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HomeMy WebLinkAbout09-23-1985REGULAR MEETING - September 23, 1985 A regular meeting of the City Council of the City of Dublin was held on Monday, September 23, 1985 in the meeting room of the Dublin Library. The meeting was called to order at 7:30 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alleg- iance to the flag. PROCLAMATION Mayor Snyder read and presented a proclamation declaring the month of October as "Make-A-Wish" month, related to the non-profit organization with a sole purpose of granting the wishes of children who are terminally ill. REPORT ON THE COMMUNITY OF DUBLIN Crystal Seals, a second grade student at Redwood Christian School presented a report which she had prepared to the City Council entitled "My Community~ Dublin". Mayor Snyder indicated the City' interest would continue. CROSSWALK REQUEST s appreciation and stated he hoped Ms. Seals Joyce Waite addressed the Council and requested a traffic detail in Dublin. Ms. Waite also reported that crosswalk markings are needed at the intersection of Emerald Avenue and Tamarack Drive. Mayor Snyder directed the City Engineer to check into the situation to determine the necessity of the requested crosswalk. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of September 9, 1985; CM-4-202 Regular Meeting September 23, 1985 Approved the installation of a banner from September 24-29, 1985 by the Dublin Rotary Club related to the Arts & Crafts Fair, on the chain link fence near the Shannon Center; Approved the JOint Exercise of Powers Agreement related to Paratransit Services; Appointed the City Manager to the JEPA Administrative Committee; Approved form of contract of Paratransit Services; Approved the installation of a banner from October 7-21, 1985 by the Valley Artists Association on the chain link fence near the Shannon Center; Adopted RESOLUTION NO. 102 - 85 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4749 Authorized execution and substitution of performance bond in the amount of $192,000 in connection with the guarantee of work performed in Tract 4749; Adopted RESOLUTION NO. 103 - 85 FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 5180 Authorized execution and substitution of performance bond in the amount of $187,254 in connection with the guarantee of work performed in Tract 5180; Awarded bid for Shannon Center janitorial services to Barry's Janitorial at a bid amount of $1,195/month and authorized the Mayor to execute the Agreement; Accepted improvements under Contract 84-9, Village Parkway Sidewalk & Landscaping; authorized partial retention payment of $11,591.10 to MCE Corporation, with final payment of $2,000 to be paid upon expiration of a 90-day maintenance period; authorized an additional appropriation from the Street Improvement Reserve in the amount of $6,000; Awarded bid for Contract 85-5A, City Storage yard to MCE Corporation and authorized the Mayor to execute agrement; Awarded bid for Contract 85-5B, City Storage Building to Page Construction and authorized the Mayor to execute agreement; authorized a budget transfer in the amount of $29,050 from the Contingent Reserve to the Capital Project Fund; Approved Warrant Register in the amount of $118,680.08 Cm. Moffatt requested that the banner request from the Church World Service/CROP, be removed from the Consent Calendar for discussion. Cm. Moffatt stated that his understanding of the banner policy was that the banner poles were for use by Dublin-based non-profit groups only. Discussion was held related to the fact that a percentage of the money would go to the Childrens' Emergency Council in Dublin. CM-4-203 Regular Meeting September 23, 1985 Cm. Hegarty felt that even though the policy states the organization must be Dublin-based, the Council could waive the requirement under these circumstances. Cm. Jeffery questioned if the separation of church and state ruling would present problems. City Attorney Nave indicated he saw no problem if the Council allowed the banner. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote, the Council approved the installation of a banner from October 12-20, 1985 by the Church World Service/CROP, on the banner poles. Voting NO on this motion were Cm. Jeffery and Cm. Moffatt. PUBLIC HEARING AMADOR PLAZA ROAD - NO PARKING ZONES AND LOADING ZONES Mayor Snyder opened the public hearing. Shamrock Ford, Chrysler & Plymouth has requested no parking areas (red curb) on Amador Plaza Road to improve sight distance and safety at their driveways, and a loading zone (yellow curb) to allow auto transport trucks to unload without double parking on Amador Plaza Road. Cm. Moffatt questioned if the Honda Dealership would most likely be in in the future requesting the same thing. City Engineer Thompson explained that they already have a substantial amount of red curb. