HomeMy WebLinkAbout08-26-1991 Adopted CC MinutesREGULAR MEETING - August 26, 1991
A regular meeting of the City Council of the City of Dublin was held
on Monday, August 26, 1991, in the Council Chambers of the Dublin
Civic Center. The meeting was called to order at 7:32 p.m., by Mayor
Snyder.
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ROLL CALL
PRESENT:
ABSENT:
Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor
Snyder.
None.
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PLEDGE OF ALLEGIANCE
Mayor Snyder announced that the City was beginning a new program of
inviting Boy Scouts, Girl Scouts and Cub Scouts to lead the flag
salute.
Eagle Scout RiChard Freeman, from Troop 905 led the Council, Staff and
those present in the pledge of allegiance to the flag (610-20).
Mr. Freeman stated that he first joined the Scouts about 4 years ago
and set himself a goal to make Eagle Scout before entering high
school. He achieved his goal. After making Eagle Scout, they have
what is called Eagle Palms to earn more merit badges. He stated it is
a lot of fun being a Boy Scout.
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PRESENTATION OF SEPTEMBER CUSTOMER SERVICE AWARD (150-90)
City Manager Ambrose presented the third Customer Service Award to
Cece Farias, Building Secretary. This award is given based on the
various accomplishments of the candidates nominated who have been a
positive influence and force in the City.
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 August 12, 1991;
Received the Recreation Spring Quarter 1991 Report (950-30);
Adopted
RESOLUTION NO. 82 - 91
AUTHORIZING THE CITY MANAGER TO AWARD CONTRACT 91-04
(SHANNON CENTER EXTERIOR PAINTING) TO THE
LOWEST RESPONSIBLE BIDDER (600-30)
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Regular Meeting August 26, 1991
Received the Finance Report for Period Ending July 31, 1991 (330-50);
Authorized Staff to advertise Contract 91-06, Annual Striping and
Marking Contract for bids (600-30);
Authorized the City Manager to execute an agreement with Arlene
Willits, Management Consultant for customer service training (600-30);
Adopted
RESOLUTION NO. 83 - 91
APPROVING AGREEMENT WITH BERLOGARGEOTECHNICAL CONSULTANTS
FOR GEOTECHNICAL INVESTIGATION OF DUBLIN BOULEVARD
BETWEEN HANSEN DRIVE AND SILVERGATE DRIVE (600-30)
Approved Warrant Register in the amount of $1,116,297.00 (300-40).
Cm. Moffatt requested that the item related to repealing SB Z$57 be
pulled from the Consent Calendar for discussion. He felt that if we
complain and request a repeal, we should substitute an example of what
we feel would be meaningful reform. He suggested using the example of
a $ .50 tax on cigarettes or cigarette machines. He felt we should
come up with something concrete.
Cm. Jeffery advised that some of this has already taken place. An
example was the extension of automobile registration which the
legislators took and did not repeal. Some of the other things were
set in motion with the thought that SB 2557 would be repealed. The
sentiment is that we just need to push.
Mayor Snyder stated he is a member of the ABAG Fiscal Interdependency
and Reform Committee and would extend Cm. Moffatt's thoughts. As a
first effort in the State of California, they have attempted to get
cities in the whole state to apply pressure to the legislators.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council adopted
RESOLUTION NO. 84 - 91
URGING THE STATE LEGISLATURE AND GOVERNOR WILSON TO TOTALLY REPEAL
SB 2557 AND ENACT LOCAL GOVERNMENT FISCAL REFORM (660-40)
Cm. Jeffery requested that the Lions Club Handicap Playground project
at Kolb Park be pulled from the Consent Calendar for discussion.
Cm. Jeffery stated she was very impressed by what the Lions group has
done in working with the business community, with grants, and with the
various groups that donated items and services. There were all kinds
of people involved. Something very positive came out of this.
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Regular Meeting August 26, 1991
Mayor Snyder stated he was sorry that Bob Trimble was not present. He
came up with the idea and did 99% of the work to see that this was
accomplished. There were a lot of hard workers on this project.
