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HomeMy WebLinkAboutItem 4.01 Draft Minutes 12-12-1995 (2) - REGULAR MEETING - December 12, 1995 .~... A regular meeting of the Dublin City Council was held on Tuesday, December 12, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Houston. ....................""',."'..........+.,,,.......... ............w........" ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None .uuu.......+ . uu.............. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ..:..........................+............................ CLOSED SESSION 7:02 p.m. 10.1 & 10.2 (640-30) The Council recessed to a closed session to confer with Legal Counsel: 1) Existing .':litigation pursuant to Government Code Section 54956.9 subdivision (a): City of Dublin .. . v. John E. Madden, et aI., Alameda County Superior Court #V-009574-I; and 2) Anticipated Litigation (significant exposure to litigation pursuant to Government Code Section 54956.9(b) (1) Number of Cases - 2; Existing facts & circumstances (for 1 case): Protest letter dated December 5, 1995 from Kaufman & Broad regarding amount of park in-lieu fees for California Highland/Donlan Canyon Project. ANNOUNCEMENT OF CLOSED SESSION ACTION 7:48 p.m. The public meeting was reconvened with all Councilmembers present and Mayor Houston announced that no action was taken in the closed session. ............................+............................ APPOINTMENT TO ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD 7:49 p.m. 3.1 (110-30) The City has been notified of the expiration of the term of office of Dr. Harvey Scudder, who has served on this Board since 1983. Dr. Scudder has indicated a desire to continue to serve in this capacity. A correction was made by Dr. Scudder who said he has served on this Board si'nce 1982. ,e" CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 538 ITEM NO.~ ~) Dr. Scudder provided an update on regional and state activities as they relate to disease control and health issues. CDC puts out a book on emerging diseases. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Counci.' . adopted RESOLUTION NO. 145 - 95 MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES (term expiring January 2, 1998) ....................................................+...."..."w.......w..... CONSENT CALENDAR 7:59 p.m. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 28, 1995; Received (4.2 320-30) the City Treasurer's Investment Report as of November 30, 1995, showing the City's investment portfolio to be $20,398,647.50, with funds invested at an annual average yield of 5.862%; .... . . Accepted (4.3 150-70) gifts: 1) an oversized Santa's chair to the Parks & Community Services Department; and 2) an antique printing press and accessories valued at $1,025 to the Heritage Center; Authorized (4.4 310-50) a Budget Change to account for unanticipated Utility Audit Expense (Equitax); Received (4.5 330-50) final Financial Report for Fiscal Year 1994-95 and Annual Audit Report; received the Management Letter and adopted RESOLUTION NO. 146 .. 95 RESCINDING RESOLUTION NO. 34-87 ESTABLISHING AN INSURANCE RESERVE FUND CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12,1995 PAGE 539 . . . .' Adopted (4.6 600-30) RESOLUTION NO. 147 - 95 AWARDING CONTRACT 95-08 SHANNON CENTER FLOOR REPLACEMENT TO FLOORING SOLUTIONS ($12,545 Base Bid & $8,510 in Alternates) Received (4.7 330-50) Financial Reports for the months of October and November, 1995; Approved (4.10 300-40) the Warrant Register in the amount of $501,143.84. em. Burton pulled Item 4.8 from the Consent Calendar; and stated he would like a little more explanation. He is suspicious of consulting service contracts. Mlere are we going with this? Is it absolutely necessary to spend more money? Mayor Houston felt we always need more positive communications. Cm. Moffatt felt they were almost at a breakthrough. Mr. Ambrose stated the $40}000 total would be shared by the 3 agencies involvec!j Dublin} Pleasanton and DSRSD. The consultant would continue working on issues identified by the other agencies. Mayor Houston felt there was value in doing this. Cm. Burton said he wasjust questioning where we are at this point. He hasn't seen any reports and did not feel we are accomplishing anything at all. He has not seen anything that justifies the first $'7;500, let alone another $10,000. He understood that DSRSD was waiting for us to act. Cm. Moffatt stated they are looking at ways to change things. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council authorized (4.8 600-30) the Mayor to execute an amendment to the Consulting Services Contract with David Steibel and authorized an additional appropriation ($10,833) from Unallocated Reserves to the City Council's Training Account. Cm. Burton voted against the motion. Ms. Silver suggested that the City CouncJ1 consider /tem 4.9 separatel)'; as a Staff recommendation was left off the printed agenda. