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HomeMy WebLinkAbout4.01 Approve 03-10-1986 Minutes F ' REGULAR MEETING - March 10, 1986 A regular meeting-of the City Council of -the City of Dublin was held on Monday, March 10 , 1986 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. PROCLAMATION : MENTAL RETARDATION AWARENESS MONTH [Mayor Snyder read and presented a proclamation declaring the month of March as "Association of Retarded Citizens - Mental Retardation Awareness Month" in the City of Dublin . Mayor Snyder read that the most effective method for prevention and alleviation of mental retardation are public knowledge and understanding . Community based programs and services significantly enhance the lives of children and adults with mental retardation . Alameda County is a leader in providing quality services and programs . Mr . Ernie Ellis accepted the proclamation and thanked the Council for supporting this public knowledge. and understanding. FLOOD AID BENEFIT BALL Mr . Johnson Clark from Howard Johnson ' s Motor Lodge addressed the Council and passed out flyers related to an upcoming benefit ball to be held at the Howard Johnson Hotel on Saturday evening, March 22 , 1986 from 7 : 00 p .m. to 1 : 00 a.m.. Mr .- Clark introduced Ms . Pat Fallon who explained that the entire proceeds of $15 per person will be donated to the Red Cross and Salvation Army Flood Refief Fund -to benefit flood victims . On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council directed Staff to prepare a proclamation in support of this benefit ball . CM-5-43 Regular Meeting March 10, 1986 Ste ® • .,,. a^ .s Ta^�' larmc ^E r'+rt e. •.�. 2+--:^.:r5^a^ n,-...•-nn ...-,a. .. 7777. 7 CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote , the Council took the following actions : Approved Minutes of Regular Meeting of February 24 , 1986 ; Approved the City Treasurer ' s Investment .Report for period ending February 28, 1986 ; Approved the installation of a banner by the American Cancer Society from April 14-23 , 1986 ; Awarded bid for Village Parkway Landscaping to Robert 7uatman, Inc . , and authorized the Mayor to execute the agreement ; Approved the installation of a banner by Valley Lutheran School from March 17-21 , 1986; Accepted improvements under Contract 85-5A, City Storage Yard work and authorized retention payment of $5, 684 . 60 to MCE Corporation; Accepted improvements under Contract 85-3 , San Ramon Road Specific Plan Improvement Assessment District 84-1 and authorized retention payment of $18 , 291 . 44 to Redgwick Construction Company; Authorized Staff to solicit bids for 8 patrol vehicles using State bid specifications ; A. opted RESOLUTION NO. 22 - 86 APPROVING LIABILITY CLAIMS ADJUSTING AND ADMINISTRATION SERVICE CONTRACT AND ESTABLISHING SETTLEMENT AUTHORITY LIMITS and authorized a budget transfer for above; Approved Warrant Register in the amount of $583 , 142 . 40 . PUBLIC HEARING SOLID WASTE, MANAGEMENT ORDINANCE & AGREEMENT Mayor Snyder opened the public hearing . At the regular City Council meeting on February 24 , 1986 , the City Council introduced the Solid Waste Management Ordinance, and reviewed proposed rates . Staff was directed to determine the appropriate franchise fee to achieve a 15G reduction in the residential single can rate . If the City CM-5-44 Regular Meeting March 10, 1986 imposes a 4 . 8% franchise fee, the single can rate for residential service would be $4 '. 90 per month . It is estimated that a 4 . 3% fee will generate $57 , 000 on an annual basis . The City of Dublin will assume the role of franchisor on April 1 , 1986 . Staff negotiated with Oakland Scavenger Company for a comprehensive ordinance which outlines regulations imposed on the collection and disposal of solid waste . Specific exemptions to the franchise are allowed for recycling and removal by residential customers . However , residential customers may not remove waste from more than one residential unit . The conditions imposed by this ordinance will assure that an adequate system of solid waste management services are provided in the community . The ordinance has been prepared to take effect immediately, due to the need to assume the role as franchisor effective April 1 , 1986 . The ordinance should be adopted as an urgency measure pursuant to State Law. Discussion was held with regard to whether DSRSD should continue to receive free service at their facilities . The Council indicated that thought should be given to this , with further discussion in the future . No public comments were made . Mayor Snyder closed the public hearing . Cm. Jeffery questioned if Dublin foresees any problem getting on the Joint Rate Review Committee . Staff responsed that we do not . On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote , the Council waived the reading and on an urgency basis , adopted ORDINANCE NO. 2 - 86 REGULATING SOLID WASTE MANAGEMENT On motion of Cm. Hegarty, seconded by Cm. Vonheeder , and by unanimous vote , the Council adopted RESOLUTION NO. 23 - 86 ADOPTING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND SCAVENGER COMPANY REGARDING WASTE COLLECTION AND DISPOSAL On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,. the Council adopted RESOLUTION NO. 24 - 86 ESTABLISHING A SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION CM--5-45 Regular Fleeting March 10, 1986 PUBLIC HEARING RECREATIONAL VEHICLE ORDINANCE Mayor -Snyder opened the public hearing. On February 24 , 1986 , the City Council amended and introduced an ordinance regarding recreational vehicles , boats and similar items . The ordinance establishes requirements for storing RV' s in the front, side and rear yards of residential properties . Only one RV could be stored in the front yard area . . The number of