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HomeMy WebLinkAbout01-23-1995 Adopted CC MinutesREGULAR MEETING - January 23, 1995 A regular meeting of the City Council of the City of Dublin was held on Monday, January 23, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:37 p,m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION In accordance with Government Code Section 54956.9(b)(1) and (3)(A), the Council recessed to a closed session for a conference with Legal Counsel, related to anticipated litigation, significant exposure to litigation. At 7:50 p.m., the Council returned from closed session and the public meeting was reconvened, The-Mayor announced that no action was taken in the closed session. INTRODUCTION OF NEW EMPLOYEE (700-10) City Manager Ambrose introduced Gregory Reuel, the City's new Economic Development Manager. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 34 Meetin,_q Procedures (610-20) Mayor Houston announced that the agenda was quite lengthy and the meeting would be adjourned at 11:30 p.m., and any remaining items would be carried forward to the next meeting. Mayor Houston stated he also wished to move a couple of items forward on the agenda. Immediately following the Consent Calendar, the Council would hear Item 8.1 (Proposed Teen Task Force), followed by Item 7.1 (Garbage and Recycling Services Draft Request for Proposal and Draft Agreement). [NOTE from City Clerk. )'he items will appear in the minutes in the same order os listed on the agenda.] APPOINTMENTS TO PLANNINg- COMMISSION (110-30) Mayor Houston recommended that the Council confirm his appointments to the Planning Commission, Steve Lockhart and Don Johnson. Applications from everyone who applied were distributed to all Councilmembers per their request at the last meeting. Mayor Houston asked City Attorney Silver to clarify how appointments are made. City Manager Ambrose discussed how the terms were established. Mayor Houston stated he felt Cm. Barnes had a good idea with regard to the Homart Project. He stated he was willing to put off the new appointments until the Homart Project is put to rest. The City will keep the present. Planning Commission in place until this issue is resolved. He asked Mr. Tong is there are any other large projects that are currently midstream. Mr. Tong stated the only one that might fit that bill would be the Hansen Ranch Project, Phase I. The Applicants have indicated they wil be processing Phase II shortly. No other ones have come before the Planning Commission yet. Mayor Houston asked if the Council should confirm the appointments tonight or if the item should come back for a vote. CITY COUNCIL MINUTES VOLUME 14 · REGULAR MEETING January 23, 1995 PAGE 35 Ms. Silver stated it cOuld be done either way. Mayor Houston stated he would recommend that the Council wait to confirm these appointments. None of the other Councilmembers indicated any problem with doing this. APPOINTMENTS TO PARKS & COMMUNITY SERVICES COMMISSION (110-30) Mayor Houston requested that the City Council confirm his appointments to the Parks & Community Services Commission, Jeffery B. Chapman, George Cromer and Marjorie Wong-Gillmore. Applications from everyone who applied had been provided to the Council per their request. Mayor Houston advised that Steve Lockhart has resigned his position and will not go back to the Parks & Community Services Commission under any circumstances. Cm. Moffatt stated the City advertised for people to participate and now through the Mayor's ability to appoint, he didn't even consider the other people. He asked if it would be appropriate for the City Council to hear from the slate of people who applied for these positions. Cm. Burton stated the basic policy is the Mayor makes appointments and the Council confirms. He stated he did not understand Cm. Moffatt's objective. Cm. Howard Stated she had several telephone calls this week. She asked about potential conflicts With people who sit on the various sports boards. Mayor Houston used an example of one of the people who sits on the board of the soccer group and if the Commission were talking aboUt fees for the group. Ms. Silver cited as an example if the City had agreements to do some work on the Dublin Sports Grounds and if a Commissioner is on the board of one of the groups utilizing the DSG, that COmmissioner would have to disqualify themselves on this item, but it would not prevent the City from entering into an agreement with the group. The Commissioner would need to abstain. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 36 Mayor Houston stated mostly, conflict of interest issues deal with money and this Commission does not set fees. The City Council often overrules on other recommendations also, so their decisions are usually not final. Mr. Ambrose advised that the City Council recently changed their policy and in some cases, the Commission does set fees. They set fees for all the classes. Mayor Houston felt the safest thing would be if fees are involved, they should abstain. Ms. Silver advised that if there is a conflict of interest, she would have to look at the facts of each individual situation. There are various tests that are required. cm. Burton stated the Council wants people with expertise, so it's likely there will be occasions when people come to the Commission who may oCcasionally have conflicts because of their backgrounds. Randy Cahn who is currently a Parks & Community Services Commissioner addressed the Council and stated he was one of the lucky ones who got a 2 year term. The P&CS Commission hears from community groups regularly and they have recommended fee increases and decreases for the various groups in the last 4 years. He felt strongly that 4 years ago, people were interviewed and then people were confirmed. He felt he had served the community well in the last 4 years. He felt he brought excellent qualifications to the Commission and pointed out that he does not serve any special interest group. The new process seems to be self-serving to the new Mayor only. He did not feel his application was fairly reviewed. The procedure needs to be seriously evaluated. Councilmembers should be able to provide input in order to make sure that the most qualified individuals are asked to serve. Leslie Roe, 7147 Hansen Drive stated she was shocked by Mr. Cahn's comments. It is the law that says the Mayor has the legal right to appoint representatives. She trusts his judgment. The City Council has a right to approve or disapprove the candidates. This is a very fair process and with the staggering, we have continuity. It is fair and it is legal. Cm. Moffatt quoted the Government Code Section related to appointments. The City Council does have a direct interest in developing and appointing to Commissions and Committees. The appointments are made with the understanding that the City Council does have to approve them. Mayor Houston stated it was not appropriate for Cm. Moffatt to cross-examine anyone and he thanked Ms. Roe for her comments. