Loading...
HomeMy WebLinkAboutItem 4.1 Approve 11-25-1985 Minutes REGULAR MEETING - November 25 , 1985 A regular meeting of the City Council of the City of Dublin was held on Monday, November 25 , 19$5 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 lst 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 . CM-4-245 Regular Meeting 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 . CM-4-246 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 $529,477. 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 CM-4-247 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 $¢ 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 lst 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. CM-4-24g 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 , Village 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. 12$ - 85 SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT #7 NON PARTISAN ELECTIONS Cm. Hegarty and Cm. Moffatt voted NO on this motion. CM-4-249 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 1984. 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 1984 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 1984 National Electrical Code Ordinance . Voting NO on this motion was Cm. Moffatt . CM-4-250 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 4 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. CM-4-251 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. CM-4-252 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 held 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. CM-4-253 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. Mayor ATTEST: City Clerk CM-4-254 . Regular Meeting November 25 , 1985