Public Works Director Thompson stated the workers that were there did
a tremendous job. The City should send them a bidders list. They did
a very professional job and he certainly appreciated it on behalf of
the City.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council accepted the gift of improvements related to the
Lions Club Handicap Playground project at Kolb Park for City
maintenance; directed Staff to notify the Lions Club of final accept-
ance in accordance with Section 3 of the Agreement; directed Staff to
purchase plaques for formal acknowledgement in accordance with the
Gift Catalog policy; and authorized an additional appropriation of
$2,026.52 from the Contingent Reserve to this Capital Improvement
Project (600-30);
Cm. Moffatt stated that he and Cm. Burton were on the committee to
seleCt a new Tenant Commissioner for the Housing Authority. They had
5 candidates and he was happy to say that they came to the conclusion
and it was with great pleasure that he introduced Christopher Estes.
Cm. Burton stated the other 4 people should also be recognized. It
was not an easy choice. He was looking forward to Christopher Estes
getting more involved in the City.
Cm. Moffatt advised that Peggy Taylor had submitted a letter to
continue on the Board and he felt this was a good choice.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council adopted
RESOLUTION NO. 85 - 91
APPOINTING TENANT COMMISSIONERS PEGGY TAYLOR AND CHRISTOPHER ESTES
TO THE DUBLIN HOUSING AUTHORITY FOR A TERM OF
JUNE 1, 1991 THROUGH MAY 31, 1993 (110-30)
Shannon Park (920-60)
Mayor Snyder stated he wished to deviate from the agenda in order to
read a short letter he had just received from Shelley Kahn.
"Shannon park looks very good. Maybe the people on the
other side of Dublin don't know about the park. We should
thank the people who made the park by playing on the playset
and on the grass. It's a terrific place to play. There
will be a party at the park September 21st. People should
come. Your friend sencirely, Shelly Kahn"
· · · ·
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Regular Meeting August 26, 1991
VIACOM CABLEVISION-ALAMEDA COUNTY ASSESSMENT OF PROPERTY TAX (1050-20)
Assistant City Manager Rankin presented the Staff Report and advised
that in 1987, Viacom was acquired by another firm, which resulted in a
change of ownership under property tax laws in the State of
California. The County Assessor has recently determined the new
assessment for Viacom's holdings and the impact on the local franchise
is that the assessed value upon which Viacom's possessory interest tax
is calculated Will be $65.6 milliOn, compared to the 1987 assessed
value of $1.2 million. This amounts to a 5,003% increase.
Mr. Rankin advised that the Staff Report stated that Viacom
representatives have indicated that they anticipate a $1.50 per month
rate increase as a result of this action, and this amount is
independent of any additional general rate increase. Mr. Rankin
advised that a letter had just been received which indicated they
intend to modify this amount to $1.48.
Viacom has~ indicated that they intend to pay the tax as required, and
then pursue legal and administrative appeals. They have requested
that the City request that Alameda County repeal the excessive
assessment and select from the methodologies identified in the State
Board of Equalization Handbook as it relates to cable television.
Mr. Rankin reminded everyone that the City does not have any authority
to regulate cable television rates.
Cm. Moffatt questioned the $1.50 figure versus what he had read to be
$4.50.
Mr. Rankin clarified that Viacom intends to absorb the difference.
Cm. Moffatt indicated that the Assessor's Office went back to 1987,
and questioned why this wasn't done in 1987.
Mr. Rankin advised that he was not sure, but a letter indicates the
Assessor has up to 4 years to assess the property.
Myrt Jones, Viacom General Manager verified that the Assessor does
have 4 years to reassess. They were notified on July 1st that there
would be an increase. It was a very long and complicated process.
They were working with 9 other counties.
Cm. Burton questioned if the assessed valUe takes into consideration
the other 3 or 4 users who share the easements.
Ms. Jones indicated that it is not calculated in that way, but rather
it is different than the way homes are assessed. It is the
methodology with which they calculated the possessory tax that they
are questioning. Viacom is in a very unique situation.
Cm. Burton felt they had obviously discussed this with their legal
department and will fight it. He questioned what they felt their
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Regular Meeting August 26, 1991
prospects were. Price Waterhouse made an evaluatiOn. If they win, he
questioned how they will pay back the people.
Ms. Jones advised that they have a long laborious process in front of
them. The situation is mind-boggling. AS far as refunds, it is
really too early to figure out how that process will evolve.
Cm. Burton stated there is a very strong feeling out in the community
about the rising costs of cable television. A lot of people feel
there has to be some alternatives. Viacom should take into
consideration those people who don't use that much TV. There is a
real concern in the community.
Cm. Jeffery reminded everyone that the action before the Council was
just to look at what might be an unfair way of assessing Viacom.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council directed Staff to send the drafted letter to the
Alameda County Board of Supervisors.