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 37 Jack Hughes, Maple Drive, stated he supported Guy Houston for Mayor. He was disappointed at the last meeting that the City Council did not approve the Mayor's appointments. They understand the process and the Mayor is going along with it. The City Council should back up the Mayor and get some harmony gOing. Cm. Moffatt asked if he wanted the Council to be a rubber stamp. Mr. Hughes replied definitely not; the community is looking for change. Marsha Vonish stated people voted for a Mayor in this town and he has a right to appoint people. She asked why the Council is giving him such a hassle. Sean Hensley, Peppertree Road stated he did not vote for Guy Houston and was glad to see that the Council is keeping things in checks and balances. He has lived all over the world and has seen how dictatorships work and it's a great thing to have the City Council keep the Mayor in balance. Andor Koval, a 12 year citizen stated he also believes in a system of checks and balances, but pointed out that Guy Houston was elected for change. He supports Mayor Houston and felt he is doing a good job. He also supports the Council. Marjorie Wong-Gillmore, Bloomington Way stated she was one of the nominees. She has lived in Dublin for 6 years and basically she came here because this is a very spirited community. She stated she took offense that the Mayor's appointments would be for special interest purposes. She likes working for her community. Dublin Little League, as a whole has gotten more involved in community activities. They bring in a lot of community sponsors. She has asked for a lot of things before the City Council, and all of these things have contributed to the City. She is now working on and setting up and organizing a girls softball league for Dublin. She has been a banker for 14 years and hopes this experience will be good for the Commission. She has a lot of pride in the City and wants to make Dublin a better place to live. The only thing constant is change. We all have to work together. She would like to see the Parks& Community Services Commission work much closer with the SchOol District. George Cramer stated he also is one of the Mayor's appointees. He is the current Vice President of the Dublin Soccer League. He did not feel there is a conflict. His company sponsors a softball team and his family is involved in all the programs in Dublin. He looked forward to serving. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 38 Margaret Garlock, Langmuir Lane, President of the Dublin Little League stated the Mayor's 3 people are well known in the community. You really do not even know who is on the Commission except for Steve Jones. They're not visible and active out in the community. Jeff Chapman stated he is the third potential appointee and stated short of asking the Council to be a rubber stamp, he urged them to just look at the qualifications of the people the Mayor is recommending. There are no shortcomings on the part of the others; just look at their qualifications. He was a sports writer for 20 years for the Oakland Tribune and believes he brings something to the table. He works for the Golden State Warriors. He stated he would appreciate being appointed tonight. Mabel Raglin, Larkdale Avenue stated she has been a resident for 32 years and has seen a lot of stagnation in City government. A lot of people probably read her letters to the editor and she assured everyone that there will be others forthcoming. The Council can't pull rank here. We have a Mayor that deserves all our respect. He has this right. Cm. Burton stated he felt they were personalizing the policy. This policy is established by the State and this goes with the job of Mayor. It's a shame that personalities have gotten involved. So much time should not have been spent on this. After the motion was made to confirm the appointments, Cm. Moffatt stated he would like to vote on each one separately. Mayor Houston stated he would not allow this. On motion of Cm. Burton, seconded by Cmo Barnes, and by unanimous vote, the Council confirmed the appointments of Jeffery Chapman, George Cramer and Marjorie Wong-GJllmore to the Parks & Community Services Commission. Distribution of City Council Aqendas (610-10) Jack Hughes, Maple Drive stated not so many years ago, people could sign up for $12 a year and request an agenda. Now it is $44 and this does not compute. If the City wants better participation, it should have a more nominal fee. The public finds out about things 2 or 3 days after the City Council meeting. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 39 Mayor Houston pointed out that many times, Staff is working on what is going to be on the agenda well after.Thursday evening. The agendas are often mailed on. Friday. CTV 30 might be able to put the agenda on the air so people can see what's going on. He also suggested that the newspapers publish the agenda, but they don't seem to like this idea. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: (NO minutes were' on the agenda for approval.) Ma,vor/-/ouston noted that the Council had not approved minutes for the December 2Z,, 1994, and the January 9, !995 meetings. He inquired as to when these minules would be completed. Accepted the Civic Center Cabling Project as complete (600-30) and' authorized final payment of $18,433 to Johnson Controls (including Change Orders # 1 and #2); Approved the Warrant Register in the amount of $1,652,627.18 (300-40). Cm. Bur/on requested that the item dealing w/th the Council rules be pul/ed from the Consent Calendar for discussion. W/th regard to the DHA meetings, he did not feel that the direc#on was for ail the meetings to be held at Arroyo Vista, but rather the regular meetings would con#nue to be held at the Civic Center. ?hey would only meet occasionally at Arroyo Vista. On motion of Cm. Budon, seconded by Mayor Houston, and by unanimous vote, the Council adopted RESOLUTION NO. 2 - 95 AMENDING RESOLUTION NO. 120-94 ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN (610-20 - Starting Time) CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 40 Also as part of the motion, the Council directed Staff to notify the DHA Executive Director of a change in DHA meeting time in order that the necessary amendments to DHA Bylaws may be prepared; PUBLIC HEARING EASTERN DUBLIN REORGANIZATION - ANNEXATION/DETACHMENT NO. 10 (620-20) Mayor Houston opened the public hearing. Senior Planner Cirelli presented the Staff Report and advised that this item is for the adoption of the final resolution ordering: 1 ) the annexation of 1,538 acres to the City of Dublin; 2) the annexation of approximately 1,542 acres to the Dublin San Ramon Services District; and 3) the detachment of approximately 1,029 acres from the Livermore Area Recreation and Park District.' Mark Bigelow, Hansen Drive, stated he is a 10 1/2 year resident. He was really tired of the delays on this project. It has cost thousands and thousands of dollars; money that could have been used to build a new gym for teenagers. According to his calculations about 1/4 of 1% of Dublin residents are members of the Sierra Club, the group that's been trying to block this. $10,000 was wasted by the delay at the last LAFCO meeting. He requested that the City aggressively pursue SLAP suits or whatever is necessary to avoid further delays. Let's get things over with. Every time we delay, the price for the businesses goes up a little more, and homes cost a little more. Let's go after them and not let a little minority group' keep us from what we need to do. Robert Patterson stated if he says everybody is for this thing, he did not look at the results of the referendum election and how close the numbers were. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 3 - 95 ORDERING TERRITORY DESIGNATED AS "PA 94-030 EASTERN DUBLIN REORGANIZATION (ANNEXATION/DETACHMENT NO. 10)" ANNEXED TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICES DISTRICT AND DETACHED FROM THE LIVERMORE AREA RECREATION AND PARK DISTRICT CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 41 PUBLIC HEARING ' NEGATIVE DECLARATION FOR DUBLIN BOULEVARD WIDENING PROJECT (820-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that in 1990, the City Council held a public hearing to receive comments regarding the Environmental Assessment for the Dublin Boulevard widening project; however, no formal action was taken at that time. This is a housekeeping item to formally adopt the Environmental Document as a Negative Declaration. Cm. Burton asked if all the businesses had been satisfied on this. Mr. Thompson stated the City is offering to purchase the pieces and Staff will be coming back soon to file a resolution of intent. We still have to go through this process. Mayor Houston Closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 4 - 95 ADOPTING A NEGATIVE DECLARATION AND FINDINGS OF DE MINIMIS IMPACT ON WILDLIFE FOR THE DUBLIN BOULEVARD CAPACITY IMPROVEMENT PROJECT AND TO RATIFY PREVIOUS APPROVAL OF THE PROJECT PUBLIC HEARING - SANTA RITA COMMERCIAL CENTER PLANNED DEVELOPMENT REZONING AND DEVELOPMENT AGREEMENT PA 94-001 1450-30/600-60) Mayor Houston opened the public hearing. Associate Planner Jeri Ram presented the Staff Report and summarized that this Planned Development Rezoning would allow an approximate 800,000 square foot shopping center on the 75 acre site at the southeast corner of Dublin Boulevard and Hacienda Drive. The associated Development Agreement, Mitigated Negative Declaration and Mitigation Monitoring Program have all been prepared for consideration by the Council. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 42 Homart Development Company and the Alameda County Surplus Property Authority are requesting approval of a rezone of 75 acres from Planned Development - Business Park/Industrial (Iow coverage) to a General Commercial Planned Development. This project has a General Plan and Specific Plan Designation of General Commercial. The project is proposed to be constructed in two phases. The first phase includes 500,000 square feet, and the second 300,000'square feet. The first phase would be closest to the intersection of Dublin Boulevard and Hacienda Drive. A Development Agreement between Homart Development Co., Alameda County Surplus Property Authority and the City of Dublin is part of the project. The Development Agreement includes traffic, noise and public facilities impact fees, phasing of infrastructure construction and future creek improvements among other items. A Mitigated Negative Declaration and Mitigation Monitoring Program have been prepared for this project. The applicants plan to begin construction on the site in April of 1995, with a proposed opening in October of 1995. Under the Analysis portion of the Staff Report, the following sections were reviewed: Planned Development Rezoning; Development Agreement; Roads; Public Facilities Fee; Noise Mitigation Fee; Traffic Impact Fees; Creek Improvements; Changes to the Development Agreement; Mitigated Negative Declaration; and Fiscal Analysis. The Planning Commission held three public hearings on the project. In addition to the Planning Commission's recommended approval of the Mitigated Negative Declaration, Mitigation Monitoring Program, Planned Development Rezoning to a General Commercial Planned Development and the Development Agreement, in response to items raised by the East Bay Regional Parks District, the PC has recommended that the _ City Council: 1) support, in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the East Bay Regional Park District on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. The City Council could indicate by minute action its support for these two items. Mayor Houston asked if there were any detailed drawings of what the buildings will look like. Ms. Ram stated they had not yet received a submittal and she understood that they plan to submit an application within the next couple of weeks. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 43 Cm. Budon questioned why the site development review wasn't done at a public meeting, but rather by a Staff review. This is our gateway. We don't have a front door and this is important. He stated he did not want to hold the project up, but felt the site review should be more of a public situation. Store fronts are very important. Ms. Ram stated the Specific Plan gives good guidelines regarding the type of development we are looking for. The .guidelines were revised and modified with community input. Cm. Burton felt they should spend some money on what it is going to look like. Cm. Moffatt asked if it would be possible to have information given to the City Council and displayed publicly within the appeal period so that if there are problems, it could be appealed. Mr. Ambrose stated the City Council could make it a condition of their action tonight that the site development architectural review come back to the Council. Mr. Tong stated they typically notice items for public review, but this would not be brought back for a' public hearing unless it was required by the Council. Mayor Houston stated we need to see what it will look like. Mr. Ambrose stated Staff could set up the SDR portion for the City Council to review. Mr. Tong stated they could bring it to the City Council as a condition of approval. Mayor Houston confirmed that this was what they wanted. Elliott Healy asked if, in the eastern development area, the City has any general guidelines as to a particular type of structure. Will they have a uniform look? Mr. Tong stated the City has not established an architectural theme, however, we do have specific adopted guidelines which call out the quality of the design and. the need for the design to be consistent. These guidelines were adopted in the General Plan. Adolph Martinelli, Alameda'County Planning Director said they are happy to bring forth this first project. The County annexed the Santa Rita proPerty to the City in 1986. This site is directly north and acrOss the freeway from 130 acres designated for commercial in Pleasanton. They have conceptually worked with an understanding that the efforts CiTY COUNCIL MINUTES vOLUME 14 REGULAR MEETING January 23, 1995 PAGE 44 of the County must fit in with the requirements of the rest of eastern Dublin. They have committed over $10 million to build the