HomeMy WebLinkAbout11-25-1985REGULAR MEETING - November 25, 1985
A regular meeting of the City Council of the City of Dublin was held on
Monday, November 25, 1985 in the meeting room of the Dublin Library. The
meeting was called to order at 7'32 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.
PRESENTATION BY VALLEY MEMORIAL HOSPITAL
RE EXPANSION PLANS
Mr. Gene Broadman, Chairman of the Board of Directors of Valley Memorial
Hospital requested an opportunity to make a presentation to the City Council
regarding Valley Memorial Hospital's future plans for service delivery.
Mr. Broadman indicated he was soliciting support for the expansion plans on
their Pleasanton property.
Ted Weiskamp presented details of their 3 phase plan. Phase I would include
a 15,000 sq ft out-patient facility which is going to the Board for approval
in December. The facility would include a preventive medicine center for 30
to 35 patients, and a medical office building where about 40 doctors will be
housed. Phase II will include plans for elderly housing care and nursing
facility. Phase III will be to upgrade and update Valley Memorial Hospital
in Livermore plus build an intensive care facility on their Pleasanton site.
Dr. Richard Lutz, Physician member of the Board of Directors, explained from
a doctor's standpoint what they hoped to see. He felt that one single entity
could provide a better concept than a fragmentation put together by several
different health care operators.
Cm. Jeffery questioned the timeline for this project. Representatives
indicated they would be going to their members by December 1st and the
members have 30 days to vote. If approved, they would do architectural plans
beginning in January. They are estimating $60,000,000 for the entire
project.
Cm. Jeffery questioned what guarantee the hospital could offer that they will
build this facility as they have made promises in the past that have not been
kept.
Regular Meeting
¢M-4-245
November 25, 1985
Mr'. Broadman indicated that VMH is joining with two other excellent
corporations and they are spending a lot of money to educate their members.
Mr. Broadman ask the Council to endorse Valley Memorial Hospital's Phase I
Plan.
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote,
the Council endorsed the Phase I project. Cm. Moffatt and Cm. Jeffery both
abstained from the vote due to possible conflicts of interest.
PROCLAMATION - NATIONAL HOME CARE WEEK
Mayor Snyder read a proclamation declaring the week of December 1, 1985 as
National Home Care Week. Home Care Agencies provide a wide range of health
and supportive services and are recognized as an effective and economoical
alternative to unnecessary institutionalization.
BART STATUS UPDATE
Robert Allen addressed the Council stating that BART impacts the Valley in a
number of ways, in addition to taxes. Future impact will be the park & ride
lots.
Mr. Allen indicated that the requested changes that were being proposed by
BART will not be implemented until local bus service is in .place. The Route
D bus will continue its current route and be streamlined later. BART has
done a lot of work on park & ride lots and there is now money available for
these lots. In approximately 6 months, the environmental processes should be
completed. Request was made for City Staff to work very closely with BART
Staff on the development.
Dick Wentzel indicated that the next step in the park & ride lot program is
to do a study and determine what the impacts are. They are talking about a 7
acre lot on the Dublin side of the freeway.
Cm. Vonheeder questioned timing if condemnation processes are necessary.
Condemnation proceedings normally take about 3 months to process, however, if
they become necessary, they would know early enough in the plan so as to
immediately get started and thereby not necessarily lengthen the overall
timing.
Cm. Moffatt questioned if Dublin's Planning Staff will have a chance to
review the plan. BART representatives indicated they will definitely request
Dublin's input and approval.
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Regular Meeting November 25, 1985
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the
Council took the following actions:
Approved Minutes of Regular Meeting of November 12, 1985;
Approved the Financial Report for Period Ending October 31, 1985;
Approved the Request for Proposal for Building Improvement Plan for Shannon
Community Center and authorized Staff to advertise for consultants;
Authorized Staff to negotiate with the Staff of the City of Foster City for
the purchase of $600,000 of FAU monies at $ .75 on the dollar and to return
to the Council with a draft resolution for review and approval;
Adopted
RESOLUTION NO. 126 - 85
RELATIVE TO
CALIFORNIA DRUNK AND DRUGGED AWARENESS WEEK
Approved Warrant Register in the amount of $529,g77.29.
Cm. Hegarty requested that the item related to the street sweeping agreement
be removed for discussion, as he has received a number of complaints related
to street sweeping.