PUBLIC HEARING-GENERAL PLAN AMENDMENT, REZONE AND CONDITIONAL USE
PERMIT REQUEST BY DOUGHERTY REGIONAL FIRE AUTHORITY (450-30)
Mayor Snyder opened the public hearing.
Associate Planner Choy advised that on February 19, 1991, the Planning·
Commission found the proposed DRFA Fire Station #1 to be in conformity
as to location, purpose and extent with the Retail/Office land use
designation of the Dublin General Plan. On June 10, 1991, the Council
initiated a General Plan Amendment Study and a Rezone Study for the
existing DRFA Fire Station #1 site at 7494 Donohue Drive. On
August 5, 1991, the Planning Commission recommended that the City
Council adopt the DRFA General Plan Amendment, approve the DRFA rezone
request, and approve the DRFA Conditional Use Permit request.
Mr. Choy advised that approval was given in August to Whitney
Investment Company Site Development Review application for
construction of 2 new buildings, totalling 4,801 square feet, on a
42,791 square foot portion of the existing 56,478 square foot site,
located at 7601-7603 Amador Valley Boulevard. The approved
development plan will result in a 13,687 square foot portion of the
parcel remaining undeveloped. This vacant portion of the site is
being acquired by DRFA. A lot line adjustment is being processed to
add this to the existing 15,000 square foot DRFA Fire Station #1
parcel located at 7494 Donohue Drive.
The Applicant is requesting approval to: 1) amend the General Plan to
designate the land use of the existing DRFA Fire Station #1 site at
7494 Donohue Drive from Public/Semi-Public Facility to Retail/Office;
2) rezone the combined parcels at 7494 Donohue Drive (from R-S-D-20,
Suburban Residential Combining District to C-i, Retail Business
District) and 7601 Amador Valley Boulevard (portion) (from PD, Planned
CM - VOL 10 - 311
Regular Meeting August 26, 1991
Development to C-i, Retail Business District); and 3) a Conditional
Use Permit to allow the establishment of a community facility, a fire
station, on the combined parcels within the C-1 District.
Mr. Choy advised that Staff and the Planning Commission recommend
approval of the proPosed General Plan Amendment. The proposed rezone
will be consistent with the General Plan, as required by State Law.
Because State Law requires 2 public hearings for an Ordinance change,
Staff recommended that the Ordinance be introduced and continued to
the City Council meeting of September 9th for the second reading and
adoption.
Staff and the Planning Commission also recommended approval of the
proposed Conditional Use Permit. The proposed DRFA Fire Station #1
will be built primarily on the southern portion of the combined
parcels. The existing station must remain operational until the new
station is completed. The existing station will then be demoliShed to
provide parking and landscaping for the new station.
Cm. Burton questioned if it had been established that this would be
the permanent place for the fire station when the east extension is
opened and/or San Ramon sets up their own fire department.
Mr. Ambrose advised that the Fire Authority had undertaken a fire
station location study based on 2 scenarios. The first scenario would
be if the existing arrangement remains and the other was if the 2
cities split apart. In either case, this station needs to be in the
same general area. A limiting factor is the unavailability in the
area of a vacant piece of ground. This particular piece of property
has a little less of an economic value to the City, than to use
property in the super block. Growth will require a new station to be
built in the expansion area, but this particular station would not
change. Geographical coverage is one of the factors to be considered.
Cm. Moffatt questioned the policy with CUP's in that sometimes a time
limit is attached and sometimes not. He asked how this determination
was made.
Mr. Ambrose advised that this was in accordance with Council policy
during the~Management Audit. Staff recommended that expiration dates
be eliminated and the Council adopted this policy. If conditions are
broken, then the City can go in and review the CUP. The City no
longer attaches expiration dates.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous
vote, the Council adopted
RESOLUTION NO. 86 - 91
ADOPTING PA 91-042 DOUGHERTY REGIONAL FIRE AUTHORITY
GENERAL PLAN AMENDMENT
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Regular Meeting August 26, 1991
and
RESOLUTION NO. 87 - 91
APPROVING PA 91-042 DOUGHERTY REGIONAL FIRE AUTHORITY
CONDITIONAL USE PERMIT AT 7494. DONOHUE DRIVE AND
7601 AMADOR VALLEY BOULEVARD (PORTION)
and waived the reading and introduced an Ordinance to rezone property
at 7494 Donohue Drive and 7601 Amador Valley Boulevard (portion) to
the C-1 District.