backbone infrastructure. This project is extremely important to carrying out a logical and orderly development in eastern Dublin. Without this project, costs for the rest of the area would be prohibitive. They will retain in escrow the funds to build the frontage improvements. They have agreed to contribute 15 acres to BART and 2 acres for parking. This was the site of the old Santa Rita Jail. They spent $1.7 million in clearing this site in order to move forward. The County has also contributed right-of-way for the construction of Hacienda Drive. In summary, he stated they are confident the Homart ProJect will meet the City's standards. Cm. Burton asked if there had been any discussion of developing a theme. Mr. Martinelli stated the Specific Plan sets design standards. The theme will have to do with street landscaping, etc. The conceptual designs are consistent with the standards in the SP. They have not set an architectural motif for the pro]eot. Homart is negotiating with tenants. The architectural theme is evolving as they go along. Glen Anderson with Homart Community Centers thanked Staff for all their work over the last 7 or 8 months on their project. Their entire team was present tonight and available for questions in the various areas. Homart is a subsidiary of Sears Roebuck & Co., and was started in 1959 as the development arm. They specialize Jn community centers. In 1993, they built about 2 million square feet of commercial and a similar amount in 1994. Homart prides themselves in building quality centers with a unified design theme. They agree that the City Council should be able to participate in the design review process. They will bring forward their elevations as they are developed. Mr. Anderson showed slides of several of their projects. They have hired what they believe is the leading architectural designer in California. Cm. Burton stated they should be aware that Dublin has a character. Everyone becomes Irish on one day of the year. Emerald is another thing that could be projected. Al Hunter suggested that maybe we should have them investigate and address the .design to see if we could mitigate the graffiti problem in Dublin. Maybe it could then be added to future projects. Carolyn Morgan stated they have been waiting a long time for this. The only thing holding up the project was that the County had not cleared it. She reminded the CiTY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 45 Council if it is bad, they will be blamed for it. The City should also be interested in what the back of the project looks like. Landscaping is also very important° Perhaps we could get away from the standard colors and go with a nice shade of green. There is no theme for eastern Dublin and this is one of the things theY have argued about since 1987. It is important for the City Council to retain their right to reject approval for any building that goes up. Marjorie LaBar commented, "Finally, at long last; thiS project is long overdue." She was very pleased to see this project go forth. She also urged the City Council to retain design review and to make it a public hearing. It should be well publicized as this is our front yard. We have a chance to see what the City Council promised the citizens when individual projects came up. John DiManto distributed a one page comment letter with 12 suggestions regarding the 75 acre Homart Rezone. Included in the comments were his objection to the magnitude of the project, because if it is approved in its present form, it will have an economically devastating impact on the existing West Dublin merchants. If the 75 acres are developed within the next 3 years, it will have a tremendous adverse economic impact on the implementation of the East Dublin Specific Plan as it will be set back about 5 to 10 years. Fie also felt Homart should be required to produce a scale model of the entire project for public review and comment. He also questioned Staff's preliminary conditions of approval for the project architecturally and aesthetically. Cm. Burton thanked Mr. DiManto for his comments and stated the City looked forward to him bringing 'n a project on his 80 acres. Tom Ford expressed concerns about affordable housing. Most of the air rights are very poorly utilized and these air rights could be nicely utilized if they were dedicated to senior housing. Services could be developed to serve this population. The City has an opportunity to use some creative thinking. He hoped that in a year or so after a lot of time has been devoted to this project, we don't end up like the K-Mart project in Livermore with things held up because they didn't do their financial homework. He stated he was a little embarrassed being a Dublin resident because the Council really doesn't know where Dublin's downtown actually is. Mayor Houston closed the public hearing. Ms. Silver advised that regarding the comments related to having the SDR come to the Council, Staff had drafted some language to be included as Condition #38 on Page 9 CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 46 of the resolution approving and establishing findings and general provisions for the PD rezoning (Exhibit I). Condition #14 on Page 7 of the same resolution should also be revised to provide that the City Council rather than the Planning Department would provide the SDR approval. ConditiOn #38 would read, "Notwithstanding Sections 8-95.0 et seq., of the City's Zoning Code and Section 8-95.060 in particular, the City Council shall be the approving body for the Site Development Review application for the Santa Rita Commercial Center Project (PA 94-001 ). The City Council shall consider the Site Development Review application at a public meeting and shall make the findings pursuant to Section 8- 95.070. Notwithstanding Section 8-95.090 of the Zoning Code, the decision of the City Council on the Site Development Review application shall be effective immediately. Any waiver of Site Development Review shall be consistent with Section 8-95.100. Notwithstanding Section 8-95.110, any revision or modification of the Plan approved shall be heard and decided by the Planning Director." The revised Condition # 14 would read, "Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval from the City of Dublin City Council for PA 94-001. Said application for SDR approval shall include a visual survey to ensure scenic vistas as identified in the Eastern Dublin Specific Plan and FEIR are not blocked." Ms. Ram indicated for the record that a letter had been received today from Cassidy & Burgess. Cm. Moffatt made a motion, which was seconded by Cm. Howard to approve Staff's recommendation. With this motion still on the floor, the Mayor called for a motion on the issue. Cm. Burton then made a motion, which was seconded by Cm. Barnes, and which Passed by a unanimous vote, to adopt RESOLUTION NO. 5 - 95 APPROVING NEGATIVE DECLARATION AND MAKING FINDINGS REGARDING ENVIRONMENTAL IMPACTS CONCERNING THE SANTA RITA COMMERCIAL CENTER CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 47 and waived the reading and introduced ordinances: 1) amending the Zoning Ordinance