City Manager Ambrose explained that last year the City entered into a 2-year
agreement with Marc Sweeping Service and the contract called for a renego-
tiation of the rates, one year into the contract, or October lst'. Staff
indicated to the Contractor that they were unsatisified with the equipment
being used and delayed any consideration of a revision of the contract rate
until a new and substantially larger and heavier equipment was in use. This
new equipment is now in use. Staff is looking at the possibility of some
type of notification ticketing on windshields of cars left on the streets on
assigned sweeping days. On many of the more narrow streets, when cars are
parked at the curb, it prohibits the street sweeper from being able to
adequately get his equipment in to do a good job.
Cm. Hegarty asked that Staff advise the Contractor that we are watching this
service very closely.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
Council adopted
RESOLUTION NO. 127 - 85
AMENDING THE AGREEMENT FOR
STREET SWEEPING AND LITTER PICK-UP SERVICES
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Regular Meeting November 25, 1985
BOTTLE BILL
CALIFORNIANS AGAINST WASTE
RESOLUTION SUPPORTING ASSEMBLY BILL 2020
Assembly Bill 2020 would provide for the passing of a state beverage con-
tainer deposit law. This bill woUld place a 5 cent deposit on all beverage
bottles.
Cm. Vonheeder indicated she had traveled to Oregon and was very impressed
with the way their environment is protected.
Joseph Mitchell, representing the Glass, Pottery Union, AFL/CIO, with offices
at Heritage Park addressed the Council. He reported that this union has
represented workers in the various industries for over 100 years. Mr.
Mitchell reported that it costs 8¢ to handle all containers on the returnable
bill. Oregon is spending more now than the year before the adoption of their
bottle bill. Only 6~ of solid waste relates to bottles. Supporting a
recycling program would be of more service to California residents. They
were very concerned with the loss of jobs that would occur and Mr. Mitchell
reported that California Legislature is not in favor of any legislation that
would limit any jobs.
Cm. Moffatt questioned if the deposit only applied to glass. Mr. Mitchell
indicated that the deposit will only be put on bottles, not cans and plastic
containers. Glass containers have been singled out.
Kathy Bendicini indicated to the Council that she has worked in the glass
industry for 25 years and that several companies in the area would be
directly affected by this legislature. Senator Lockyer and Assemblyman Baker
are both on record opposing this bill. She urged the Council not to endorse
this bill.
Rick Barnes, a union representative who is not a Dublin resident, indicated
he has also visited Oregon and Washington and Washington has a much better
program because they encourage recycling programs. They have an education
program they put on to school children in 1st through 6th grades. Children
then educate their parents.
Don Abramson, a San Ramon resident who works in Hayward at Diamond Bathers,
indicated that igloos can be placed in shopping centers to help any groups
that want to participate in a recycling program. Their main concern is that
they do not want to see their jobs replaced with minimum wage jobs. He asked
the Council to not support the bottle bill.
Mr. Mitchell indicated his union publishes a monthly newsletter and he would
be happy to make sure that the Council receives copies.
Cm. Vonheeder indicated she appreciated the education she had received
regarding this topic and felt in light of the information presented, it would
be inappropriate for the Council to support Assembly Bill 2020.
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Regular Meeting November 25, 1985
Mayor Snyder. reported that he had spent the last two days attending a seminar
related to garbage. The items of litter seen alongside roads are not items
that would be affected by a bottle bill anyway. San Jose has a pilot program
going whereby an organization has placed plastic collection bins in 10,000
residences. A 70~ success rate insofar as recycling has been achieved.
Cm. Moffatt questioned if Dublin has a litter law and if there is some way
the enforcement could be strengthened. Since Dublin is in the process of
requesting RFP's for garbage service, maybe they could provide some type of
recycling operation. Also, Cm. Moffatt stated students had indicated to him
that if litter cans were placed aroUnd the high school, V~llage Parkway
wouldn't be so littered.
ACA7 - NON-PARTISAN ELECTIONS
WRITTEN COMMUNICATION FROM LEAGUE OF CA CITIES
The League of California Cities is requesting Dublin's support of ACA 7.
