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HomeMy WebLinkAboutItem 3.0 Approve 8-9-82 Minutes (2) cIn answer to a question re the quarry trucks, Mr. Nave reported that the City of Pleasanton is in litigation with the quarry company, and a report should be given soon as to the entire situation. Concern was also expressed re loaded trucks going through signals at Shannon and San Ramon Rd. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 9:55 p.m. APPROVED / Mayor ATTEST �. City Clerk * * * * Regular Meeting - August 9, 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, August 9, 1982, in the meeting room, Dublin Library. The meeting was called to order at 7:35 P.m. by Mayor Peter Snyder. * * * * ROLL CALL Present: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. * * * * PLEDGE OF ALLEGIANCE The Mayor called the meeting to order and led those present in the Pledge of Allegiance to the flag. * * * * MINUTES APPROVAL Minutes of the regular meeting of June 24, 1982, were approved as submitted on motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote. * * * * PROCLAMATION BY CITY COUNCIL DECLARING AUGUST 10, 1982 AS "DOROTHY HOCK DAY" IN DUBLIN Proclamation read by Mayor Snyder in appreciation of service Dorothy Hock ex- � . tended to new City of Dublin. • * * * * 30 CM-1-117 0 0 PRESENTATION BY EXECUTIVE DIRECTOR OF ABAG During the budget hearings, discussions were held regarding membership dues in the Association of Bay Area Government (ABAG) and Council directed Staff to have a representative discuss the benefits of this membership. Mr. Revan Tranter, Executive Director made presentation explaining services offered by ABAG and answered questions related to membership in ABAG. On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the Council voted that Dublin become a member of ABAG and that $725 be allocated for cost of membership. * * * * PRESENTATION BY GINNIE COOPER, REPRESENTING LIBRARY ADVISORY COMMISSION Ginnie Cooper explained that the Commission meets the first Wednesday of every second month. They have excellent participation, and have the dedication of the members. There are no dues. Meetings are held at 8:00 p.m. and meetings alternate between Hayward administrative offices and area libraries. It is customary to appoint an alternate as well . Dublin has the advantage at this time of having more than one representative. The alternate need not be a member of the City Council . Mayor Snyder indicated that he had spoken with Cm. Hegarty on this a couple of months ago and Cm. Hegarty agreed to serve in this capacity. Mayor Snyder made motion to appoint Cm. Hegarty to the Alameda County Library Commission, seconded by Cm. Hegarty, by unanimous vote. As an agenda item at next meeting, an alternate will be discussed. C * * * * PUBLIC HEARING Hearing to consider appeal submitted by Bedford Properties Inc. , regarding Scotsman's Mobile Lease Company, Inc. , regarding a Conditional Use Permit to allow continued storage of mobile offices in an M-1 (Light Industrial ) District at 6803 Sierra Court. The Planning Director, Larry Tong, explained that this is the appeal of the Scotsman's Mobile Lease Company's Conditional Use Permit DC-14. In March, 1982 Scotsman's was granted first a Site Development Review to place an office trailer on a permanent foundation and then in June of 1982 a Conditional Use Permit for outdoor storage of mobile office units at 6802 Sierra Court. At this time, Bedford Properties is appealing the Conditional Use Permit. They indicate that the Conditions, Covenants and Restrictions of the San Ramon Indus- trial Park which includes the Scotsman's Mobile Lease Company site - those CC&R's require masonry or concrete building walls. Staff recommends denial of the appeal and approval of the Conditional Use Permit. One of the specific aspects of the Conditional Use Permit was that this permit shall expire on June 23, 1983 - one full year from the date of the zoning CM-1-11R administrator hearing. The Site Development Review was approved and the appeal period lapsed. At this point, there is no appeal on the Site Development Review; however, the Conditional Use Permit which is the overall use of the site will expire in June, 1983. Mayor Snyder questioned whether problem is really between Bedford Properties and Scotsman's Mobile Lease Company. Planning Director feels that it is, however, he has spoken with Mr. Bosworth, the appellant and he indicated he would attend this meeting. He may further elaborate on appeal . Site has "For Sale" sign on it. Indications in record that Scotsman's has been looking for other permanent sites. Mr. Bosworth stated he wished to reiterate there is a conflict of use and they would like to propose that on June 23, 1983 when this matter comes up for review again, that the permit not be renewed. Mr. Clifford Tucker, the owner of the land, is making an effort to relocate, and Planning Director doesn't anticipate any problem. The Mayor clarified the situation in that even though the Planning Director doesn't agree with situation, he would allow it to