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and on an urgency basis, adopted ORDINANCE NO. 24 - 85 ESTABLISHING TRAFFIC REGULATIONS (No Parking Zones and Loading Zones on Amador Plaza Road) PUBLIC HEARING APPEAL OF PLANNING COMMISSION ACTION TO CONDITIONALLY APPROVE IMPERIAL FREEHOLDS CALIFORNIA INC., APPLICATION Mayor Snyder opened the 'public hearing- On May 13, 1985, the City Council opened the public hearing on the appeal of the Planning Commission action to conditionally approve PA84-049 Imperial Freeholds California Inc., application for Parcel Map 3582 extension. Mr. Anthony Long, representing Imperial Freeholds, appealed the item because of a condition which required the developer to pay $69,000 towards the installation of traffic signals at Sierra Court and Dublin Boulevard. Mr. Long said that they were willing to contribute to the traffic signal if they were successful in exchanging property with the Dublin San Ramon Services CM-4-204 Regular Meeting September 23, 1985 District to relocate their proposed access road. The access road and entrance to the site would then be at Dublin Boulevard and Sierra Court, rather than at the proposed Imperial Court. If they were not successful in relocating the entrance, they would object to the contribution. After discussion, the City Council continued the item until the September 23, 1985 City Council meeting to allow the developer and DSRSD to negotiate a property exchange. Mr. Long verbally indicated to Staff that he would like an additional continuance. Mr. Tony Long addressed the Council and stated that his company had received word from DSRSD indicating a favorable response to the proposed exchange. Mayor Snyder closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council continued this item until the January 13, 1986 Council meeting. PUBLIC HEARING DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION (CAMP PARKS AREA) Mayor Snyder opened the public hearing. On October 8, 1984, the City Council directed Staff to proceed with the annexation of the Parks Reserve Forces Training Area (Camp Parks) and Tassajara Creek Regional Park. The Staff contacted the property owners in the area and received varying responses. On March 11, 1985, the City Council expanded the annexation proposal to include all publicly owned land to the east of the City. The City Council determined that the consolidated proposal would provide a better forum for discussing roadway access to the east and the potential effects of Alameda County's development plans on the City's annexation of the area. Staff proceeded with the environmental review, prezoning, services and financial plan, and other annexation requirements. On June 17, 1985, the Planning Commission recommended that the environmental documents be adopted, and that the prezoning and annexation applications be approved. With the assistance of Gruen Gruen + Associates, the services and financial plan has been drafted. The annexation involves three basic issues: environmental review; prezoning; and services and financial plan. The Planning Commission recommended adoption of the environmental documents and approval of the prezoning and annexation application. CM-4-205 Regular Meeting September 23, 1985 Various scenarios were discussed, being 1) Fiscal condition with no annexation; 2) Fiscal condition with annexation, but no urban development; 3) Fiscal condition with annexation and 600 acres of new development in the annexation area. Cm. Jeffery questioned the comments made by ABAG and BART. Planning Director Tong explained that the comments are fairly general and standardized comments. Cm. Jeffery questioned who controls the County's development decisions. City Manager Ambrose explained that the County controls these decisions, and the City has no control over zoning which occurs on County land. Fire Chief Phil Phillips indicated his concurrence with the City's comments related to this report. Mayor Snyder closed the public hearing. City Manager Ambrose explained that the City will not be able to forward the application to LAFCO until the ordinance is adopted at the next meeting. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 104 - 85 ADOPTING THE GENERAL PLAN ENVIRONMENTAL DOCUMENTS, (FINAL AND DRAFT EIRS, RESPONSES TO COMMENTS ON THE DRAFT EIR, SUPPLEMENT TO THE EIR AND RESPONSES TO COMMENTS ON THE SUPPLEMENT TO THE EIR) ALONG WITH THE RESPONSES TO COMMENTS ON THE ENVIRONMENTAL REVIEW OF THE PREZONING AND ANNEXATION PROPOSAL, AS THE ENVIRONMENTAL DOCUMENTS FOR PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION and RESOLUTION NO. 105 - 85 APPROVING AND ESTABLISHING GENERAL PROVISIONS FOR PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION waived the reading and introduced an ordinance amending the Zoning Ordinance to permit the prezoning of real property located to the east of the existing City limits. adopted RESOLUTION NO. 106 - 85 AGREEING TO AN EXCHANGE OF PROPERTY TAX REVENUE CONCERNING PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION and RESOLUTION NO. 107 - 85 DIRECTING STAFF TO FILE AN APPLICATION WITH LAFCO REGARDING PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION CM-4-206 Regular Meeting September 23, 1985 and directed Staff to prepare a letter to the Dublin San Ramon Services District requesting its support of the annexation. SENIOR CITIZENS CENTER At the February 25, 1985 regular meeting of the City Council, Staff was directed to conduct a needs assessment of Dublin Seniors. In addition, the Council authorized Staff to request an RFP for 1984 Senior Center Bond Act Funds. The Needs Assessment was completed and the results presented to the Council. The completed application forms for 1984 Senior Center Bond Act funds were also presented to the Council. A total of $73,650 is being requested (Renovation -$53,500, Equipment-S5,300, Program Startup Costs-S14,850). Senior Center Bond Act funds will not be made available until April of 1986. Staff felt that this gives the City and the Murray School District sufficient time to complete the sale and transfer of ownership on the multi-use room at Fallon School. It is estimated that it will take 3-4 months to make the necessary improvements to the multi-use room. The Center would then be ready for occupancy by late August, 1986. Cm. Jeffery questioned how the survey was distributed. Recreation Director Lowart indicated that the surveys were passed out to groups that meet at the Shannon Center, distributed through stores .and bowling alleys, to people coming in to get Gold Cards and Directory and passed out at the Dublin Library. Ms. Lowart reported that many seniors indicated they would like to come to a drop-in center as opposed to an organized group. Mayor Snyder questioned if there were really 1,200 seniors in Dublin that need this service. Numerical statistics were discussed. Ms. Lowart indicated that the building will need to be brought up to Title 24 requirements, and further, that the building will not be for use exclusively by seniors. With regard to the price estimates, Ms. Lowart indicated that the figures presented had been honed to a much finer degree than the figures presented during budget preparation. Cm. Jeffery commented that all of these plans are based on the premise that the Murray School District will sell the Fallon site to the City at an acceptable price. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the application for 1984 Senior Center Bond Act funds, adopted CM-4-207 Regular Meeting September 23, 1985 RESOLUTION NO. 108 - 85 APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1985 FOR THE DUBLIN SENIOR CENTER and directed Staff to continue negotiations for the Fallon School site with the Murray School District. GARBAGE COLLECTION FRANCHISE In accordance with earlier City Council direction, the firm of Hughes, Heiss & Associates has proceeded with the study of those services provided by the Dublin San Ramon Services District. Hughes, Heiss & Associates has completed their review of the Garbage Franchise which is presently held by the Dublin San Ramon Services District for both the-City of Dublin and southern portion of the City of San Ramon. The Dublin San Ramon Services District had indicated that it would like a response from the Cities no later than October 20, 1985 with respect to the position of the Cities of Dublin and San Ramon with respect to the Garbage Collection Franchise. The Dublin San Ramon Services District Franchise Agreement with Oakland Scavenger expires on April 1, 1986. The Agreement provides that the Dublin San Ramon Services District must notify Oakland Scavenger by January 1, 1986, as to whether it intends to renew the Garbage Franchise. In a memorandum dated September 6, 1985 the City Attorney indicated that the City does have the right to exercise the Franchise to provide collection of garbage for Dublin residents. This interpretation has been supported by the legal services utilized by Hughes, Heiss & Associates. John Heiss addressed the Council and gave an overview of the report. Mr. Heiss explained that there is little risk as far as the City is concerned. The rates probably won't change that much. Because of the fact that Dublin is very heavy on commercial vs residential pick-ups, it may be possible that Dublin could negotiate a better rate without the heavy residential area of San Ramon. The current franchise fee is 7.6%. Cm. Jeffery questioned what if DSRSD goes ahead and renews their franchise anyway. Will it be possible for the City to take over at a later time or would the District have to be dissolved. Mr. Heiss responded that the later would probably be best. Both the City and the District could go out for franchise and the question would be to which request for proposal would the collection companies respond. Cm. Vonheeder had questions related to the separate franchise surcharge. Because of the fact that part of the fee is theoretically to be spent to find alternate sources for landfill, if the current service provider is not in the business of providing service any longer, then how can they be entitled to something that is supposed to find alternatives to