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PUBLIC HEARING
AMENDMENTS TO BUSINESS REGISTRATION ORDINANCE (390-40)
Mayor Snyder opened the public hearing.
Finance Director Molina advised that an Ordinance was introduced at
the August 12th City Council meeting which amends certain sections of
the Business Registration Ordinance which was adopted in October,
1990. The amendments would basically ease administration, lower
certain fees in accordance with the cost of performing certain
functions, and bring the Ordinance into conformance with recent
changes in the law.
No public comments were made relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council waived the reading and adopted
ORDINANCE NO. 12- 91
AMENDING THE BUSINESS REGISTI~TION ORDINANCE
REVIEW OF SOURCE REDUCTION AND RECYCLING (SRR) ELEMENT (810-60)
Assistant City Manager Rankin advised that the Consultant who was to
have been at the meeting slipped a disc and would be unable to attend.
He presented the Staff Report and adVised that as required by AB 939,
the City must reduce the amount of garbage placed in the landfill by
25% by 1995, and by 50% by the year 2000. The City is involved in a
joint study coordinated by the Alameda County Waste Management
Authority to develop a Source Reduction and Recycling Element, as
required by this State Law.
Mr. Rankin~discussed the 8 areas which will be covered by the SRRE.
The State has adopted a very specific format for analyzing and
presenting the information in the SRRE. In addition, the document
completed by each agency will be consolidated into a Countywide
Integrated Waste Management Plan. Throughjoint cooperation in the
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Regular Meeting August 26, 1991
Alameda County project, the City is given the opportunity to develop a
plan which uniquely reflects this community and is compatible with
other agencies. The ACWMA is paying for the cost of the plan through
tipping fees levied on garbage disposed of at the landfill.
Mr. Rankin indicated that based on studies conducted in 1990, the City
of Dublin is diverting 24.4% of all waste:generated from the landfill.
We must reach 25% by 1995. The City must be able to fully document
how it arrives at its stated diversion rate.
Mr. Rankin advised that a major component of the current diversion
rates is an allocation for recycling of asphalt and concrete. If the
law excludes these items in the future, the City will need to identify
methods of increasing other recycling in other areas to reach the
statewide mandates.
Mr. Rankin discussed the primary activities described in the Prelim-
inary Draft SRRE, as well as the long term efforts.
Funding was discussed and Mr. Rankin adviSed that given that this is a
Countywide study, certain assumptions may not accurately reflect the
City of Dublin. Staff will work with the Consultant prior to the
public hearing to further refine the cost estimates as they
specifically relate to the City of Dublin. It is anticipated that the
majority of the funding for programs which are purely local in nature
will need to come from the rate payers. Mr. Rankin stated it was
important to note that the passage of the State Law requiring this
planning did not provide for funding to local agencies for
implementation.
The City will be required to conduct a public hearing on the
Preliminary Draft SRRE and Staff recommended that this hearing be
scheduled for the October 10th Council meeting (rescheduled from
October 14th). Following this hearing, the Consultant will then
prepare a Final Draft which must be circulated for review to the Local
Task Force 45 days prior to the public hearing to adopt the Final
Plan. The City is required to have the Final Plan adopted by
January 1, 1992.
Cm. Moffatt asked if commercial disposal of recycled materials is
counted in our amount, i.e., if he brings his waste oil down to the
service station, is this counted in somehow.
Mr. Rankin responded that with regard to waste oil, he didn't think
this counts for diversion, because it's not supposed to be going to
the dump in the first place.
Cm. Moffatt asked about concrete and asphalt.
Mr. Rankin indicated that they have taken reports from the state and
attempted to calculate that back to the local jurisdictions, as best
they can.
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Regular Meeting August 26, 1991
Cm. Burton asked Staff what they thought the percentag$ increase would
be when we get into multi-family recycling. /
Mr. Rankin stated he thought it would be very little, maybe an
additional: 1%.
Cm. Burton indicated that in the recycling component, we don't have
anything that shows an incentive for people to recycle. If they do,
he asked if this would go towards our percentage.
Mr. Rankin advised that the only way we can get a credit is if we can
quantify it and show it. Costs of disposal is becoming more
expensive.
Cm. Burton felt we should look at ways of reducing the source.
Cm. Jeffery stated we are. looking at penalizing high end users.
Cm. Burton stated he felt we should look at it from a more positive
incentive. If someone could do something with the waste such as
making another product, this would be advantageous.