to permit the rezoning of real property located at the southeast corner of the intersection of Dublin Boulevard and Hacienda Drive; and 2) approving Development Agreement for the Santa Rita Commercial Center. The Council also continued the item to an adjourned regular meeting to be held on January 31, 1995. GARBAGE AND RECYCLING SERVICES DRAFT REQUEST FOR PROPOSAL AND DRAFT AGREEMENT (810-30) AdmJnisti'ative Services Director Rankin advised that the current agreements for solid waste collection and disposal, as well as recycling services expire in March of 1996. The City's Consultant has assisted Staff in preparing a Request for Proposal which will seek bids on a variety of services. Alternatives are presented in order to obtain costs on services not currently provided. The Consultant has also prepared a Draft Agreement outlining terms and conditions. Also, at a previous meeting, the Council requested an opportunity to reconsider the procurement process for obtaining these services. Mr. Rankin reviewed the summary of key service options to be solicited in the RFP. These included: Residential Garbage Collection Options; Options to ~Change the Frequency of Special Clean-ups; Expand Recyclable Materials Collected by Curbside Program; Commercial Recycling Program; and Residential Green Waste Collection. The City will be seeking proposals for a firm to provide services for an initial 7 year period. Based upon the current cost of garbage and recycling services, the cost of this agreement over the next 7 years is estimated to exceed $17 million. In summary, Mr. Rankin requested that the City Council receive input on and provide direction on: 1) Service Options; 2) Request for Proposal Evaluation Criteria; 3) Draft Agreement Key Terms; and 4) Method of Procurement° Cm. Moffatt noted that the RFP is to be in place for one year before the changeover. He asked if the companies need a year to gear up. Mr. Rankin stated actually, it will be about 9 months if we are able to negotiate an agreement by June 30th. There is a long lead time on purchasing capital equipment. Staff feels they are actually pushing it with 9 months. Cm. Moffatt felt that both Waste Management and BFI are large companies and they should certainly have the equipment to do this. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 48 Scott Hobson, Consultant, explained that in their experience, we are not doing this too soon. There may be some things that might delay the actual award of the contract. There are lead times to purchase new equipment, new containers, etc. There needs to be a plan executed which may provide services which have not been done before day one of the agreement. They actually recommend 18 months to 2 years in advance. There is not a significant excess of time. Cm. Burton asked if there was some financial reason why 7 years was selected ana not 10 years. Mr. Rankin said 7 years is calculated for depreciation of the equipment. Cm. Burton stated he would like to see backyard pickup service continued in the RFP because of hardship cases. He asked if this would be in the RFP as an option to the City. Mr. Rankin explained that the way the costs will come back will be a cost for the entire contract. Through a process, we would review what rates generated the revenue. They are asked to provide alternative cases where necessary. Cm. Burton stated his point was the special needs should be included in the RFP. Mr. Rankin referenced Page 15 of the Draft RFP which addressed this. Option A would be current service and Option B would be automated service. Mayor Houston asked if we would be locking ourselves in or if we are just asking for different alternatives. Mr. Rankin stated we will get a price to do backyard service and we will get a price on the other option if they are able to go automated. Mayor Houston stated he just wanted to make sure that we can choose in the end and that our options are open. Cm. Moffatt asked if this will be a mix and match type thing. Mr. Rankin stated on the automated, it would be an either/or situation. On the recycling, it could be more flexible. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 49 Mr. Ambrose stated the purpose at this time is to see whether anything should be included or deleted from the RFP. Cm. Moffatt stated he would be interested in knowing the dumping fees for pec~ple with pickup trucks that take their garbage to the landfill. Mr. Rankin explained that at some of the landfill facilities, ratepayers have subsidized them and they therefore get special rates. Pleasanton ratepayers constructed a facility and they feel they should get a break, tt would be hard for a bidder to incorporate this. We have tried to address this by providing 4 cleanups per year, plus people can get a handy hauler. Mayor Houston asked how the quality of service is factored in. Mr. Hobson stated one of the things they wil look at is for proposers to provide examples of where they have provided similar services to other jurisdictions. They will follow up on references. This would be one means of determining whether they have the experience of providing the services. They are very familiar with the large companies and with some of the regiona or local companies. They know the type of service they provide and they would balance the information. Mayor Houston asked if he had ever been involved in a situation where the lowest price did not get the bid. Mr. Hobson stated yes, he had seen this happen. Ingrid Register, Sutton Lane thanked the Mayor for letting her call him. She really likes the service we have now and would like to see us not settle for less. She asked if residents will know what the increase will be if grass pickup is decided on. She likes the bonus trash days. Mr. Rankin stated the cost of the yard waste program wil be one price increment, so we will know what that price is. Bob Dillon, Via Zapata discussed the fact that a couple of months ago, BFI implemented a plan in Fremont. They came in Iow and then rates went up. His aunt had a problem and it took her 3 weeks to get her garbage picked up. He cautioned the City to look at the numbers Carefully. Newark is going through the same process. He urged Dublin to contact both cities. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 50 Elliott Healy, Betlen Drive felt that perhaps the people evaluating this are missing a source. They should survey people in the area to get their opinions. He also heard about someone who lives in Fremont who had a lot of problems with BFI. Gaye Hyde, Prince Drive resident for 25 years, stated she couldn't believe she was down here.on a rainy night to talk garbage. The service is so good, she takes it for granted. What brought this to light was the postcards she got from BFI. She was concerned about how they are already doing business. The second card only said we want to see the City go to bid. She questioned where the postcard was that says we would like to see the City negotiate and keep what we have. She complimented the City Council for their accessibility. She hoped the City Council did not feel the cards returned were a mandate. You could subtract 700 from all the houses in Dublin and say the majority want to stay the way we are. She appreciates the free pickups. The service is excellent and dependable. She likes the way Waste Management does business and doesn't like the way BFI does business. Dr. Bonish, Rampart Drive has lived here since 1963. He endorsed the previous speaker's remarks. The question is, what's broken? Frankly, he needs the exercise of taking his garbage out to the curb and he will be happy to continue to take his cans out. He took the opportunity to get his bill out and for January, February and March of 1995, his bill is $15.98. He felt Dublin has a sWeetheart deal as far as rates are concerned. He was opposed to the Council fixing anything that is not broken. Anna O' Brien, Valencia Street stated she was glad to hear that everybody is on her side in this issue. She is nervous about changing. The route men are wonderful. Roger Claig, Beverly Lane felt we need to look at green waste. He gave information about how San Diego handles their program. He felt Dublin was getting a great deal on trash service. Mayor Houston asked if all the different, recycling options would be available. Mr. Rankin stated the RFP was drafted to only add HDPE recyclables (milk jugs), but it could be expanded. Robert Patterson, Rolling Hills Drive stated he was concerned about green waste and also cardboard. He was sure there is money in this. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 51 Dave Greed, Kingston Place stated he was very happy with the current service. The special pickups are a very good idea. He urged the City Council to pursue a sole source proposal. Tom Ford, Tina Place felt the current service is excellent and the people are courteous. He felt the quarterly service special pickups should occur more often; maybe every other month. He endorses green waste. He has really cut down on the amount going to the landfill. Most people seem to be really happy with the current service. He asked if it would be economical to include the cost as part of the City's tax base. Mr. Rankin advised that the City currently collects on the tax bill for basic service. Any individual who requires additional cans is billed directly by the company° With regard to the gentleman who spoke earlier about his bill, this bill was for service over the base rate that's billed on his property tax bill. Bonnie Moss, Public Affairs Manager for BFI stated they expressed interest last fall to be able to bid in the competitive bid process. They are very interested in showing what they can do. Results of the survey have been distributed. An open competitive process gives the City a choice and gives a better deal to the citizens. She encouraged the City to put forth an open and competitive process as this is the largest contract the City will have. Mayor Houston asked how the survey was devised or put together. Ms. Moss responded they were very happy with the survey. They used a commercial list and it was sent to about 8,000 households. A 5% response rate is considered outstanding, and in this case, it was about 14%. In Newark they called and talked to many people and asked them to express their views to the Mayor and they gave out the Mayor's telephone number. Marjorie LaBar felt the local service is excellent. She doesn't mind taking the trash out to the curb. She was still concerned about a $17 million contract not going to bid. A lot of things could be talked about after we see what a competitive bid will do. Maybe Waste Management will take a closer look at their numbers if they know someone else is after the contract. She would like to see what happens with an open bid process. In the last election, the message was, no more of the same old same old. Mayor Houston asked what a competitive bid means and how it would work. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 52 Mr. Rankin advised the forms included asks them to put down specific prices. It is a sealed proposal. Because of the various alternatives, we won't be able to tell immediately how the proposals are structured. They will be asked to give us an annual number on the cost of basic service then options will be addressed. A period of time will be required to analyze the results. Cm. Barnes asked about the preproposal conference. Mr. Rankin stated this is mandatory. Anyone who intends to submit a bid must be at this conference. We would know who the players are at that time. Mabel Raglin, Larkdale Avenue stated she did not know we had a garbage problem. This is the first she had heard about it. We are already paying additional for recycling. She has not had one complaint in 32 years and they are very finicky. They garbage people have gotten a Christmas present for 32 years. The City Council people gave her an education on Saturday and she stated she really appreciated this. Dan Borges, LDD General Manager stated their company has serviced the City for over 33 years. Dublin had the foresight to start one of the first curbside programs in Alameda County. Every year they collect more material than the previous year. The program is good and the citizens take recycling seriously. Dublin will be looking at additional programs in the future. They are ready and have the expertise and look forward to providing the programs in Dublin. LDD has been active in the community and the Chamber of Commerce recently honored them for being a member for over 35 years. They are involved in the Dublin Fine Arts Foundation program. The success of the recycling programs lies in the children. They work closely with the schools to promote recycling. They support FFA, 4-H programs, and the Dublin Historical Preservation Association. They also enter their recycling truck in the annual St. Patrick's Day parade. They got petitions and residents to sign saying they wanted to keep LDD as their provider; they got 1,100 signatures. They asked for an opportunity to negotiate a new contract with the City. Copies of the survey petitions were passed out to the City Council. Cm. Burton Stated even though Dan is a fellow Rotarian, he was the one whO called for reconsideration on this issue. It appeared to him that it would look bad down the road if someone questioned how we got to this point. This is a complicated issue. He felt it important as public policy to go to bid. He asked what difference it made to LDD whether we go to bid or negotiate. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 53 Mr. Borges stated the difference is cost for a consultant looking at the different proposals. In the end, it will save the ratepayers money to not go to bid. Cm. Burton stated rather than being accused of backroom negotiating, he felt public policy dictates that the City go to bid. Mr. Borges pointed out that they have a proven track record. Cm. Burton reminded him that all these things would b.e taken into consideration. Cm. Moffatt discussed the current rates and the fact that we are about 'one-half the price of some of our neighboring communities. Castro Valley - $9.95; Dublin -$8.63; Clayton - $26.75; Concord - $23.25; and Pleasanton - $18.93. We are really getting a good economic deal. Tanya Clark, Gardella Drive stated she is a 30 1/2 year resident. She was happy to know that a lot of people are satisfied. She has had a few complaints, over the years, however. It took 4 telephone calls and 9 weeks for her to get the recycling bins. She has had the lid left off her garbage can. Another problem she has had is when she puts her bins out with the recycling bottles, they only pick up the softdrink bottles, even though the others say PET on the bottOm. Regardless of what company we go with, it still should be put out to bid. Our Country is based on a free enterprise system. We need to watch monopolies. Give it a chance to work. She suggested that in the RFP something be included for a smaller can with a slightly less rate. A 20 gallon can would be nice° Andor Koval felt the service we have is pretty good. He questioned why the bid only comes up every 7 years and felt maybe it should be every couple of years. Once the contract is awarded, we are locked in for a long time. This could give us more options. Mr. Rankin advised that 7 years is the shortest time you can go because the company has to recover its capital costs. They would be required to charge initially a higher cost. With regard to comparing rates, this is difficult in part because a lot of cities have added Other things into their rates. The City's current rates do not include the 17.9% requested by the current provider. Dr. Bonish asked if it was privileged information how much the City is paying the consultants. He questioned if the citizens of Dublin will have a voice in the selection of the vendor to perform the service. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 54 Mro Rankin advised that the current contract is for $29,000 up to the negotiating phase. It is then billed at an hourly rate with a total contract amount of approximately $45,000' on a $1 7 million contract. Mayor Houston felt it was important for people to understand that we are going to have a consultant regardless. The selection would be made by the Council at a public meeting. Cm. Howard stated she thought it should be opened up. Cm. Barnes thanked everyone for their input. Some of the people who signed the postcards said they liked the current service. They also signed the sheets to keep LDD. The City will be spending almost $20 million and she did not feel anyone would spend this much money without going out to bid. This is a really important issue. She loves Waste Management, but felt with this much money involved, the City should request bids. This is just a good practice to follow. Cm. Burton added that it is good public policy in order to be above reproach. Cm. Burton made a motion to go out to bid. Mayor Houston stated he was not ready for a motion. He wanted everyone to know that we need a consultant either way. We have good service. We have something that works at a good price. We should add the plastic bottle situation and look at all the options. When we discussed this previously, there was precedent in Dublin to not go out to bid. Last year the City Council reviewed Building Inspection Services and did not go out to bid. He felt we should continue to try to negotiate for a contract with the current provider. If there is a problem, we can always go back and revisit this. They should have the first shot. He would like to see us negotiate with Waste Management first. On motion of Cm0 Moffatt, seconded by Cm. HowarcJ, and by majority vote, the Council authorized sole source negotiations and determined that the RFP should be directed to ONLY Livermore-Dublin Disposal. Councilmembers Barnes and Burton voted against this motion. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 55 PROPOSED TEEN TASK FORCE 1950-80) At the January 9, 1995, City Council meeting, Cm. Barnes requested that the matter of a Teen Task Force be placed on the agenda for consideration. The proposed TTF would be comprised on the following representatives: 2 Students each from Dublin High School, Valley High School, Valley Christian School and Wells Middle School; 1 Community Member; 1 Chamber Member; 1 School District Staff Member; 1 Parks & Community Services Department Staff Member; 1 Parks & Community Services Commissioner; and 1 City Councilmember. This would provide for a total of 14 members. The charge of the TTF would be to: 1) inventory what is available to teens in this community and rate these items; 2) inventory what is available in the neighboring communities and rate these items; 3) identify what is needed in the City of Dublin; and 4) setting aside all thoughts of cost, location, etc., identify what the TTF would like to see in our City. Staff recommended that the City Council appoint a member of the Council to serve on the TTF and direct Staff to advertise for opening on the TTF. Cm. Barnes reiterated that the teens should be asked to dream and to come up with a list of what they would like. Cm. Howard felt they should know that just because they wish for it, it doesn't mean they will get it, however. Cm. Barnes felt that if more than 2 per school apply, we should go for it. There must be more students than adults on the task force. Mayor Houston stated we will be advertising this in the newspapers and we should take all who are interested. We should open it up and we should not limit it to a certain number from each school. He suggested that Cm. Barnes head this up. Betsy Chapman stated they agree that there should be more than 2 students per school on the task force. Wells has 800 students and there's no 2 students who know everyone. This is for the kids and they know what they want so they should be allowed to come. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 56 Nicki Millard, Crossridge Road said we need more kids. There are over 30 kids in the leadership class and they would all want to be on this. Kids do want to participate in this. They are really motivated by this. Lisa Manskie, Rolling Hills Circle felt we should have a larger number of students on it and suggested 20 or 30 from each school. Trisha Meyer, Calle Verde Road agreed that a lot of people have ideas that could be used. Cm. Burton pointed out that there is a junior high and a high school at the Valley Christian campus. Mayor Houston felt that anyone who wants to can apply, and there would be one Councilmembero The list as suggested in the Staff Report has no validity. Hopefully, there will be lots of Chamber of Commerce members. Cm. Barnes felt the best way would be to send a letter to each of the schools and advertise in the newspapers. Mayor'Houston added that the service organizations should also be contacted and the Chamber should get a letter. Cm. Burton felt people will contact Diane Lowart, in Parks & Community Services and Cm. Barnes will take telephone calls. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by unanimous vote, the CoUncil approved the formation of a Teen Task Force with unlimited membership and appointed Cm. Barnes as the City Council representative and directed Staff to advertise for openings. 