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council adopted (4.9 410-50) CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 540 RESOLUTION NO. 148 - 95 APPROVING FINAL MAP FOR TRACT 5926 (CAUFORNIA HIGHLANDS) . and RESOLUTION NO. 149 - 95 ACCEPTING PARKLAND IN-UEU FEE FOR TRACT 5926 CALIFORNIA HIGHLANDS AND REJECTING PROTEST Cm. Burton asked if it would be possible to get better maps. The one copied did not mean a thing in trying to evaluate what's going on. , "HUUUU'+. PUBLIC HEARING ORDINANCE WHICH ADOPTS THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE; UNIFORM PLUMBING CODE; UNIFORM MECHANICAL CODE; UNIFORM HOUSING CODE AND THE 1993 EDITION Qf THE NATIONAL ELECTRICAL CODE 8:03 p.m. 6.1 (440-10) Mayor Houston opened the public hearing. . Building Official Petersen presented the Staff Report and advised that the uniform model construction codes are adopted and published by the California Building Standards Commission and by the California Department of Housing and Community Development on a 3-year cycle. The uniform codes must be adopted by the City as published unless the City Council adopts a resolution finding that changes or modifications are necessary due to local climatic, geological or topographical conditions. A number of such changes or modifications were made by the Council when it last adopted the 1991 uniform codes. Mr. Petersen referenced the summary of proposed changes to the DMC which included Section 22, Section 23, Section 25, Section 26, Section 27, Section 28, Section 29, Section 44, Section 50, Section 51, Section 52, Section 53 and Section 59. Mr. Petersen stated they are streamlining certain chapters to ensure that we have a consistency of enforcement throughout the entire Bay Area, for easier use by Staff and so that the public can understand what we would like in the codes. The 13 changes will be in the 1997 Uniform Building Code in 3 years. We feel it is important to include these now to protect the City and its occupants. Their goal would be to have no changes necessary in 1997. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 541 . Cm. Moffatt stated he became involved a while back in the Silicon Valley Uniform Code. He asked if Mr. Petersen works with some of these people. . Mr. Petersen stated they have met with 35 other cities and he is on a committee which works with other jurisdictions. Cm. Moffatt stated he would like to see the Uniform Codes for the entire area be very similar. When there are differences, this brings about confusion to contractors and to homeowners. Cm. Burton commented that some things had been included which are not in the UBC. Water lines were discussed as was cooling coils, and sprinkler systems requirements. , He questioned the locations of new fire stations in East Dublin. Mr. Ambrose stated a study is currently being worked on by DRFA to address where the station locations will be. Cm. Moffatt commented on the use of PVC for sprinkler systems and asked if this was safe. . Mr. Petersen stated this would be a NFPA system 13, which is a lot cheaper. He stated he is not an expert on fire safety issues. .' Fire Chief Diekman stated most of the studies were done in the late 70's and 80's in abandoned hotels in San Francisco. They ran several tests and they found them to be effective and safe to use the pvc piping. It is easy to manipulate and is cost effective. It is known to be safe. Mayor Houston closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12 - 95 AMENDING CHAPTERS 7.28, 7.32, 7.40, 7.44 AND 7.48 OF THE DUBUN MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 1994 UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE AND THE 1993 NATIONAL ELECTRICAL CODE AND DECLARING THIS ORDINANCE TO BE AN URGENCY ORDINANCE TO TAKE EFFECT JANUARY 1, 1996 . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 542 and adopted RESOLUTION NO. 150 - 95 MAKING FINDINGS AS TO WHY AMENDMENTS TO THE UNIFORM CODES ARE NECESSARY . ...... ",.....,...,.,..,.., ~".'" ...... . ..... ,.... n. .... """"',",", TRANSFER OF CABLE TELEVISION FRANCHISE FROM VIACOM CABLE TO TEtE-COMMUNICATIONS, INC. (TCI) 8:17 p.m. 7.1 (1050-30 - 600-30) Administrative Assistant Honse presented the Staff Report and explained that this item which was continued from the City Council meeting of November 28th deals with City Council consideration of an agreement approving the transfer of the City's cable television franchise from Viacom Cable to Tele-Communications, Inc. In response to Pleasanton's request for a third PEG channel, TCIC stated they will provide a third PEG channel provided that the Cities agree to delete Section 7.3(e) of the Franchise Agreement which requires the franchise holder to reserve up to 10% of its channel capacity available for PEG programming subject to the non-duplicative trigger requirement. Mr. Honse discussed the proposed substituted language. Mr. Honse stated the proposed modification to the Franchise Agreement offers significant benefits to PEG programming at no cost to the City. The TCIC proposal would provide additional stations while eliminating the requirement to produce additional .'