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HomeMy WebLinkAboutItem 4.01 Approve 01-08-1990 Minutes (2) REGULAR MEETING - January 81 1990 A regular meeting of the City Council of the City of Dublin was held on Monday, January 8, 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 33 p.m. , by Mayor Paul Moffatt. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. Tract 5074 Susan Alves, 11541 Padre Way advised the Council that finally something had been done with the garbage coming from the Images Homes project. The developers have not yet, however, planted or hydroseeded the areas to return them to their natural state. Ms. Alves requested that this issue be placed on a future agenda as she did not feel that it was fair that they had to wait so long to get satisfaction. City Manager Ambrose advised that Public Works Director Thompson was ill and requested that Assistant City Engineer Lierly respond. Mr. Lierly advised that they have hydroseeded and erosion control is in place. It was his understanding that all the slopes which have been graded have been hydroseeded. Mayor Moffatt suggested that Ms. Alves get in touch with the Engineering Department for a status report. Cm. Hegarty felt the Council should direct Staff to bring back a report on the requirements of this particular project and see to it that they do what they were supposed to do. Cm. Hegarty felt that Ms. Alves should understand, however, that the City only has the ability to mandate certain conditions. Mayor Moffatt felt she should talk to the Engineering Department before she makes the decision to have the item placed on the agenda. Ms. Alves stated she would like it to be placed on an agenda, so she will know once and for all what is going on. CM - 1990 - 1 Regular Meeting January 8, 1990 ---------------------------------------------------------------------- COPIES TO: ITEM NO. �,�� � �, Park & Recreation Commission Appointment Mayor Moffatt announced that he had chosen a former Dublin High School student to fill the vacancy on the Park & Recreation Commission. Steve Jones is very involved with the soccer groups and Mayor Moffatt felt he would make a good addition to the Park & Recreation Commission. Alameda Countywide Transportation Plan Advisory Committee Appointments Councilmember Jeffery advised that the City of Dublin has 3 appointments to this Committee and announced that the appointments have been made. They are: Karen Seals, Roy Moret and John Schmitt. This Committee will be meeting 3 times during the next 9 month period. CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Adjourned Regular Meetings of September 7, September 17, and December 21, 1989; Denied a claim submitted by William J. Casey and directed Staff to notify the Claimant; Adopted RESOLUTION NO. 1 - 90 AMENDING RESOLUTION NO. 52-89 POLICY FOR THE INSTALLATION OF ADVERTISING BANNERS WITHIN PUBLIC RIGHTS OF WAY Accepted the City Treasurer's Investment Report for Period Ending December 31, 1989; Accepted the Financial Statements for Period Ending December 31, 1989; Approved Warrant Register in the amount of $635, 229.81 STREET LIGHTING REQUEST - GOLDEN GATE DRIVE Assistant City Engineer Lierly advised that the employees of SmithKline Laboratories on Golden Gate Drive have submitted a petition requesting installation of street lighting on this street. Mr. Lierly advised that the 1988-93 Capital Improvement Program contains a project to install street lighting in 5 locations, Golden Gate Drive being one. This CIP is currently proposed to be done in CM - 1990 - 2 Regular Meeting January 8, 1990 the 1992-93 Fiscal Year. The estimated cost of providing street lighting for Golden Gate Drive only is $35, 000. Staff recommended that this project be reviewed during the annual review of the Five-Year CIP in order to determine whether the project should be moved up in time. . Ms. Pauline Yan, Manager, Client Services requested that the Council move this priority up because of the safety of their employees. Cm. Hegarty questioned if their parking lot is well lit. Ms. Yan advised that the parking lot itself is well lit. Discussion ensued relative to hours of work for the various shifts. Bill Wastenberg, Human Resources Director, advised that they have about 180 people that work on a non-standard shift basis. Mayor Moffatt asked how many of their people use public transportation that must walk down to Dublin Boulevard. Mr. Wastenberg responded with an estimate of about 10%. Also, most of their day people park off the grounds. Ms. Yan advised that other companies along Golden Gate Drive have similar concerns. Cm. Hegarty advised that he is generally against changing budgets. If the Engineer's Estimate is $35, 000, it will probably be more. Mr. Ambrose reported that the City Council had identified other projects that are of a higher priority. If the design work were to be started now, you would not be able to accomplish the actual work prior to the