RV' s stored in the rear and side yards and in the front driveway would be unlimited. Any .RV stored in the front yard area would need to be validly licensed and operable . The ordinance will take effect 90 days after its passage , or June 8 , 1986 . Mr . Zev Kahn, 11708 Harlan Road questioned if this ordinance will be enforced on a complaint only basis . Staff responded that illegal street parking is continually enforced by the Police Department, and that 99% is in response to a complaint . Mr . Kahn requested that thought be given to some other kind of mechanism for enforcement . Cm. Moffatt requested elaboration as to what Mr . Kahn had in mind. Mr . Kahn indicated he had no particular ideas in mind but felt that strict enforcement may be the only way to get some of the vehicles off the street . Staff clarified that enforcement on private property would continue to be on a complaint basis only . Mayor Snyder closed. the public hearing . On motion of Cm. Moffatt , seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 3 - 86 AMENDING CERTAIN PROVISIONS OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING RECREATIONAL VEHICLES PUBLIC HEARING AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT Mayor Snyder opened the public hearing . At the regular City Council meeting on February 10 , 1986 , the Council adopted a Resolution of Intention to Approve an Amendment to .the PERS Contract and introduced the Ordinance Authorizing the Amendment . State Law regulating the amendment process requires a 20 day waiting period between the adoption of the resolution and the adoption of the ordinance . The ordinance removes the exclusion of public officials from membership in CM-5-46 Regular Meeting March 10, 1986 the Public. Employees Retirement System (PERS) . As a result of this change , the employer ' s contribution on all covered employees is anticipated to increase 0 . 3840 . -Pursuant to legal requirements , these cost figures were disclosed on February 10 , 1986 . This Ordinance will become effective April 9 , 1986 . The exclusion would be removed for the payroll period beginning April 12 , 1986 . Mayor Snyder closed the public hearing. ' On motion of Cm. Moffatt , seconded by Cm. Vonheeder, .and by majority vote , the Council waived the reading and adopted ORDINANCE NO. 4 - 86 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DUBLIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM and RESOLUTION NO. 25 - 86 PRESCRIBING THE TIME & METHOD OF PAYING •SALARIES AND WAGES AND RESCINDING RESOLUTION NO. 97-85 Cm. Jeffery voted NO on this motion . ESTABLISHMENT OF RECYCLING FACILITY AND RECYCLING TRANSPORTER PERMIT FEES The Solid Waste Management Ordinance introduced on February 24 , 1986 contains provisions for the regulation of recycling activities . As directed by the City Council , Staff prepared a resolution establishing fees . The resolution designates that a fee waiver may be granted pursuant to Resolu- tion No . 120-84 . The purpose of the permit process is to assure that solid waste collection is not conducted outside the franchise ordinance under the guise of recycling . The City Council has previously adopted Ordinance No . 120-84 , which established an administrative procedure to exempt specific fees imposed on activities conducted by Dublin based non-profit organizations . The information collected on the permit application is designated in the Solid Waste Management Ordinance . Staff anticipates that this information can be easily collected at the, time that the applicant processes any required land use permits . Cm. Moffatt questioned if an organization could come into the area and become involved if they are sponsored by a Dublin based non-profit organization . CM-5-47 Regular Meeting March 10 , 1986 Staff responded that it is typically the non-profit group that applies for the permit, and they are the ones who benefit, but they contract for the bins or whatever else is needed. On motion of Cm. Jeffery, seconded. by Cm. .Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 26 - 86 AMENDING RESOLUTION NO. 96-84 TO ESTABLISH PERMIT FEES FOR THE OPERATION OF A RECYCLING FACILITY AND RECYCLING TRANSPORTERS ROY MORET SAN RAMON ROAD IMPROVEMENTS RELATED TO PARCEL 941-040-001 Mr . Roy Moret indicated to the City Engineer that he would like to locate a driveway for his property at the northern end of his parcel adjacent to Martin Canyon Creek and also expressed concerns about the effect that the San Ramon Road Phase II improvements will have on his parcel . Mr . Moret ' s contention is that the site plan presently being proposed for his parcel is more effective with the driveway to the north, and should that project not go through, he still wants the flexibility of being able to have driveway access at any point . Staff indicated that an auxiliary southbound access lane would begin just after the end of the 84 " diameter pipe headwall and bikeway bridge at Martin Canyon Creek . This lane would become full width near the southern end of the Moret property . Staff recommended, from a safety standpoint, that this be the first location at which a driveway opening should be placed. The second option, to allow the driveway as Mr . Moret requests , would be to move the beginning of the auxiliary lane to the north . This would require the removal of two large old walnut trees and a total reconstruction of the upper end of the pipe and bridge, at an estimated cost of $50, 000-$100 , 000 . Mr . Moret introduced Mr . Myron Crawford and Mr . Jess White who presented an overview of the area plans and traffic patterns as they see them. It was indicated that on this date , they had submitted a request for an amendment to the specific plan for San Ramon Road. What they have envisioned, they feel actually carries