This Constitutional Amendment would reverse a recent California Supreme
Court Decision that ruled there was nothing in the Constitution or Elections
Code which would prohibit a political party or its central committee from
endorsing, supporting or opposing candidates in elections for judgeships and
city, county and school offices. If ACA 7 was approved by the State
Legislature, the following proposed addition to the California Constitution
could be considered by the voters of California:
"No political party or central committee may endorse, support or oppose a
candidate for non-partisan office."
The League has indicated that this constitutional amendment has been
approved by the California Assembly. The League of California Cities is
concerned that the Senate will not act on this proposed constitutional
amendment. They have requested that the cities who have legislators sitting
on the Senate Elections Committee, urge their Senator to support this
legislation.
Cm. Jeffery indicated her strong support of ACA 7 as she doesn't feel that
local elections should be partisan.
Cm. Moffatt questioned who would enforce this. Staff advised that it would
be the Fair Political Practices Commission.
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by majority vote,
the Council adopted
RESOLUTION NO. 128 - 85
SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT #7
NON PARTISAN ELECTIONS
Cm. Hegarty and Cm. Moffatt voted NO on this motion.
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Regular Meeting November 25, 1985
MOSQUITO ABATEMENT DISTRICT
WRITTEN COMMUNICATION RE EXPIRATION OF TERM OF DR. SCUDDER
Mr. Fred C. Roberts of the Alameda County Mosquito Abatement District has
written to advise the City Council of the expiration of the term for the
Board of Trustee member appointed by the City.
Dr. Harvey Scudder is the current appointee and has served as the Trustee
representing the City of Dublin, since August of 1982. His personal
background and professional expertise provide an asset to the organization.
Dr. Scudder is currently serving as Secretary for the Alameda County
Mosquito Abatement District and has indicated his interest in being
reappointed as the City of Dublin representative on the Board of Trustees.
Dr. Scudder urged the Council to visit the Alameda County Mosquito
headquarters that they moved into in 198~.
On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the
Council adopted
RESOLUTION NO. 129~- 85
APPOINTING DR. HARVEY I. SCUDDER TO THE
ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT
PUBLIC HEARING
AMENDMENT TO 198g NATIONAL ELECTRICAL CODE
Mayor Snyder opened the public hearing.
On October 28, 1985, the City Council requested a review of the Electrical
Code regulating the number of electrical outlets in commercial buildings.
The problem is that some office buildings do not have enough conveniently
located electrical receptacle outlets. This usually results in the excessive
use of extension cords.
Staff proposed an amendment to the Electrical Code to require electrical
outlets on all permanent walls and partitions, with spacing being the same as
required for residential uses; i.e., an outlet on any wall section longer
than 2 feet and outlets spaced every 12 feet along wall sections.
Cm. Hegarty felt that it could be confusing if every city in Alameda County
has different requirements, and he has a problem when things are not uniform.
Mayor Snyder closed the public hearing.
On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by majority vote,
the Council waived the reading and INTRODUCED a proposed revision to the 198g
National Electrical Code Ordinance. Voting NO on this motion was Cm.
Moffatt.
CM-g-250.
Regular Meeting November 25, 1985
SUBDIVISION ORDINANCE AMENDMENT
REGARDING VESTING TENTATIVE MAPS
Mayor Snyder opened the public hearing.
The State Subdivision Map Act has been amended to create a new form of
tentative subdivision map called a "Vesting Tentative Map". When a Vesting
Tentative Map is approved, the developer gains "vested rights" to complete
the development in substantial compliance with the local ordinances,
policies, and standards that were in effect when the complete application was
submitted. The vested rights extend for a substantial length of time. They
add a critical new consideration to the City's development process.
Prior to the new law, vested rights to build out a project would occur only
if 1) the developer had completed substantial building construction in
conformance with a valid building permit, or 2) the developer and local
government entered into a "development agreement". A conventional tentative
map approval did not grant vested rights. The local government could amend
the General Plan and zoning on the property. Development on the property
would then need to conform with the amended zoning unless sustantial building
construction had taken place or a development agreement was in effect.
Under a Vesting Tentative Map, the developer would gain vested rights at the
time of approval of the Vesting Tentative Map and those vested rights can
last from ~ years to 9 3/4 years as set forth in the draft ordinance and with
discretionary time extentions.
City Attorney Nave explained that this is a response by the Legislature to a
series of .court decisions that were basically anti-developer, and relate only
to residential subdivisions.