.. programming. The proposed agreement retains a reservation of the City's rights and provides for liquidated damages in the event the Dublin upgrade is not completed by December 31, 1997. Mr. Honse distributed a Memo dated December 12, 1995 with some improved language for Section Z, and stated the issuance of a letter of credit will guarantee that the City would be able to recover monetary damages in the event of a breach of the Franchise Agreement. The guarantee of a remedy meets the purpose and intent of Section 3.20.190(f) of the Cable Television Franchise Ordinance. Cm. Burton asked who the Letter of Credit will be issued to. Mr. Honse stated it will be issued to the City. Mr. Honse introduced John Peseni with TCI. Mr. peseni, Government Affairs Manager for the Bay Area said they have been very happy to work with Staff and to come to this agreement. They look forward to begin serving the cable customers in Dublin. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 543 .', On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted (with Section 2 changes) . RESOLUTION NO. 151 - 95 APPROVING CABLE TELEVISION FRANCHISE TRANSFER AGREEMENT H.U........,......,~...... PROPOSED VOLUNTEER PROJECTS BY DUBLIN LITILE LEAGUE AT THE DUBLIN SPORTS GROUNDS 8:23 p.m. 8.1 (260-30) Parks & Community Services Director Lowart presented the Staff Report and advised that two proposals had been received from the Dublin Little League (DLL). The first would be to construct batting cages at the Dublin Sports Grounds and the second would be to reimburse the City for the cost of installation of drinking fountains and electrical conduit in exchange for a credit against field use fees. The estimated cost for Batting Cages (site preparation) would be $1,000 and the estimated cost for drinking fountains/electrical conduit would be $9,600. The $1,000 funding for modifications to the irrigation system would need to come from the DSG Ballfield Maintenance Budget which could preclude other work being accomplished. . , Ms. Lowart discussed several concerns outlined in the Staff Report related to the batting cages. Ms. Lowart stated the Parks & Community Services Commission reviewed the proposal from DLL at their November 20, 1995 meeting and gave conceptual approval to the project. As shown in the draft agreement, the City would be responsible for minimal site preparation, review and approval of the plans and specifications for the improvements, and inspection of the improvements. DLL would be responsible for providing the City with plans and specifications for the improvements, funding the cost of the improve- ments and constructing the improvements. Upon completion, ownership of the improvements would be transferred to the City. The agreement also provides that DLL would have exclusive use of the batting cages at no cost. Ms. Lowart explained that Staff is also supportive of the offer from DLL, but would recommend that the waiver of field use fees be effective in FY 1996-97. The City Council adopted a balanced budget for FY 1995-96 which anticipated that field use fees would be forthcoming from DLL. If the fees are waived for FY 1995-96, there will be a shortfall in the general fund revenues that were used to balance the budget. . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 544 Cm. Moffatt asked if this would be a public facility. Ms. Lowart stated as of now it will be used only by DLL and we are not recommending .'" that they be given field use credit for this project (the batting cages). It will be used exclusively by DLL. They have not been given authority to charge fees on City property. An unidentified woman in the audience said the cages would be available for others to use during their off season. You would have to have your own machine. Ms. Lowart explained that DLL is anxious to have the drinking fountains installed and to have the scorebooths wired for electricity, and they have offered to reimburse the City for the cost of the improvements in exchange for a credit against field use fees for the 1996 season. The estimated cost for the total project is $9,600 ($8,450 for the drinking fountains and $1,150 for the electrical conduit). The Parks & Community Services Commission also reviewed the proposal from DLL on November 20, 1995 and gave conceptual approval of the offer. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the request by Dublin Little League to build batting cages and authorized the Mayor to execute agreement; accepted the offer related to drinking fountains and authorized Staff to waive Field Use Fees for the Dublin Sports Grounds commensurate with the cost of the drinking fountains effective in Fiscal Year 1996-97; and approved the Budget Change Form. .......,. uu,......'+.'