1995 GOALS & OBJECTIVES/BUDGET STUDY SESSION (100-80) No discussion took place on this item. It was continued to the adjourned regular meeting to be held on Tuesday, January 31, 1995. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 57 PRELIMINARY REPORT ON GARBAGE RATE INCREASE REQUESTED BY WASTE MANAGEMENT OF ALAMEDA COUNTY (810-30) Administrative Services Director Rankin presented the Staff Report and advised that the City participates in a joint review of garbage rate applications with several agencies serviced by WMAC. The Consultant has issued the recommendations for 1995 rate. adjustments. The report outlines various factors contributing to an estimated 17.9% increase in operating expenses. Mr. Rankin discussed the key factors affecting WMAC's request for increased revenues. These related to a change in profit calculation methodology, companywide landfill profit, calculation, companywide calculation of collection profit, financial impact of revised profit methodology on Dublin revenue requirement, collection labor costs, disposal costs and projected impact of changes in service levels. As detailed in the Staff Report, Mr. Rankin discussed: 1) unresolved closure post closure costs; 2) balancing account; and 3) recycling rate adjustment. Mr. Rankin stated Staff recommended that the City Council direct Staff to prepare the necessary documents to consider a rate adjustment at a public hearing scheduled for February 13, 1995. Staff will need to prepare schedules allocating the Projected 1995 Revenue Deficiency among the various classes of service (Residential, Commercial and Drop Box). Cm. Burton asked what we are supposed to do when we don't agree with some of these price jumps. Mr. Rankin stated about 60% of the changes were as a result of the methodology used for determining their profit. Mr. Borges stated for the last 4 years, the record shows that the profit received has not been adequate compared with previous years. Everything Mr. Rankin had reported is true and accurate. He understands the decision to keep the $267,000 in the balancing account, but if this were to be used, the increase could be brought down to 6%. This could be included in the negotiations. There may be a way to deal with this in the negotiations. Mr. Rankin advised if the same methodology were used, the consultants projected it would be a 12.3% increase. The operating ratios that were being used as a sample to look at was Keller. CanyOn and the consultants felt that was not an appropriate measure so they looked for a different sample. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 58 Cm. Burton asked if we have an alternative to this. Mayor Houston asked if we have to get this on the tax bill right away. Mr. Rankin advised that they are talking about having a deficit of $400,000 for 1995, so the longer we wait, the higher the rate increase will have to be. Mayor Houston asked if this can be incorporated into the negotiations.-Three members of the Council just said Waste Management provides very good service, but this increase is very poor timing on their part. Mr. Ambrose stated the City has an existing franchise agreement that requires us to reimburse them for their services. This is why we do it on an annual basis. Cm. Burton asked who the $267,000 belongs to and commented that it wasn't appropriate to change the rules at this time. Mr. Rankin responded that the money belongs to the ratepayers. The other alternative would be to direct Staff to come back with an alternative that grants them a different level of profit. Cm. Barnes asked about rate increases in past years. Mr. Rankin stated they have bounced up and down. Part of this was due to Measure D. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council directed Staff to prepare documents necessary for a public hearing on February 13, 1995, to consider adjustments to the Solid Waste Collection Rate Schedules. NATIONAL SMALL BUSIN.ESS ADMINISTRATION TREE PLANTING PROGRAM 1995 (530-20) City Manager Ambrose advised that the Small Business Administration (SBA) Tree Planting Program funds grants to states for the purpose of stimulating small businesses and providing incrased job opportunities in local communities. The California Department of Forestry and Fire Protection (CDF) administers this grant program in California. CDF is accepting applications from state or local government agencies at this time for various tree planting projects. Grants are to be used for planting trees on lands owned or controlled by the agency applying for the grant. Applicants must make a match of at least 37% of the total project cost and pay a 20% administrative CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 199~ PAGE $9 fee. The match, or in-kind contribution, can include the costs associated with planning and administering the planting project as well as maintaining and caring for the trees during the 3~year maintenance period. Mr. Ambrose stated possible projects in Dublin as listed in the Staff Report include: 1) replace all missing trees in medians and sidewalks on Village Parkway, Dublin Boulevard, Amador Valley Boulevard and San Ramon Road and replace weak and damaged ash trees on San Ramon Road with a more suitable tree; 2) provide additional small trees on Wildwood in the Dougherty Road Assessment District; and 3) provide trees for windbreaks along the south side of the Dublin Sports Grounds adjacent to the freeway. Mr. Ambrose stated the total estimated project cost would be $95,815 with the total estimated cost to the City being $32,460. Cm. Burton asked if we get to select the trees. Mr. Ambrose stated Staff would make sure that local small businesses provide the trees. He pointed out that there is no guarantee that we will get this grant. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council directed Staff to submit the grant applicatione PROPOSED TRI-VALLEY TRANSPORTATION PLAN/ ACTION PLAN - EXPLANATION OF LAND USE ISSUE (1060-40) No discussion took place on this item. It was continued to the adjourned regular meeting scheduled on Tuesday, January 31, 1995. OTHER BUSINESS ABAG Subre.qional Pilot Proqram Grant (140-10) Mr. Ambrose advised that the Tri-Valley Council had gotten their Tri-Valley Subregiona Pilot Program grant and they will be holding their meetings at 7:30 a.m., here at the Civic Center. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 60 Councilmember Comments/Commendations (610-50) Mayor Houston stated he Wanted to compliment Mehran Sepehri who did a very good job at the Tri-Valley Transportation Council meeting. Mayor Houston commended the Police Chief for the report by Rose Macias on the flood damage. Cm. Barnes expressed her appreciation to the two ladies who put together the City Council packets because they worked very hard and delivered them in the rain. CLOSED SESSION The scheduled closed session related to a conference with Labor Negotiator Richard Ambrose related to unrepresented City employees was not held, but rather it was continued to the adjourned regular meeting to be held on Tuesday, January 31, 1995. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:52 p.m. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 61