end of the winter season anyway. It will take 3 - 4 months to design, another month to bid and another 2 - 3 months to build it. Cm. Hegarty questioned the earliest possible time it could be done. Mr. Ambrose responded that he felt it would be about 6 months. Mayor Moffatt questioned if there would be any benefit to starting the design process right away. Cm. Jeffery pointed out that we are now almost to the end of the budget year and the money is committed to other projects; however, she did feel that it is appropriate for this size company to have street lights. On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous vote, the Council directed Staff to move up the Golden Gate Drive portion of the street lighting CIP to the 1990-91 Fiscal Year. CM - 1990 - 3 Regular Meeting January 8, 1990 DUBLIN SPORTS GROUNDS, REQUEST FOR USE Recreation Director Lowart advised that the Soroptimist International of Dublin and the Dublin Rotary have requested exclusive use of the Dublin Sports Grounds for the 4th Annual Shamrock Ascot Concours d'Elegance on Sunday, July 29, 1990. In addition, they have requested that the City lend support to the event by: 1) waiving the use fees for the Sports Grounds; 2) providing Public Works personnel to assist with traffic control and site maintenance; 3) use of the City banner poles from July 16-30; 4) permission to place advertisements in the public right-of-way and on the baseball backstops facing I-580 and Dublin Boulevard; 5) use of restrooms and parking lots; 6) permission to charge an admission fee to the event and sell food and alcohol; and 7) permission to allow overnight camping of security personnel. Ms. Lowart advised that the associated costs would be approximately $870 - $1, 070. Items for discussion related to: • Waiver of Field Use Fees • Provision of Public Works Assistance • Advertisements in the Public Right-of-Way • Fees and Charges • Sale of Alcoholic Beverages Cheryl Coulter from the Soroptimists indicated she would answer any questions the Council may have. Staff clarified that the $50 fee for use of the banner poles cannot be waived. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council 1) waived the Field Use fees; 2) agreed to provide Public Works assistance with the understanding that the groups will help defray costs wherever possible; 3) did NOT allow advertisements in the public right-of-way; 4) directed that sales tax revenue generated from the event be documented and allocated to the City of Dublin; and 5) agreed to allow the sale of beer or wine in paper or plastic containers only. PUBLIC HEARING - PUBLIC STORAGE INC. SAN RAMON ROAD SPECIFIC PLAN AMENDMENT STUDY (AREA 3B) Mayor Moffatt opened the public hearing. Project Planner Donahoe advised that the San Ramon Road Specific Plan was adopted in 1983 establishing guidelines regarding the land use, development regulations, and circulation system for the 40+ acre area north of Dublin Boulevard, west of San Ramon Road, and south of Silvergate Drive. CM - 1990 - 4 Regular Meeting January 8, 1990 The 1.45 acre Moret property is located at the northern limit of the Area 3B 13 acre parcel. Area 3B is not viewed as having a high potential for the development of retail shopper stores, due to restrictions related to size, configuration, proximity to adjacent residential development, Martin Canyon Creek, and an active earthquake fault. Area 3B was established to permit occupancy by office, financial institution, and personal service uses subject to the limitation that 50% of the total gross floor area of any development can be for retail shopper and eating and drinking establishments. Mr. Donahoe stated that the Applicant has requested an amendment to the San Ramon Road Specific Plan to allow a retail shopping facility on the front portion of the property facing San Ramon Road and to locate a self-storage facility on the rear portion of the property. The amendment, as requested by the Applicant is to modify Area 3B of the Specific Plan, "Amend the 'Personal Service' section of Area 3B to include 'self-storage facility' . " Without the amendment, a self- storage facility would not be permitted in the Specific Plan area. Staff felt that a self-storage facility, in concert with retail uses, could assist in the development of the site. Staff supported the proposed amendment based on: 1) a self-storage facility is consistent with the 'Personal Services' designation within Area 3B of the San Ramon Road Specific Plan; 2) the use can be designed to be compatible with the immediate environment of the site; and 3) the use creates a harmonious transition from commercial/retail uses along San Ramon Road to residential uses to the west. On December 18, 1989, the Planning Commission voted unanimously to approve the requested amendment. Steve Tangney advised that he had brought along some graphics for display. He felt that Staff had covered all of the items and they concur with every detail. They