...: . AGREEMENT TO DESIGNATE ALAMEDA COUNTY AS THE CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) FOR THE CITY OF DUBLIN 8:30 p.m. 8.2 (600-40) Administrative Assistant Honse explained that Senate Bill 1082 of 1993 requires the California Environmental Protection Agency to develop and implement a unified hazardous waste and hazardous materials management regulatory program by January 1, 1996. The Unified Program will consolidate 6 existing programs with the intent to bring order to a process that has often times been fragmented among city, state and county agencies. The goal is to eliminate duplication and overlap and to achieve a process that has only one permit, one inspector and one fee for hazardous materials regulation. Mr. Honse discussed two options available to the City. Option 1 would be to designate the City as CUPA. Option 2 would be to designate Alameda County as the CUPA for the City. Financia1.risks would be associated with designating the City as a CUPA and since the County currently performs all environmental regulation for the City, Staff felt the CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 545 . County should be designated as the City's CUPA. The contract retains local control and offers additional protections to ensure that the high level of service will continue. . Mr. Honse distributed additional language for the agreement, sections 2.3.4.1 and 2.3.4.2 related to overhead. The County has agreed to limit overhead to no more than 15%. Mr. Honse stated Eric Levi with the Department of Environmental Protections was present to answer any questions. Cm. Burton asked if there had been any complaints. Mr. Honse stated everyone he spoke with was impressed with their services. He spoke with perhaps a dozen people and no one was dissatisfied with County Services. Cm. Moffatt asked if this is the arm of the County that handles Waste Management. Mr. Honse replied no, it is the County Health Care Services Agency. Cm. Moffatt expressed concern about allowing them to take over the permit process and asked if we have anything that allows someone to put in a toxic waste generator in town. Mr. Honse stated turning this over to the County in no way prohibits the CUP process. We would have a chance to evaluate uses. He did not feel this would take away any City authority. . Cm. Moffatt stated he has no problem with the County administering this as long as we have safeguards in place to protect our citizens. Ms. Silver stated we would look to our Zoning Ordinance related to what's permitted and what's not permitted. Planning Director Tong stated we don't have a specific category for toxic generators but we do have some performance standards to prohibit the production of toxic wastes. We also have zoning restrictions. Mr. Ambrose stated State Law governs this topic, but not the appropriateness of a particular use at a location. The City is not in a position to provide the service level that the County can provide. We do not have the technical expertise to administer these programs. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted (with changes included) . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 546 RESOLUTION NO. 152 - 95 APPROVING AGREEMENT DESIGNATING ALAMEDA COUNTY AS THE CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) FOR THE CITY OF DUBUN . ...........,u... u...+ ........... A WARD OF CONTRACT FOR CONSULTANT SERVICES FOR AFFORDABLE HOUSING 8:43 p.m. 8.3 (600-30) Associate Planner Huston explained that this item is for a consultant contract with CGMS, Incorporated, to assist and counsel the City in designing an affordable housing strategy and developing a feasible and sustainable program. An Inc1usionary Housing Ordinance, as required by the City's Housing Element and the Eastern Dublin Specific Plan, is one component of the affordable housing program. Ms. Huston explained that the contract will not exceed $10,000 and will be paid using funds from the Planning Department's Professional Services account. The City is in the process of establishing a method for recovering any costs associated with implementing the Eastern Dublin Specific Plan. A portion of these contract costs will be recovered through the processing of future development projects within the Eastern Dublin Specific Plan area. Cm. Moffatt asked if this contract would include us gettinO' a California Housing Element Certification. 0 .' Ms. Huston stated this is not included in the scope of this contract, but it will start the process. It won't be the immediate goal, but it will be a path. Mr. Ambrose stated the legislature a few years ago unfunded the whole housing element program and there is no funding for any of the cities. This whole thing is sitting as a dead duck. Local governments had a mandate to provide these housing elements, but there was no funding. We are starting to be approached by the development community and we feel the City needs to have somebody on our side to evaluate whether the market will be able to take care of this. Cm. Moffatt asked if we are defining affordable housing. Mr. Ambrose stated the City Council will look at this and at what kind of housing we will provide. Mayor Houston asked about the timing of this study. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 547 '. Ms. Huston stated the first phase will take place in early January and they could feasibly be bringing an Ordinance in early February. . Mr. Ambrose stated before an Ordinance is brought, we will bring forth the issues so that the Ordinance can accurately reflect where the Council is. Cm. Burton stated we have had a committee meet for 6 years and they don't accomplish anything. If this is required to meet certain specifications and the developers will bring in some heavyweights to negotiate with us, then it could be worth the $10,000. If it is part of the process to protect ourselves or provide leadership on what we want, he would then recommend it. Cm. Moffatt stated he did not see any benchmarks to tell whether we are moving forward or not. Mayor Houston felt this would be a fairly rapid study. Mr. Ambrose stated we want them to look at the Rental Availability Ordinance to see whether this is something that can help us accomplish our goals. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 153 - 95 .' AWARDING A CONSULTING CONTRACT TO CGMS, INCORPORATED 'u'. UUUHUHHU, OTHER BUSINESS 8:54 p.m. Livermore School District in 'East Dublin (620-20) Mr. Ambrose reported that the Livermore School District will be considering an item to establish a mitigation fee for East Dublin development for schools. The City Council has a policy in its existing plan that students in Dublin attend Dublin schools. He suggested the City Council authorize the Mayor to sign a letter expressing the City's concerns. Their meeting is on December 19th. Cm. Burton asked if the City Council should be there. Mr. Ambrose stated he felt it might be a good idea for someone to attend, and if he goes, he may even want to read the letter into the record. UUH. .. . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12,1995 PAGE 548 Liaison Meeting (610-05) Mr. Ambrose reported that he had just received a fax indicating another meeting of the ."'. Pleasanton/DSRSD/Dublin liaison committee had been scheduled for December 20. .. Police Commendations (580-30) Cm. Howard commented for the record with all the negative publicity about policeman around the country, people should be made aware of how appreciative our citizens are of our police department. Several letters were received. The City Council questioned the distribution on these types of letters. Mr. Ambrose advised that they are generally distributed to the City Council. Cm. Moffatt asked if it would be appropriate to include these in the press packets. .. Dublin Pride Week 1996 (I 50-80) Cm. Barnes reported that a Dublin Pride Committee meeting with all the non-profit groups will be held at 7 p.m. on January 8, in the Regional Meeting Room. """"""""'. ."" .. St. Patrick's Day Celebration (950-40) Mayor Houston advised that he spoke with the Fire people this mornins and they are all aboard for the pancake breakfast associated with the St. Patrick's Day celebration. , " uu uuu .. Camp Parks Program (I 30-80) Cm. Burton reported that he attended a musical program at Camp Parks last Saturday. The 9Ist Divisional Band was there as well as a 2-Star and a I-Star General. A group of pipers were very impressive also. The pipers will be available for the St. Patrick's Day celebration. They are being relocated to Camp Parks and are quite excited. ". CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12,1995 PAGE 549 ." Dublin Housin.2: Authority (430~90) .' " Cm. Moffatt commented that everyone got a letter from Ophelia Basgal with several , potential dates for a meeting of the Dublin Housing Authority at Arroyo Vista. Some Councilmembers indicated they had returned the forms to Ms. Basgal marking the dates they are available. Mayor Houston stated January 20 is the only one he can make. .. uuuu..'u....,..,+. ............ Taco Bell Hours Complaint (410~30) Mayor Houston brought up the fact that he had gotten several calls from citizens regarding Taco Bell's hours of operation. Mr. Ambrose stated they are currently operating their drive-thru 24 hours per day. The hours were supposed to be 6 a.m. to midnight. We have put them on notice that they are in violation of their CUP. The letter went out last week. We are attempting to get them back within the hours of their permit., Cm. Barnes stated she thought the Planning Commission gave them permission to operate 24 hours and with a condition that if there were problems, it could be reviewed. . Mr. Ambrose advised that Staff will follow up on this. ....,............, uuu,+............ December 11, 1995 Storm (520-10) Mayor Houston asked how the City fared yesterday with regard to damage from the storm. Mr. Ambrose reported that we had major power outages, a number of wires and trees down, and high voltage wires down in the vicinity of The Springs. A 50' tree fell into a home on Bloomington Court. A tree fell on Red Lobster restaurant. There was flooding at Amador Valley Boulevard & Donohue Drive. Some dirt slide off Dublin Boulevard below the Valley Christian Center site. The plastic did not blow off at Crossridge. There were no reported injuries. Mr. Ambrose reported that the City's EOC was not activated last night during the storm The City Council discussed the process for activating the EOC. ..,u...... u......'u....,+...... . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 550 " ADJOURNMENT 11.1 , There being no further business to come before the Council, the meeting was adjourned . at 9:13 p.m. """""""""""""..'+.-"""'.."""""""'" A TIEST: Mayor City Clerk ...,....,..............,.,..~,......................,.." .' CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING December 12, 1995 PAGE 551 .