Cm. Burton questioned page 8 of the report that indicates that waste
from Dublin is taken to Vasco Road. He felt we should mention that we
take it over to the Pleasanton Transfer Station.
Mr. Rankin'stated that in that section, they are analyzing the
disposal facility'.
Cm. Burton stated he was interested in the County starting disposal
stations for hazardous waste and thought this was an excellent thing.
Eliot Healy, a Betlen Drive resident stated that from a user
standpoint of the curbside service, they were aggravated recently
because of some plastics that aren't picked up. They have the little
triangle mark on them, but they are rejected. He felt that one of the
areas where we could help reduce would be to find somewhere where this
could be used. The only thing they toOk was one of the plastic soda
bottles.
Mr. Rankin advised that our current program only takes those marked
with a #1 PET. There is not a market for the other containers that
are cost effective to take the material. The main change will need to
come from the manufacturers. More recyclable materials are coming out
such as salad dressing bottles. Plastics only accounted for 4%.
Mr. Healy stated he was just concerned that he is being charged for
the service and the County tried to add their charge also.
Mayor Snyder stated there is.a company in San Leandro that is trying
to expand on what is being taken so this might be a solution.
CM - VOL 10 - 315
Regular Meeting August 26, 1991
Mr. Healy stated he also thought the City might consider a place out
in East Dublin where residents could have a place to dump because the
prices are so high in Pleasanton.
Cm. Burton stated he noted in the report that 199 tons of diapers are
disposed of in Dublin each year.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council established a public hearing date of October 10,
1991 for public input on the Preliminary Source Reduction and
Recycling Element and authorized the release of the Draft for public
comment.
Cm. Burton stated he felt we should think of an incentive for people
who do positive things with recycling.
Mayor Snyder stated the whole program is set up, "either you recycle
or you pay". There is an economic incentive for manufacturers to use
a by-product in their plant.
Mr. Rankin advised that the largest recyclers we have are the
retailers who separate their corrugated cardboard.
OTHER BUSINESS
West Dublin Joint Study Session (420-30)
Planning Director Tong requested that the Council check their
calendars to determine if September 11, 1991, at 7:30 p.m., would work
to schedule a joint City Council and Planning Commission Study Session
related to West Dublin.
The Council concurred with this date.
Regional Meeting Room.
The meeting will be held in the
Meeting Scheduled with Historical Groups (910-40)
Cm. Moffatt advised that he and Cm. Burton had established a meeting
on September 4th to get together with all those people interested in
the historical aspects of Dublin.
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Regular Meeting August 26, 1991
Name of East and West Dublin Studies (610-20)
Cm. Burton stated the Council keeps getting materials and comments
about East and West Dublin. He felt there will be connotations to
this later on, and stated he would rather see them called eastern and
western, which doesn't denote a separation. He stated he hoped the
Council would agree to this concept, and direct that Staff start
referring to the areas as eastern and western.
Cm. Jeffery questioned if most of the printed material was set up and
whether Staff would have to go back and change all this.
Mr. Tong advised that there were some graphs and charts, etc.
Mayor Snyder stated he did not see any problem with the way it has
been done in the past. It has gone on for so many years, it is a
natural affinity and would be difficult to change the mindset of
everyone involved.
Cm. Moffatt stated he hates to see a distinction made between east and
existing and west. Using small letters would be a place to start.
Cm. Burton stated we are separated by Camp Parks and feels there will
be difficulty in the future if we don't change it now.
Cm. Howard~ stated it didn't bother her to use small letters and she
would go along with it.
Cm. Jeffery felt Cm. Burton's point was well taken and indicated she
did not want to make any formal pronouncement, but the areas could be
referred to as eastern and western in the future.
Cm. BurtOn clarified that he wanted to give Staff direction. It would
not be necessary to go back and change documents, but in the future,
just refer to the areas as eastern and western.
Mr. Ambrose stated he recognized this as a sensitive issue, but there
are documents already produced. It would be difficult to go back and
change every single reference.
By a Council consensus, wherever possible, Staff should refer to the
areas as eastern and western in the future.
CLOSED SESSION
At 8:50 p.m., the Council recessed to a closed executive session to
discuss: 1) Pending Litigation, City of Dublin vs. Alameda County
(Measure D), in accordance with Government Code Section 54956.9(a)
(640-30); and 2) Potential Litigation in accordance with Government
Code Section 54956.9(c) (640-30).
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Regular Meeting August 26, 1991
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 10:30 p.m.
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Regular Meeting August 26, 1991