will be going back before the Planning Commission with all the final details soon. There were no outstanding issues at this point. Mayor Moffatt closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 2 - 90 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 89-077 SAN RAMON ROAD SPECIFIC PLAN AMENDMENT STUDY AMENDMENT TO AREA 3B and RESOLUTION NO. 3 - 90 APPROVING AN AMENDMENT TO THE SAN RAMON ROAD SPECIFIC PLAN SAN RAMON ROAD SPECIFIC PLAN AMENDMENT TO AREA 3B CM - 1990 - 5 Regular Meeting January 8, 1990 PUBLIC HEARING RESIDENTIAL GARBAGE RATE PROPOSED INCREASE Mayor Moffatt opened the public hearing. City Manager Ambrose advised that at the City Council meeting on December 21, 1989, the Council reviewed a report recommending a garbage rate increase. At that time, the Council directed Staff to notice a public hearing for consideration of a proposed rate increase of 16%. This is the first increase for the garbage company since 1983 . At that meeting, Staff also discussed the option to adjust the rates to accommodate a Household Hazardous Waste collection day. Staff was also directed to negotiate with the firm on the implementation of a curbside recycling program. Mr. Ambrose advised that Staff did not receive the HHW collection cost proposal in sufficient time to assess the total cost and joint financing between the participating agencies. Therefore, the proposed rate increase reflects only the Joint Refuse Rate Review Committee 16% recommended increase. Representatives of Waste Management have indicated a willingness to consider a single future rate adjustment which would cover both recycling and HHW. The representatives have indicated that there would not be a problem with having the increase effective date after the actual HHW collection day. The rates would be adjusted to assure that the share attributable to Dublin was recovered. Waste Management is capable of entering into this arrangement because the Cities of Dublin, Livermore and Pleasanton are considering the use of Chemical Waste Management for the HHW collection. This firm is a subsidiary affiliated with the local garbage company. Gordon Allen, 6297 Ione Way questioned why Alameda County and the City Council is doing business with a company that not too long ago, was indicted, convicted and heavily fined for illegal activity in the garbage industry. Mayor Moffatt stated he was not aware that the corporation itself was involved. Mr. Ambrose advised that the City of Dublin entered into a franchise agreement with Oakland Scavenger Company in 1986 for a time period of 10 years. Since that time, Waste Management Inc. , acquired Oakland Scavenger. We have a contractual agreement for several more years. Acting City Attorney Silver advised that she was aware of a civil lawsuit filed against Oakland Scavenger Company regarding alleged unfair employment practices, but not an indictment for criminal proceedings. The City does have a binding agreement for 10 years. Cm. Snyder asked if this was an anti-trust action. He thought it was relative to the acquisition of some smaller company in Southern California. CM - 1990 - 6 Regular Meeting January 8, 1990 Mr. Rankin felt that Mary Evans with Livermore-Dublin Disposal could explain the relationship of Oakland Scavenger to WMI. Ms. Evans advised that Oakland Scavenger Company is a subsidiary of Waste Management Inc. , and is not necessarily affiliated. Bill Brandi, Manager of Livermore-Dublin Disposal advised that there was an acquisition of a company in Southern California. Waste Management of California is a separate subsidiary. Mr. Allen stated he got his information from the San Francisco Chronicle and just wanted to make sure the City knew what kind of company they were dealing with. Cm. Vonheeder stated that even if it is a criminal case, we may not have grounds to break the contract. Cm. Hegarty stated that when we entered into the contract, we were dealing with Oakland Scavenger Company and since that time, WMI bought them and made them a subsidiary. The only issue before the City Council at this time is whether to grant a 16% increase. Ms. Silver summarized that the issue before the Council tonight is whether to increase the garbage rate. The Council could direct Staff to look into the possibility of terminating the agreement as a separate action. Mayor Moffatt pointed out that newspapers are not always factual in their reporting. Cm. Vonheeder stated the action is against another subsidiary. Susan Alves asked how they based their recommendation on a 16% increase. Mayor Moffatt explained the JRRRC process which is made up of all the users and explained that they base their recommendations on current economical information, among other things. Cm. Jeffery advised that they also take into consideration legislation and the fact that garbage companies are required by law to do certain things related to dumps and landfills. Ms. Alves asked if we could charge the garbage company