forth what the plan calls for . Mr . Crawford stated that moving the driveway can impact the site greatly and they were concerned regarding Staff ' s discussions regarding an interim driveway location . The San Ramon Road Specific Plan encourages consolidation of parcels and they were concerned that their ingress/egress access may be threatened. They have had a number of work sessions with the adjacent property owners . Mr . John Nichandros recently withdrew from the Planned Development discussions . CM-5-48 Regular Meeting March 10, 1986 Various handouts prepared by Mr . P•Moret ' s representatives were passed out to Council and Staff for discussion purposes . Cm. Hegarty pointed out that according to the Specific Plan, they need a minimum of 4 acres to develop an office concept . In order for this to take place , the City needs some statements or guarantees from the other property owners that they agree to be a part of this proposal . City Manager asked. if the specific plans which have been submitted for Federal approval would preclude a driveway in the area being discussed. City Engineer Thompson responded that it would not . Jess White explained that they are interested in developing 4 small 3-story office buildings that small to mid size companies could buy to establish identities . Mr . Moret presented a lengthy summary to his request that the center line of the driveway into his property be at least 40 ' from the southern property line . Following discussion, on motion of Cm. Jeffery, seconded by Cm. Flegarty, and by unanimous vote, the Council directed Staff to leave the road design in its present location and to conceptually allow a driveway at the southern portion of the Moret . property, as long as its location is safe from a traffic safety standpoint . There shall be no additional cost to the City . FISCAL YEAR 1985-86 MID-YEAR FINANCIAL REVIEW Staff prepared and presented for Council review an indepth financial report , and explained that the estimated expenditures for Fiscal Year 1985-86 are $9 , 022 , 562 , not taking into consideration expenditures funded by the proceeds of the Civic Center Certificate of Participation Issue, and the San Ramon Road Assessment District Bond Issue and Debt Service . The estimated revenue for Fiscal Year 1985-86 is $9 , 229 , 655, excluding special revenues from the certificate and bond issues . Estimated. revenue is approximately $207 , 093 , or 2% greater than anticipated expenditures . This small increase will have a negligible impact on the City ' s reserves identified in the Adopted Budget . Based on the revised revenue estimates , the City is still approximately $170, 000 under its Appropriations Limit . On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council .approved the budget adjustments . CM-5-49 Regular Meeting March 10, 1986 CIVIC CENTER DEVELOPMENT PROCESS The City is in the process of acquiring a site for a Civic Center facility, and the next phase of the development process will be the selection of an architect to prepare plans . Staff reviewed selection methods used by other public agencies and proposed that a 'two-stage process be utilized with a Civic Center Development Committee involved in the screening process . Staff recommended that this Committee consist ' of 2 City Councilmembers , City Manager, Assistant to the City Manager, Planning Director, City Engineer, Building Official , and Police Chief . In addition to selecting the architect, Staff recommended that the Committee also have the responsibility to make recommendations to the City Council regarding potential uses for the remainder of the Civic Center site in order to facilitate the design process . Council consensus was that Councilmembers serving on this Committee will be Cm. Jeffery and Cm. Moffatt . On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote , the Council approved the architect selection process and the content of the Request for Qualifications and authorized Staff to solicit responses . OTHER BUSINESS ABAG Amendments Cm. Moffatt indicated that 2 amendments need to be discussed prior to ABAG ' s March 27th meeting . Council consensus was that they could be discussed at the March 24th meeting . Keep America Beautiful Mayor Snyder reported that he and Paul Rankin, Joanne Castro and Bill Foster met last week with a representative from the "Keep America Beautiful" program. They have a program that could tie in with local events with regard to Dublin Pride week, and a lot of valuable information . Theresa Kreech indicated that she could make a presentation to the Council in the future . They have a one-time cost plus annual dues arrangement . The Council indicated an interest in having a future presentation from this organization . CM-5-50 Regular Meeting March 10, 1936 Tri-Valley Citizen ' s Advisory Committee Planning Director- Tong reported that recently at the Tri-Valley Planning Commission meeting, Alameda County put forward the idea of a tri-valley citizen ' s advisory committee . Citizens were to request appointment from each of the individual cities . There is some confusion in terms of who would actually make the appointments and Alameda County needs to clarify this Point . CLOSED SESSION (Cancelled) The closed session was cancelled due to the fact -that the City Attorney was not present at the meeting . City Manager Ambrose advised the Council that there would be another settlement hearing on Friday related to the City of Dublin vs . The Sawmill . ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 10 : 10 p .m. This meeting was adjourned to a Special Meeting on Thursday, March 13 , 1986 ,. 7 : 00 p .m. , at Shannon Community Center, to discuss the City ' s Goals & Objectives . Mayor ATTEST: City Clerk CM-5-51 Regular Meeting March 10, 1986