shall be no less than the provides that, . . Company's fully allocated costs of providing Collection and disposal services and facilities required by this agreement, plus a reasonable return on investment." Mr. Rankin discussed the 1991 OSC Rate Application and the increased costs experienced by OSC as a result of 1) settlement of a civil rights lawsuit; 2) dumping fees; 3) earthquake costs; and 4) collection wages & salaries. Mr. Rankin also discussed the impact of increased tipping fees on garbage rates. The City of Dublin has initiated a legal action to determine the validity of Measure D and projected tipping fees were shown in the Staff Report both including and excluding Measure D. The JRRRC has recommended a 30% rate increase effective January 1, 1991. This increase included the estimated cost of imposing the Measure D surcharge and estimated increases to be levied by the ACWMA. OSC requested a 16% increase excluding consideration of Measure D and Authority tipping fee increases. They projected that they would require 11-12% increases~in 1992 and 1993. Any action on future rates would be subsequent to a detailed review by the JRRRC. Mr. Rankin pointed out that there are specific areas which may add to the size of future rate increases. These include: 1) landfill closure/post closure; 2) lawsuit defense costs; and 3) Altamont adjustment for non-franchised assets. Mr. Rankin advised that Staff is recommending that the City Council approve a rate increase of 29%. This recommendation is based on the Consultant's finding that in order to make OSC whole by the end of 1991, the Company is owed 28%. An additional 1% is the cost of the estimated tipping fee increase to be imposed by the Alameda County Waste Management Authority. In the event that the courts uphold the collection of the Measure D surcharge, the City Council would need to consider imposing the 13% increase at a later date. In the event that the City prevails and Measure D is not implemented, the City of Dublin will need to consider its 1991 rate increase in relation to action taken by other members of the JRRRC. On December 10, 1990, the City Council discussed alternative rate structures and service levels. Currently, the cost of collection and disposal of the first can is $5.70 and each additional can is $3.95. Staff recommended a transition which could occur over time to levy a smaller increase on one-can customers. Residential and commercial rate charts were presented and reviewed. Cm. Moffatt stated he wished to clarify that the 29% increase does not include Measure D. CM - VOL 10 - 12 Regular Meeting January 14, 1991 Mr. Rankin advised that this was correct. The actual initiative provides that the Board of Supervisors are to implement the fee within 90 days of the effective date. The City of Dublin is currently seeking legal remedy until the issue of its validity can be determined. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority vote, the Council adopted RESOLUTION NO. 5 - 91 AMENDING SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION and authorized the Mayor to execute the Letter of Agreement. Cm. Burton was absent from the Council Chambers when the vote was taken on this motion. * * * * PUBLIC HEARING SPEED LIMIT ON DUBLIN BOULEVARD (590-20) Mayor Snyder opened the public hearing. TyTekawa with TJKM advised that the City recently approved annexation of the portion of Dublin Boulevard west of Silvergate Drive. Since Alameda County has not previously established a speed limit on this portion of Dublin Boulevard, the limit becomes a State maximum speed limit of 55 mph. TJKM has conducted a speed survey on this portion of Dublin Boulevard in order to establish a lower legal speed limit so that radar can be used for enforcement. TJKM also conducted a speed survey on Dublin Boulevard between Donlon Way and Silvergate Drive. The adopted speed limit on this portion of Dublin Boulevard is 35 mph; however, conflicting signs and pavement markings had been installed which indicated both 25 mph and 35 mph for this same section of roadway. In addition, safety concerns were expressed related to the sweeping curve onto Silvergate Drive causing a potential hazard for residents trying to back out of driveways. Silvergate Drive has a 25 mph speed limit. Staff presented a chart showing the 85th percentile, 50th percentile and ranges. Staff proposed to install signage which would include the 25 mph curve warning sign on the sweeping curve from Dublin Boulevard onto Silvergate Drive and standard 40 mph speed limit signs west of Silvergate Drive. Mayor Snyder, in reviewing the traffic statistics, pointed out that it was interesting that traffic on the east side of Silvergate Drive goes faster than on the west side. CM - VOL 10 - 13 Regular Meeting January 14, 1991 Cm. Howard questioned if there was anything that says we have to change the speed limit. Mayor Snyder stated that with the information presented, the City Council now has something on which to base a speed limit. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waiVed the reading and INTRODUCED an ordinance establishing speed limits on Dublin Boulevard. PUBLIC HEARING PASSENGER LOADING ZONE ON AMARILLO ROAD @ NIELSEN SCHOOL (590-20) Mayor Snyder opened the public hearing. Ty Tekawa with TJKM advised that on December 10, 1990, the City Council adopted a resolution establishing short no parking zones adjacent to Nielsen School driveways for visibility and establishing an on-street handicap parking space in front of the school. An ordinance was also introduced which would establish a passenger loading zone along the frontage of the school. The City Council also approved provision of a crossing guard in front of the school. The crossing guard service began On January 7, 1991. City Staff has provided the School District with recommendations for improvements within the school property. ~ Cm. Howard stated she did not think that the Council had kept the white passenger loading zone. Mayor Snyder stated the recommendation was to put in benches, but leave the drop off parking. Christine Campbell questioned the area being discussed. She stated the kindergarten area is necessary in order to be able to drop off the' kids. People Would not be able to park but rather it is to be used as a drop off point only. Cm. Howard advised that when the school puts in their daycare, people will have to leave their cars and check the kids in. Mr. Tekawa advised that in a passenger loading zone, you must stay in your car. Mayor Snyder closed the public hearing. Cm. Howard advised that the day care will start when the bathrooms are completed. Cm. Burton stated he felt this throws a chink into things. CM - VOL 10 - 14 Regular Meeting January 14, 1991 Mr. Ambrose advised that day care would typically start before the regular school traffic. He questioned if it would be possible to make the loading zone for a specific period of time. Mr. Tekawa stated there might be enforcement problems. There are times when people get out of their cars and block the whole area. This has been previously discussed. He pointed out that there is currently a time limit on the passenger loading zone of 8 am to 5 pm. Mr. Ambrose suggested that since Staff does not have enough information on how the day care program will run, Staff could look into this and be in a better position to suggest a timeframe on the loading zone. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council continued this item to a future meeting. · · · · PUBLIC HEARING NO PARKING ZONES ON DONLON WAY (590-20) Mayor Snyder opened the public hearing. Ty Tekawa with TJKM advised that the City has been notified by the property owner of Northwood Plaza, an office complex afl!7080 Donlon Way, that parked cars cause a visibility problem betweendrivers exiting the driveway of The Springs apartments and drivers on Donlon Way. TJKM reviewed the location and recommends installing 20' of red curb to the north of the driveway and 25' of red curb to~.~the south of the driveway for visibility purposes. Mr. Thompson advised that other situations called to the City's attention by the property owner have already been addressed. No public comments were made relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 6 - 91 APPROVING A NO PARKING ZONE ON DONLON WAY · · · · PUBLIC HEARING ORDINANCE ENACTING A SUBDIVISION ORDINANCE AND SUPERSEDING SUBDIVISION ORDINANCE AS ADOPTED BY ORDINANCE NO. 13-82 (410-20) Mayor Snyder opened the. public hearing. Public Works Director Thompson advised that the existing Subdivision Ordinance (No. 13-82) was originally the Alameda County Subdivision CM - VOL 10 - 15 Regular Meeting January 14, 1991 , Ordinance in effect at the time the City was incorporated. The Ordinance has been updated 4 times since adoption. Ordinance No. 19- 83 made minor revisions, including the map submittal requirements and the powers of the Planning Commission. Ordinance No. 74-83 revised the formula for determining park and recreation requirements. Ordinance