go on no longer than next year. Discussion indicated that the City certainly doesn't want to be unreason- able, but thought it an unreasonable request that someone vacate on such short notice. It's actually a matter of use and property values. The City's understanding is that this is privately owned property and Mr. Tucker is leasing the site to Scotsman's Mobile Lease Company. Mr. Clifford Tucker introduced himself as owner of property and former owner of Scotsman's. His son now owns the company and advised him that there was an offer to buy the property from a broker. He later found that it was Bedford that wanted to buy the property. Months later he received a letter from an attorney stating he was going to sue because of CC&R's. Mr. Tucker stated he realizes property has improved since he purchased, and his intentions are to move out; however, it takes time to find a place. They wished to assure that they are working on it. The property is for sale, but not to Bedford. On motion of Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote, the Council denied the appeal and approved the conditional use permit. * * * * CONSENT CALENDAR On motion by Cm. Jeffery, seconded by Cm. Burton, the Council voted unanimously to approve the warrant register in the amount of $12,471 .39 dated August 5, 1982. * * * * PG&E REQUEST FOR SUPPORT FOR RELICENSING HYDROELECTRIC POWER PLANTS The City Manager indicated that at the June 14, 1982 meeting, the City Council requested additional information and Planning Director reported on his findings. The Planning Director indicated the matter was continued to review purpose and intent of the Northern California Power Agency (NCPA) , the 1980 Federal Energy Regulatory Commission (FERC) decision, and the rate regulations that would apply to NCPA. CM-1-119 p 0 The three items which Council wanted to review were discussed as follows: 1 . NCPA is a joint-powers authority for the purpose of developing alternative energy sources and to provide a broader base from which to respond to PG&E rate increases. In essence, each city which is a member of NCPA is seeking the best possible price of energy for the benefit of its residents. 2. The 1980 FERC decision gives municipalities preference over corporate applicants if the FERC finds the plans of the municipalities and the plans of the corporation are 'equally well adapted. . . .to conserve and utilize in the public interest the water resources of the region' . The FERC will use a broad assessment of 'public interest' to include: a) both physical and non-physical considerations, including social impacts such as economic costs and benefits. b) consideration of the varying circumstances and needs of the era. c) changes in benefit from the public associated with corporate applicant, to the public associated with the municipalities, and d) the spreading of hydro power benefits to as much of the public as possible. The municipal preference will only take place as a tie breaker if the muni- cipalities plan and the corporate plan are determined by FERC as equally well adapted to serve the public interest. In the final analysis, it is the FERC that will determine the public interest of each application. 3. The NCPA would not be subject to the State PUC for rate regulations. The local municipalities would each control their own rates. Any surplus revenues could go to the City's treasury or could be used to reduce the rates of residents in that city. Mr. Holveck of PG&E indicated he would attend the meeting to answer any questions, however, he was not present. Cm. Jeffery indicated that she was one who had questions, and those questions have all been answered to her satisfaction. At the close of discussion, on motion of Cm. Jeffery, seconded by Cm. Hegarty, the following resolution was adopted unanimously: RESOLUTION NO. 38 A RESOLUTION IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE PACIFIC GAS AND ELECTRIC COMPANY * * * * PLANNING COMMISSION APPOINTMENT The City Manager indicated that as a result of Mr. Tom Richard's resignation, the Council directed Staff to advertise the vacancy. As a result of the advertisement, a total of 11 people either submitted new applications or reactivated old applications. A preliminary screening process took place and the total was narrowed to 3 candidates: James B. Kohnen, Eddie Jo Mack and Michael J. Scanlon, Jr. By ballot the City Council selected Eddie Jo Mack to serve on the Planning Commission. Congratulations were extended to Eddie Jo Mack and comments by City Council regarding their appreciation to all the excellent candidates were extended. rM__i_1 9n 410 4:1 Bill Tenery welcomed Mrs. Mack to the Commission and presented her with a packet of information. September 7, 1982 is the next planning meeting. * * * * STREET MEDIAN & PARKWAY LITTER CONTROL ' At its meeting of July 26, 1982, the City Council requested Staff to discuss with the street sweeping contractor the feasibility of cleaning litter from parkways and street median areas. Staff and the sweeping contractor have determined that there are certain