Planning Director Tong explained that there is another amendment that will go
into effect sometime in the future which will affect non-residential
developments.
Cm. Jeffery questioned what the advantage would be for a developer to file a
regular type map.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote,
the Council waived the reading and INTRODUCED an ordinance regarding Vesting
Tentative Maps.
STREET NAME SIGN REPLACEMENT PROGRAM
As part of the 1985-86 update to the City's Five Year Capital Improvement
Program, the City Council approved $1,000 for design costs associated with
the development of a new street name identification sign. In 1987-88 funds
have been allocated for a comprehensive replacement program throughout the
City.
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Regular Meeting November 25, 1985
The City's Engineering and Maintenance Staff have been working with sign
companies to develop a new sign. Those signs which are proposed by Staff,
will be presented to the City Council for their review and approval.
Upon approval of the design by the City Council, the design would be the
standard for new residental subdivisions. Subdividers install these signs,
as new streets are built, at their own cost.
Staff indicated it was anxious to finalize the design of the new sign, in
order that those subdividers who are presently ready to install their signs,
can install the new design rather than the old design. This will save the
City money in the future when it undertakes the comprehensive sign
replacement program.
The City Council reviewed and approved the proposed sign designs, and on
motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
Council determined that the unframed signs would be designated for use in
residential areas, and the framed signs for use in commercial areas.
OTHER BUSINESS
Relocation of Post Office Box on Dublin Boulevard
Cm. Moffatt questioned why the post office had relocated a pick up box on the
south side of Dublin Boulevard near Donlon Way. City Engineer Lee Thompson
advised that he would check into this and determine why the box was
relocated.
City Council Minutes
Cm. Moffatt questioned if Staff provided copies of City Council Meeting
Minutes to the School District.
Staff advised that the School District had never requested copies, but they
could be made available should they request them.
Joint Meeting
Cm. Moffatt felt that a joint Planning Commission/City Council/Staff meeting
related to "What Planning is all about", would be a good idea. How the new
Vested Tentative Map Ordinance, and any other ordinances affecting planning
could be discussed.
City Manager Ambrose indicated that this type of a meeting was on the Goals &
Objectives list, but was not a high priority item. Cm. Moffatt indicated he
would like to raise it on the priority list. Mayor Snyder felt that the
overall list should be reviewed.
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Regular Meeting November 25, 1985
City Manager Ambrose indicated he would be having a Staff meeting on the
following Monday, and after that meeting, he would provide a status report to
the Council.
Central Bank
Cm. Jeffery indicated that since it was recently announced that Central Bank
would be moving its Dublin Branch Office to Pleasanton, the City should look
at changing its accounts.
Consensus of the Council was to have Staff determine which bank to deal with
when Central Bank is no longer located within Dublin.
Recreation Vehicle Ordinance - Moratorium on Enforcement
Cm. Hegarty indicated he would like to see a moratorium placed on the
enforcement of the current recreation vehicle ordinance in order that
violators do not have to go to the District Attorney's Office in Oakland.
Planning Director Tong indicated that it is anticipated that the Planning
Commission will be making its recommendations to the City Council following
their meeting of December 2nd.
Discussion was hel.d related to the fact that the ordinance may or may not be
changed.
On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by majority vote,
the Council agreed to place a moratorium on enforcement of the current
ordinance, until it is reviewed by the Council and a decision is made on the
ordinance. Cm. Jeffery and Mayor Snyder voted NO on this motion.
No Right Turn on Red Signs Ineffective
Mayor Snyder stated he felt that the No Right Turn Signs at the corner of
Amador Valley Boulevard and Donahue Drive were very ineffective.
City Engineer Thompson indicated he would check into this situation with
regard to the size and location/placement of the signs.
CLOSED SESSION
At 10'35 p.m. the Council recessed to a closed executive session to discuss
property negotiations' Imperial Freeholds Site, Dolan School Site and Fallon
School site.
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Regular Meeting November 25, 1985
PUBLIC MEETING RECONVENED
On motion of Cm, Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council authorized a budget transfer from the Contingent Reserve in the
amount of $2,500 for appraisal services for the Kolb Park site.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 11'17 p.m.
ATTEST'
................. C'i't-y "Cl~ ..........
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Regular Meeting November 25, 1985