the service in the future. Cm. Jeffery felt the issue should be discussed by the liaison committee. CM-4-208 Regular Meeting September 23, 1985 Mayor Snyder felt there was no point in referring it back to the liaison committee because the District had asked the City for a decision, and the Council could make that decision at this meeting. Cm. Jeffery felt that the City Council could agree to intent and because sufficient time exists, send the issue back to the liaison committee, then consider it at the October 14th City Council meeting, and still meet DSRSD's requested deadline for a decision. Cm. Jeffery felt this would also provide an opportunity to remind DSRSD of some of their past statements when both cities incorporated, that they would do everything possible to help those two cities, and if that meant the dissolution on some of their services, that would be what it would be. This was what they promised the community. The committee could also possibly negotiate something with regard to the franchise fee, plus create some good will, and avoid an uphill battle. Cm. Moffatt pointed out that the District has already contradicted themselves with their decision not to cooperate with the Fire Services Study Mayor Snyder again pointed out that everyone is aware of what has been going on, there are no secrets, and DSRSD did ask that a decision be made by October 20th. John Heiss stated that theoretically the Board of DSRSD could decide to go out with their own contract. City Attorney Nave stated that as a practical matter, this may force the City to request that the District dissolve because if Oakland Scavenger looked at the City of Dublin and at DSRSD, they might be hesitant to enter into a contract with DSRSD, as it is generally felt that the City will be around a little bit longer than DSRSD. On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by majority vote, the Council adopted RESOLUTION NO. 109 - 85 EXPRESSING THE INTENT OF THE CITY COUNCIL TO AWARD A FRANCHISE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND REFUSE IN THE CITY OF DUBLIN and directed Staff to notify the Dublin San Ramon Services District and Oakland Scavenger that the City of Dublin intends to become the Garbage Collection Franchisor effective April 1, 1986; to petition the Alameda County Joint Rate Review Committee for inclusion in Joint Powers Agreement. Cm. Jeffery and Cm. Vonheeder were opposed and voted NO on this motion. Cm. Jeffery clarified that she was not opposed to the issue, but rather the timing. On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council determined that the City should solicit bids for garbage collection services, as opposed to negotiating directly with Oakland Scavenger. CM-4-209 Regular Meeting September 23, 1985 OTHER BUSINESS Truck Parkinq City Manager Ambrose reported that the City had been officially notified that the Alameda County Fair Board had denied the request for truck parking. This item is scheduled for the October 14th agenda. ABAG General Assembly Cm. Moffatt queried the Council with regard to three issues needing decisions at the upcoming ABAG General Assembly. Council consensus was that Cm. Moffatt, as the City's delegate, should vote on the issues involved. AIDS Task Force Cm. Moffatt reported that he had attended an AIDS Task Force meeting, and that in the future, we will be asked to look at the Los Angeles Ordinance prohibiting discrimination against anyone who has a medical problem. BART Bus Schedule Cm. Moffatt indicated that he had received several calls from people indicating they were unhappy with the new BART bus schedule. It seems that the connecting buses are leaving just prior to the arrival of the buses .in need of making the connection. City Manager Ambrose indicated he would contact BART regarding their schedule. Cm. Jeffery felt it is again time for Robert Allen to address the Council with an update related to BART. City Manager Ambrose indicated he would contact Mr. Allen with an invitation to provide an update at a future Council meeting. Mail Cm. Jeffery requested that Staff, in the future, open mail addressed to her that comes through City Offices in order that time dated material can be responded to in a more timely manner. CM-4-21 0 Regular Meeting september 23, 1985 Dublin Connection - Irish Marathon Runner Cm. Vonheeder reported that she had met with Nancy Feeley from the Chamber of Commerce regarding the proposed joint City/Chamber event honoring Dick Hooper. They felt the most workable event would be a no host dinner, possibly at Staffords or the Dublin Corral on December 5th. The invitation list could be developed by both the Chamber and the City, with the City paying postage costs for mailing the flyers. CLOSED SESSION At 9:16 p.m. the Council receSsed to a closed executive session to discuss property negotiations, Dolan Park Site, Government Code Section 54956.8. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. / City Cl~rk CM-4-211 Regular Meeting September 23, 1985