problem areas in the City in which it would be feasible to utilize the street sweeping equipment to clean up litter. Those areas identified were: 1 . San Ramon Road - Freeway 580 to Amador Valley Blvd. (parkway & median) 2. Village Parkway - Amador Valley Blvd. to Kimball Ave. (parkway & median) 3. Amador Valley Blvd. - Village Parkway to Railroad Tracks (median & parkway adjacent to fenced areas only) It was determined that all other areas are either the responsibility of adjacent commercial or residential property owners who should accept respon- sibility for cleaning, or are areas inaccessible with the sweeping equipment. The contractor has indicated that such cleanup could be accomplished in about 6-8 hours, and recommends that the City consider cleanup once every month or less if the services are not required that often. The cost of providing the service would be $38.44/hr or $231-$308 per cycle. This cleanup service would be provided on a non-sweeping day. If the City Council determines that this is a desirable service, adequate funds are budgeted in the Street Sweeping Account to undertake this litter cleanup program. It was clarified that this bid is based on an hourly rate, and if the City identifies additional areas that need to be taken care of, the City simply would be billed for the time. Also, if once a month is not adequate, contractor would sweep more often. On motion by Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted the additional part of contract for street sweeping. * * * * COUNTY SERVICE AGREEMENTS At the City Council meeting of June 24, 1982, the Council approved in principle the provision of certain contract services by the County to the City. The services to be provided are: Police Services The County would provide an on-site police service including traffic enforce- ment at an estimated cost of $1 ,108,442 to the City. The level of service to be provided is described in Exhibit A of service agreement. Specific changes to this agreement only, include a clause which would make Section I paragraph d inoperative under mutual aid response. Animal Control The County would provide the same basic level of service which is provided in the unincorporated area, and any adjustments requested by the City which the County has the capability and agrees to provide. The estimated cost of providing this service to the City is $31 ,037 less all license and redemption fees which the County collects. The Council requested Staff to investigate during fiscal year 1982-83 the possibility of increasing field enforcement services and establishing a City operated licensing program. CM-1-121 Examination of Tract Maps and Parcel Maps The County would provide engineering review of tract maps and parcel maps to the City. All services provided under this agreement would be covered by fees paid by subdividers, which the County would collect. There would be no net cost to the City for the provision of this service. In accordance with prior City Council resolution, the County Surveyor will function as City Engineer. This service may be terminated with 30 days notice by either the County or the City. It is Staff's intention to terminate this service when the City retains its own contract City Engineer. Building Inspection Services The County would provide building inspection, zoning enforcement and housing code enforcement services as part of this agreement. All services would be performed from existing County facilities. Under this agreement the City would not incur any of the costs of inspection, but would not derive any revenue from permit fees either. The retention of fees by the County would constitute full payment for all plan checking and construction inspection services. This service may be terminated with 30 days notice. At the time services are terminated, the County would not accept new plan checking and building inspection permit requests, but forward them to the City. However, the County would provide services to permit holders who paid fees to the County prior to the effective date of service termination. The City would pay directly for zoning and housing code enforcement. The estimated cost of providing these services to the City for the entire fiscal year is approxi- mately $12,400. It is Staff's intention to terminate this service when the City retains its own contract building inspection services. Street Maintenance As part of this agreement the County Road Department would provide the following services: crossing guards, emergency services, ordinary main- tenance and repair, routine patrol and inspection, street sweeping, permit issuance and inspection, force account construction or recontruction, engineering services and any other services that the City may identify that fall within the purview and jurisdiction of the Road Commissioner and which are mutually agreeable to the City and the County. The estimated cost of providing these services during fiscal year 1982-83 is $578,100. However, under the terms of this agreement, services including street sweeping, tree trimming and engineering services