No. 33-85 added the vesting tentative map provisions. Ordinance No. 6-90 revised the submittal requirements of soils reports. Mr. Thompson advised that the new Ordinance is intended to replace the existing ordinances with a single ordinance that reflects recent changes in State law, clarifies existing procedures, and eliminates outdated references. The proposed Ordinance was circulated internally, as well as to various public and private agencies that could be affected by the proposed ordinance, and comments were incorporated into the Ordinance, as appropriate. Cm. Burton questioned what an advisory agency is. Mr. Thompson explained that as an example, the Planning Commission would be the advisory agency for a tentative map. No public comments were made relative to this ordinance. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. i - 91 CHAPTER i OF TITLE 8 OF THE CITY OF DUBLIN MUNICIPAL CODE SUBDIVISION ORDINANCE TRI-VALLEY TRANSPORTATION COUNCIL JOINT POWERS AGREEMENT (1060-40) City Manager Ambrose presented the Staff Report and advised that the Tri-Valley Transportation Council is proposing that the City of Dublin, along with the Cities of Livermore, Pleasanton, San Ramon and Danville and the Counties of Contra Costa and Alameda adopt a Joint Powers Agreement which would create the Tri-Valley Transportation Council and authorize the Tri-Valley Transportation Council to undertake the development of a transportation plan for the Tri-Valley area. Each agency may appoint one voting member and one alternate who may vote in the absence of the designated voting member. Mr. Ambrose explained that the JPA would authorize the Tri-Valley Transportation Council to: 1) review and provide comments to any agency's proposed General Plan Amendment or Specific Plan when regional or subregional transportation issues are involved; 2) review and provide comments regarding any new proposed .freeway, expressway, arterial transit project, or major intersection improvement of CM - VOL 10 - 16 Regular Meeting January 14, 1991 regional or subregional significance in the Tri-Valley area; 3) retain a consultant to prepare a transportation plan for the Tri-Valley and assess the cost of the consultant among the participating agencies; 4) seek on the behalf of the Tri-Valley Transportation Council or member agencies funding from Federal, State, or local sources for transportation planning, facilities, improvements, etc., which are consistent with the Tri-Valley Transportation Plan; and 5) serve as a forum for resolution of transportation related disputes between member agencies. The Agreement clearly indicates that the parties to the Agreement do not intend to create an agency or entity separate from the member agencies. Mr. Ambrose pointed out that Staff recommended 2 minor changes in the wording contained in the agreement. Paragraph 9 - Accounting Services "The Finance Director of the " be changed to "The Finance Director of one of the Cities". Paragraph llb (IV) "For Personnel Matters" be deleted. Mr. Ambrose pointed out that there is a difference between a Joint Powers Agency and a Joint Powers Agreement. The lead agency would be alternated on an annual basis. Cm. Moffatt questioned if the scope of transportation could be broadened to include air and other types of transportation. Cm. Jeffery stated she felt the types of transportations,indicated were used as examples. Mr. Moffatt stated he felt the airport is becoming more and more of a regional situation and the area as a whole should have the advantage of giving input to some of the rules. Mayor Snyder pointed out that this is a General Aviation Airport and not appropriate for inclusion in this type of a study. He felt they were talking about surface transportation. Ms. Silver advised that any form of public transportation could be included. She did not feel the language should be changed. Cm. Burton pointed out that the Rules of Procedure sometimes conflict with the JPA. Ms. Silver advised that if there is a conflict, the JPA will prevail. Mayor Snyder advised that the old rules were what they operated under with regard to the Memorandum of Understanding. Mr. Ambrose advised that in order to adopt the annual work program, a unanimous vote of all parties will be required. Cm. Jeffery expressed concern that this JPA can be ongoing forever. She felt there should be some provision for review at some point in the future, perhaps in 2 years. At that time, we could review the effectiveness of the JPA. CM - VOL 10 - 17 Regular Meeting January 14, 1991 Cm. Burton pointed out that if one agency drops out, it kills the whole deal. Cm. Jeffery advised that the Alameda County signature line should be changed to President. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 7 - 91 APPROVING A JOINT POWERS AGREEMENT BY AND AMONG THE COUNTY OF ALAMEDA, THE COUNTY OF CONTRA COSTA, THE TOWN OF DANVILLE, AND THE CITIES OF DUBLIN, LIVERMORE, PLEASANTON, AND SAN RAMON FOR THE PURPOSE OF DEVELOPING A TRI-VALLEY TRANSPORTATION PLAN On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council appointed Cm. Moffatt as representative and Cm. Burton as alternate to the Tri-Valley Transportation Council. 1991 GOALS & OBJECTIVES STUDY SESSION (100-80) Mr. Ambrose advised that each year, the City Council holds a special study session meeting to review the status of the current year Goals & Objectives and to develop and prioritize Goals & Objectives for the upcoming year. The meeting is typically held in February. By a consensus, the Council selected the date of Wednesday, February 27th beginning at 7:00 p.m., to hold the annual Goals & Objectives Study Session. * * * * LEAGUE OF CALIFORNIA CITIES PROPOSED 1991 DUES (140-20) Mr. Ambrose advised that the City has received a Memorandum from the President of the League of California Cities indicating that the League's Board of Directors is recommending a 4% increase in dues for 1990-91 to balance the League's budget. This would increase the City of Dublin's dues from $3,655 to $3,801 for FY 1990-91. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council accepted the requested dues increase and instructed the City's representative to the East Bay Division (Cm. Moffatt) to adVise the League accordingly. * * * OTHER BUSINESS Revenue & Taxation Committee Meeting (330-80) Cm. Jeffery advised that she had recently attended a League Revenue and Taxation Committee meeting where they talked about Governor Wilson's budget. He would like to realign health services to the CM - VOL 10 - 18 Regular Meeting January 14, 1991 counties and increase funding through VLF fees and also tax alcohol which would raise about $190 million. They're also looking at reinstating trial court funding. A suggestion was made to cut subventions going to redevelopment agencies. Senator Boatright will be carrying a bill to repeal SB 2557. Senator Lockyer has said he would support it. Request to Form New Business Development Commission (110-20) Cm. Burton requested that the City Council consider the formation of a new commission to be made up primarily of retailers to be a resource to the City on what might be done to improve shopping centers and to bring in other retail businesses. He is interested in improving the look of our retail areas. Cm. Jeffery stated she is very familiar with this type of a volunteer board; she works with a board of 23 business people and stated she is lucky to get one hour out .of them. Mayor Snyder stated he felt that seeking out new business is more economic development. Cm. Jeffery felt that the Chamber of Commerce can do a~great deal of this already. The Council has talked about the need for an economic development specialist during Goals & Objectives sessions. Cm. Burton explained how he envisioned the make up of the commission. Cm. Moffatt questioned where the funding wOuld come from. Ms. Silver suggested that further discussion on this topic would be inappropriate, but rather, that it should be agendized for a future meeting. The Council concurred. East Dublin Study (420-30) Cm. Howard asked if the Council could come up with different terminology when discussing East Dublin. A suggestion was made to refer to it as "Focus East". CM - VOL 10 - 19 Regular Meeting January 14, 1991 Audit Review Committee (310-10) Mr. Ambrose advised that he needed to set up a meeting date and time for the Audit Review Committee to meet next week. Cm. Moffatt and Cm. Howard advised that they could meet on January 22nd at either 1 or 2 pm. West Dublin.Field Trip - Rescheduled (420-10) By a consensus of the Council, the West Dublin field trip was rescheduled for January 26th at 9 am. CLOSED SESSION At 10:57 p.m., the Council recessed to a closed executive session to discuss Pending LitigatiOn, City of Dublin vs. County of Alameda Superior Court No. V-002172-8 (Measure D), pursuant to Government Code Section 54956.9(a). ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:22 p.m. ATTEST: '~ J City'Clerk CM - VOL 10 - 20 Regular Meeting January 14, 1991