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HomeMy WebLinkAbout07-06-1999 CC Adopted MinutesREGULAR MEETING – July 6, 1999 A regular meeting of the Dublin City Council was held on Tuesday, July 6, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmember Zika, Vice Mayor Lockhart and Mayor Houston. ABSENT: Councilmembers Howard and McCormick. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. City Manager (700-10) Mayor Houston pointed out that City Manager Richard Ambrose was absent this evening as he and his wife Claudia were celebrating their 25 Wedding th Anniversary. He congratulated them and wished them another happy 25 years. INTRODUCTION OF NEW EMPLOYEES 7:07 p.m.3.1(700-10) Ms. Carter introduced Nick Stevens, Information Systems Manager. Nick is a graduate of Columbia University and he and his wife reside in Danville. Ms. Lowart introduced Herma Lichtenstein, the City’s new Parks & Facilities Development Manager, who has over 12 years of experience with both public and private projects. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 389 Captain Thuman introduced Lt. John Hardester, who has been with the Sheriff’s Office for 18 years. He has a Masters Degree in Public Administration from Cal State Hayward. He is truly one of the bright minds in the Sheriff’s Office. John served in Dublin previously on two different occasions, as a Deputy and a Sergeant. CONSENT CALENDAR 7:12 p.m.Items 4.1 through 4.15 Vice Mayor Lockhart indicated she had a question about an attachment on Item 4.7. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 24, 1999; Adopted (4.2 600-60) RESOLUTION NO. 118 – 99 APPROVING PARCEL MAP 7287 (AUTONATION/EXTENDED STAY AMERICA SITE) Adopted (4.3 600-30) RESOLUTION NO. 119 – 99 APPROVING AGREEMENT WITH CCS PLANNING AND ENGINEERING, INC. FOR CONSULTING SERVICES I-580/TASSAJARA ROAD PROJECT REPORT CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 390 Adopted (4.4 600-30) RESOLUTION NO. 120 – 99 APPROVING AGREEMENT WITH JENNIFER LIN, ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY (ACSPA), THE MISSION PEAK COMPANY AND GREENBRIAR LAND COMPANY REGARDING PROJECT REPORT FOR I-580/TASSAJARA ROAD INTERCHANGE Adopted (4.5 360-50) RESOLUTION NO. 121 – 99 APPROVING PRELIMINARY ENGINEER’S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 and RESOLUTION NO. 122 – 99 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.6 360-20) RESOLUTION NO. 123 – 99 APPROVING PRELIMINARY ENGINEER’S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 391 RESOLUTION NO. 124 – 99 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) Received (4.8 330-50) the Financial Reports for April and May of 1999; Accepted (4.9 600-30) improvements under Contract 99-02, Sidewalk Repair (Remove and Replace); authorized $39,297.37 payment to J.J.R.Construction for their final invoice; and to release $4,366.38 retention after 35 days if there are no subcontractor claims; Accepted (4.10 600-30) improvements constructed under contract 98-02, sidewalk Safety Repair (Grinding); Accepted (4.11 600-30) improvements under Contract 99-03, Annual Street Repair and Overlay; authorized $277,652.23 payment to Bay Cities Paving & Grading, Inc., for their final invoice and release $46,802 retention after 35 days if there are no subcontractor claims; and approved the Budget Change Form; Adopted (4.12 360-20) RESOLUTION NO. 125 – 99 APPROVING PRELIMINARY ENGINEER’S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) and RESOLUTION NO. 126 – 99 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 392 Authorized (4.13 660-40) the Mayor to sign and send a letter opposing AB 670 in its current form, regarding the expansion of BART’s eminent domain authority for the purposes of establishing a Transit Village; Adopted (4.14 600-30) RESOLUTION NO. 127 – 99 APPROVING AMENDMENT TO AGREEMENT WITH ZUMWALT ENGINEERING GROUP Approved (4.15 300-40) the Warrant Register in the amount of $1,283,740.91. Vice Mayor Lockhart pulled Item 4.7 and stated she did not understand how the last page of the attachment fits in with this. Staff stated this obviously got hooked on by mistake. It had nothing to do with this subject. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council adopted (4.7 360-20) RESOLUTION NO. 128 – 99 APPROVING PRELIMINARY ENGINEER’S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) and RESOLUTION NO. 129 – 99 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 393 PUBLIC HEARING TRI-VALLEY SPCA, DEVELOPMENT AGREEMENT PA 99-004 7:14 p.m.6.1(600-60) Community Development Director Eddie Peabody stated they had talked with the applicant on this project and are now recommending that instead of continuing the item to the next meeting that it be tabled. A Development Agreement is required for the Tri-Valley SPCA project by the Eastern Dublin Specific Plan. The applicant, Oakland SPCA has requested that the project be continued because they are considering making changes to the site plan and building elevations. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council tabled this item. PUBLIC HEARING - ADOPTION OF ADJUSTMENT OF RATES FOR GARBAGE COLLECTION, DISPOSAL, & RECYCLING SERVICES PROVIDED BY LIVERMORE DUBLIN DISPOSAL 7:15 p.m.6.2(810-30) Mayor Houston opened the public hearing. Assistant to the City Manager Julie Carter presented the Staff Report and advised that current garbage rates became effective July 1, 1998. In accordance with the Agreement with Livermore Dublin Disposal, the adopted rates were scheduled to be reviewed for a rate adjustment July 1, 1999. The amount of the allowed adjustment is to be calculated in accordance with a specific formula. The actual percentage of increase depends on the type of service received. In all rate categories, the proposed City of Dublin rates are less than the average of the agencies surveyed. In accordance with the requirements of Proposition 218, approved by voters in November of 1996, notices were mailed to all parcel owners on May 21, 1999. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 394 Ms. Carter advised that the amount of the proposed rate increase varies depending on the type of service received. The increase is approximately 1% for most customers. The proposed rates will be effective for all services provided after July 1, 1999. The Staff Report discussed trends evaluated to develop the proposed rates, the total estimated revenues required, composition of waste stream by category of business, and a detailed comparison of current and proposed rates. Ms. Carter advised of the requirements under Proposition 218 and advised that at the time the Staff Report was prepared, the City had received a total of 6 protests from 5 different property owners. This number of letters is insufficient to override the adoption of the revised fee. Vice Mayor Lockhart stated a resident commented to her on the rate for single family residence being the same as a condo unit. She stated she understands the concern with the lack of lawns, but she stated she assumed this takes in the common areas. Annette Borges with LDD stated they are still going by and the areas that are not being collected are being collected by landscapers. It doesn't go away. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council adopted RESOLUTION NO. 130 – 99 AMENDING THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES AND ESTABLISHING MINIMUM SERVICE LEVEL FOR RESIDENTIAL CUSTOMERS CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 395 PUBLIC HEARING ASSESSMENT OF BASIC GARBAGE/RECYCLING SERVICES 7:20 p.m.6.3(810-30) Mayor Houston opened the public hearing. Assistant to the City Manager Julie Carter presented the Staff Report and advised that the annual fee for the cost of Basic Residential Garbage Services is collected on the property tax bill. The proposed 1999-2000 annual assessment is $120.60 per household (single family residence and each condominium/ townhouse unit; $241.20 (each duplex 2 units); and $120.60 times the number of units for each duplex with 5 or more units. In accordance with the requirements of Proposition 218, Staff sent letters to all residential property owners and a total of 6 protests were received from 5 different property owners. One person submitted two letters, one for each property he owns. This owner requests that garbage fees be billed directly to tenants rather than being billed with property taxes. The other four letters simply protest the fee increase. This number of letters is insufficient to override the adoption of the revised fee. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council adopted RESOLUTION NO. 131 – 99 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 1999-2000 CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 396 PUBLIC HEARING HERITAGE & CULTURAL ARTS COMMISSION 7:23 p.m.6.4(910-70) Mayor Houston opened the public hearing. Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that in June, the City Council approved formation of a Heritage & Cultural Arts Commission and directed Staff to prepare Bylaws and Rules of Procedure for the Commission. Revised bylaws were distributed which clarified the Mayor’s appointments. The H&CA Commission will be comprised of 7 members, all of whom shall be appointed by the Mayor with the approval of the City Council. Commission members shall be residents of the City and committed to furthering public art, and historical and cultural life in the community. Ms. Leonard stated Staff anticipates the following timeline: July 6Creation of Commission July 12Applications Available August 23Deadline for Applications September 7Appointment of Commissioners October 14First Meeting In order to provide compensation to H&CA Commissioners, adoption of an Ordinance is required. At present, Parks & Community Services Commissioners are paid $30 for each meeting attended to a maximum of two meetings in a calendar month. The new Commissioners would be compensated in a like manner. Mayor Houston asked if the other Commissions are paid the same amount. Ms. Lowart stated yes, it has been this amount since its inception. Mayor Houston stated he felt this does not seem adequate. He suggested that the Council look at whatever is necessary to consider increasing this amount. They could consider this in the future. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 397 Mary Beth Acuff, 8048 Via Zapata stated she has been chairman of the Heritage Center Advisory Committee many years and has enjoyed very much working with the City and the people on the Committee. They have moved from what looked like a hopeless situation to something very progressive. A City has to get to a certain point before it is ready to use its cultural heritage and contributions of its members to add to and enhance its position, and Dublin is at that point. She stated she is pleased to see this happen. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council adopted RESOLUTION NO. 132 – 99 CREATING A HERITAGE & CULTURAL ARTS COMMISSION AND ADOPTING BYLAWS AND RULES OF PROCEDURE FOR THE COMMISSION and waived the reading and INTRODUCED the Ordinance relating to compensation for the Commissioners. RESOLUTION OF INTENTION TO ESTABLISH RIGHTS-OF-WAY FOR PORTIONS OF TASSAJARA ROAD, GLEASON DRIVE, CENTRAL PARKWAY AND DUBLIN BOULEVARD 7:29 p.m.6.5(670-40) Mayor Houston opened the public hearing. Senior Engineer Kevin Van Katwyk advised that he was filling in for Lee Thompson, who is ill. Because Staff has not yet resolved all of the issues involved with this subject, they recommend a continuance to the City Council meeting of July 20, 1999. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 398 Mayor Houston closed the public hearing and continued the item to the July 20 City Council meeting. th REQUEST FOR AUTHORIZATION TO NEGOTIATE A CONTRACT WITH MEDIA CONNECTIONS GROUP FOR DEVELOPING TELECOMMUNICATION POLICIES AND ORDINANCES 7:30 p.m.8.1(600-30) Senior Planner Carol Cirelli presented the Staff Report and advised that the Telecommunications Act of 1996 redefines the telecommunications industry reflecting changes and rapid growth of telecommunications technologies during the early to mid-nineties. The 1996 Act also deregulates the industry stimulating competition among all telecommunication service providers, and permitting and encouraging the entry of providers into new service areas. As a result, the City began experiencing an increase in the number of applications to install underground and above-ground telecommunications facilities. Ms. Cirelli stated since telecommunications is a highly technical field and the Telecommunications Act of 1996 is sometimes difficult to interpret, Staff recommends hiring a telecommunications consultant, David Rozzelle, who can address the City’s immediate needs (process pending application and permit requests) and develop policies and ordinances that the City can implement over the long term. Vice Mayor Lockhart commented she thought at one point we were talking about doing something regional and asked what happened with that. Ms. Cirelli stated we hired a consultant out of Southern California who prepared an informational packet but not really a document that everyone was happy with. We wanted a model ordinance that each agency could implement and that never occurred. Other cities were moving at a different pace, so we decided to proceed on our own. Mayor Houston stated he felt it may be a good idea to let the other cities know what we are doing and perhaps we can all share information. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 399 Vice Mayor Lockhart asked if Mr. Rozzelle has any experience with the League of California Cities? They have done a tremendous amount of work on this around the state. They would be a good resource insofar as policies. Mayor Houston reiterated he felt it is important to keep the track open with the other cities and maybe we can come together and save some money in the end. Cm. Zika asked if they might be approached to share costs. Vice Mayor Lockhart stated she thought maybe the cities are each looking at it differently. Ms. Cirelli stated there will be some common areas. Every city is in a slightly different place. It was really hard to have staff work on it at the same time and keep the ball rolling. We have requests; and it is mostly a timing thing. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote (Councilmembers Howard and McCormick absent), the Council authorized Staff to negotiate a contract with Media Connections Group for an amount not to exceed $45,000. OTHER BUSINESS 7:36 p.m. Concert (950-40) Ms. Lowart reminded the City Council that the City’s second summer concert will be this Friday night from 7:00 p.m. to 9:00 p.m., here at the Civic Center. The band performing will be Encore and they play popular and Motown music, so it should be enjoyable. City Manager (700-10) Cm. Zika congratulated Mr. and Mrs. Ambrose on their 25 anniversary. th CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, 1999 PAGE 400 ( Happy Birthday (610-85) Vice Mayor Lockhart wished a happy birthday to Steve Lockhart who she said is sitting at home while she's here. Pool Slide [250-30) Mayor Houston asked when the slide will be going in at the Dublin Swim Center. Ms. Lowart responded that it will be installed after the swim season concludes this fall. It will be up and running for next year. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 7:39 p.m. Mayor CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 6, '~ 999 PAGE 40t