may be terminated with 30 days notice. Therefore, the total cost of $578,100 will be reduced to the extent that the City can hire private contractors to perform these three services at a lower cost. Contract Language In addition to specific changes in each contract, Staff at City Council direction has negotiated changes in contract language common to all contracts regarding liability and cost and billing procedures. With respect to liability, the agreements contain reciprocal hold harmless clauses. The County has indicated it will pruchase a special insurance policy to cover the acts of its employees in performing services to the City of Dublin. With respect to payment of bills for services the City has (30) days from delivery of an invoice for service to pay the bill . CM-1-122 Discussion was held related to the fact that the County would take out a special insurance policy just for Dublin covering these contracts. On motion by Cm. Hegarty, seconded by Cm. Burton, and by unanimous vote, the Council approved the County Service Agreements and to authorize the Mayor to sign on behalf of the City. * * * * CITY SEAL In accordance with City Council direction, Staff has contacted a number of commercial artists to ascertain their interest in designing a City seal and logo for the City of Dublin. Five artists were interviewed and their port- folios were examined. After these interviews, conducted by Staff and Cm. Burton, it was the consensus that Mr. Frank Uhlig had the technical qualifications to provide the City with an acceptable final product. Mr. Uhlig indicated he would charge the City $500 and would present the City Council with a number of preliminary conceptual designs for its consideration within the next few weeks. Questions were raised related to payment obligation if City Council was not satisfied with his work. It was explained that he would continue to work or revise ideas until City Council was satisfied. On motion by Mayor Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized Staff to secure the services of Frank Uhlig for development of a City seal and logo. * * * * • • UNEMPLOYMENT INSURANCE PROGRAM The City Manager gave a brief history of the unemployment insurance program and indicated that the City was required by law to select a program related to unemployment insurance. A summation was provided of the various financing options for unemployment insurance available to the City; these included the Contribution Rate Method, the Individual Reimbursement Account and the Local Public Entity Fund. The City Manager recommended that the City Council consider selection of the Individual Reimbursement Account for financing of unemployment insurance. This particular financing option would provide for the payment of the actual unemployment insurance benefits incurred by the City. It was clarified that this in no way obligates the City to pay unemployment insurance for any of the contract services. Under none of the contracts are we hiring employees directly; the City is dealing with an agency and it is not an employer/employee relationship. On motion by Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council authorized staff to proceed with recommendation as written. * * * * PUBLIC EMPLOYEE'S RETIREMENT SYSTEM The PERS program is one which the Council agreed participation in with respect to the employees that have been hired thus far. In order to initiate this CM-1-123 process, it is necessary to file a questionnaire with the Public Employee's Retirement System. As part of this questionnaire, they need to know whether or not elected officials are to be included in the contract. An actuarial valuation would be conducted in order to determine what the City's rate would be. After discussion Council decided to exclude elective officials from PERS program. On motion by Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council authorized Staff to initiate the PERS membership process, excluding elective officials from the contract. * * * * OTHER BUSINESS The City Manager indicated he had contacted Ron Sorenson regarding lack of drain openings on Village Parkway. Mr. Sorenson will review the problem and get back to him. Cm. Burton requested that Staff order the free booklets offered by League of California Cities "Good Ideas That Work", listing examples of cost saving mechanisms, free while they last. The "Slurry Seal Program" begins tomorrow, August 10th. The City Manager indicated he would be receiving a printed schedule in his office tomorrow, listing which streets will be done on which days. There will be a grand opening at the Eureka Federal Savings tomorrow from 5:30 to 7:30 at their new facility at Stoneridge Mall . Later in the week the City Manager will be meeting with Mr. Walker regarding valleywide transit possibility. Related to the Community Guide, the City Manager asked the Council to indicate to him any comments or suggestions they may have related to putting together any information. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:10 pm. APPROVED Mayor ATTEST City Clerk * * * * CM-1-124