back for garbage that they leave behind. Mr. Ambrose advised Ms. Alves that if she had a specific problem, she should get in touch with his office so that it could be resolved. Ms. Alves responded that she just wanted to ask the question. Mr. Ambrose stated that with regard to the increase, wages, materials, labor and supplies have all gone up and there has not been a garbage rate increase since 1983 . We have the lowest garbage rates in the CM - 1990 - 7 Regular Meeting January 8, 1990 area. If approved by the Council, the new rates will go into effect on January 1st. Ms. Alves questioned how the new rates compare to other communities. Mr. Ambrose advised Ms. Alves that she could request a copy of the Staff Report and she could review all this information. Mayor Moffatt closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 4 - 90 AMENDING A SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION PUBLIC HEARING ORDINANCE INCREASING CITY COUNCIL SALARIES Mayor Moffatt opened the public hearing. City Manager Ambrose advised that a draft Ordinance had been prepared in accordance with Section 36516 (a) of the California Government Code, which will allow for an increase of 5% in Councilmember salaries for calendar year 1990. Incumbent Councilmembers would not, however, be eligible to receive the increase until after the November, 1990 election. The City Council's present monthly salary is $347. 29. Ordinance No. 3-89 provides for a 5% increase for 1989 and this Ordinance would adjust the monthly salary to $382 .88, after the November, 1990 election. No comments were made by members of the public relative to this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. OTHER BUSINESS Miscellaneous Meeting Reminders TRI-VALLEY TRANSPORTATION COMMITTEE City Manager Ambrose reminded the Council that on January 11, 1990, the Tri-Valley Transportation Committee will hold a meeting at the San Ramon Community Center. A report from the Committee will be presented CM - 1990 - 8 Regular Meeting January 8, 1990 to the Tri-Valley Joint Councils at their January 25th meeting in Livermore. LAFCO HEARING Staff advised that there will be a LAFCO hearing on January 18th. Since no one was sure if the Dublin and Livermore and Doolan Canyon issues would be on the agenda, Mr. Ambrose advised that Staff would check into this and also as to whether it was to be an afternoon or evening meeting. DRFA MEETING Staff advised that the next DRFA meeting will be on January 29th. RAIL ADVISORY COMMITTEE Staff advised that the BART Rail Advisory Committee meeting will be on Friday, January 12th in the upstairs conference room at the Civic Center. Alameda County Board of Supervisors Staff advised that the Board of Supervisors will be discussing the issue of whether or not to place a proposition before the voters on the June ballot which would require 5 votes to approve any modifications to the Open Space Element to the County General Plan. Staff will be talking with other cities at the Mayors' Conference this week. The biggest problem is that the public doesn't know what is going on. Information must be gotten out and it should be discussed so that everyone understands the severity of this action. If this were to pass, you would have one supervisor in Oakland controlling all open space in the Valley. It's a very dangerous action. CLOSED SESSION The Council recessed to a closed executive session at 8:47 p.m. , to discuss potential litigation in accordance with Government Code Sections 54956. 9 (c) and 54957.7. PUBLIC MEETING RECONVENED At 10:20 p.m. , the Council reconvened the public meeting. CM - 1990 - 9 Regular Meeting January 8, 1990 Alameda County Lawsuit Mayor Moffatt read a prepared statement, and stated, "The City Council has met in closed session with the City Attorney pursuant to the Brown Act, to discuss potential litigation. As a result of such discussions, the Council has voted unanimously to file suit against the County of Alameda and appropriate County officials in connection with the Board of Supervisors' approval on December 12, 1989, of an amended Open Space Element of the County General Plan and an amended Livermore-Amador Valley Planning Unit General Plan. It is the City Council's belief that the Board of Supervisors' actions in and adopting these amendments to the County General Plan violated the established process for amending general plans, the state law regarding the content of general plans, the California Environmental Quality Act, and the State Law regarding annexations and may have violated the Brown Act, California's open meeting law. Suit will be filed in Alameda Superior Court by January 11, 1990. Any questions regarding the Council's actions or the lawsuit should be directed to the City Manager. Individual Councilmembers will have no comment on the lawsuit. " ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m. Mayor ATTEST: City Clerk CM - 1990 - 10 Regular Meeting January 8, 1990