HomeMy WebLinkAbout05-28-1991 Adopted CC MinutesREGULi~ ~EET[N~ - ~a~ 28~ 199L
A regular meeting of the City Council of the City of Dublin was held
on Tuesday, May 28, 1991, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7:30 p.m., by Mayor
Snyder.
ROLL CALL
PRESENT:
ABSENT'.
Councilmembers Howard, Jeffery, Moffatt and Mayor Snyder.
Councilmember Burton.
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of
allegiance to the flag.
DUBLIN PRIDE WEEK RECOGNITION (150-80)
In recognition of participation in 1991 Dublin Pride Week activities,
plaques were presented to representatives from all public and private
schools in Dublin. These included: Adria & Michaela Shelton from St.
Raymond's School; Elisha Peters from Valley Christian Elementary; Jeff
Gadd from Valley Christian High School; Bill Basacker from Dublin High
School; Rachel Statham from Frederiksen School; Jacob Goodwin, Jason
Benz, Wanjiku Kamau (Kids for Saving the Earth Club) from Murray
School; Janell Dilks from Nielsen School; Ann Read, Principal of Wells
Middle School; and Liam Reardon from Valley High School. No one was
present to accept the plaque from Valley Lutheran School.
Brian McBride, Principal of Frederiksen School stated he felt this
event provided a wonderful relationship with the City and they also
appreciated the new playground at their school.
Richard Del Tredici, Principal of Valley High School felt this was a
real nice opportunity for the students to participate.
Several other school faculty members, students and parents were
present in the audience.
Presentation to Mike Nave Former City Attorney (610-50)
Mayor Snyder presented a plaque to Mike Nave, Dublin's first City
Attorney and honored him for serving as City Attorney during Dublin's
formative years from 1982 to 1990.
Cm. Jeffery stated she especially appreciated Mr. Nave's sense of
humor and his ability to entertain.
CM - VOL 10 - 192
Regular Meeting May 28, 1991
Mr. Nave stated it was a great 8 years and he feels that Dublin is a
great City. It is wonderful to have friends in such a special City.
Everyone who lives in Dublin should be very proud of their City
Council. He specifically noted that the appearance of Dublin
Boulevard looked very pleasing now that the trees are 20-30' tall. He
was very proud to have been Dublin's first City Attorney.
Mayor Snyder stated had it not been for Mr. Nave and Interim City
Manager George Gaekle, Dublin residents would not have been so
fortunate as to collect 1% of the sales tax. We had to sue the County
to be able to collect our full share. This is but one example of the
very fine work that Mike has done on Dublin's behalf.
CONSENT CALENDAR
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Burton absent), the Council took the following actions:
Approved Minutes of Regular Meeting of May 13, 1991;
Received the Winter Quarter, 1991 Recreation Report (950-30);
Authorized the City Manager's attendance at the ICMA Annual Conference
being held in Boston on September 22-25, 1991 (710-20);
Accepted improvements under Contract 91-01, Annual Sidewalk Safety
Repair Program~ and authorized final progress payment of $4,039.56 to
E & D Systems (600-30);
Accepted improvements under Contract 90-02~ Alamo Creek Park Phase II,
authorized $17,892.13 retention payment to RMT Landscaping, authorized
Staff to release $15,821 which is being withheld due to a
Subcontractor Stop Notice, once the Notice has been legally cleared,
and authorized a $104,170 transfer from Unallocated Reserves into this
project account (600-30);
Adopted
RESOLUTION NO. 42 - 91
APPROVING AGREEMENT WITH GRAPEVINE CLEANING SERVICE FOR
CITY FACILITIES JANITORIAL SERVICES (600-30)
(CiViC Center-S4,517, Shannon Center-S1,148, Senior Center-S573)
Adopted
RESOLUTION NO. 43 - 91
APPROVING AN AGREEMENT WITH TERRASEARCH, INC., TO CONDUCT AN
ENVIRONMENTAL SITE ASSESSMENT FOR THE DUBLIN BOULEVARD EXTENSION
PROJECT (600-30) (Not to Exceed $6,800)
CM - VOL 10 - 193
Regular Meeting May 28, 1991
Awarded bid for 3 IBM PS2 MOD30 Computer Units (replacing Development
Services Syntrex Systems) to Whole Earth Access ($8,719.92) and
authorized an additional appropriation of $8,720 from the Internal
Service Fund reserve (380-20);
Approved Warrant Register (300-40) in the amount of $342,255.83.
Cm. Howard requested that the report on the Afterschool Recreation
Program be removed from the consent calendar for discussion. She
asked if parents are warned a couple of times of the closing time.
Recreation Director Lowart advised that they had never gotten to that
point. There have been a couple of cases where parents advised that
they would be late and the child would wait somewhere unsupervised.
On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Burton absent), the Council received the report related to
the Recreation Afterschool Program procedures (950-30);
HOPE HOSPICE REQUEST RE TREE OF LIFE (560-60)
Recreation Director Lowart advised that the organization, Hope
Hospice, has requested the City's assistance in locating a tree site
for their benefit event "Light Up a Life". They would like the tree
to be located in an area that is fairly visible to the community and
ideally, have adequate space available for a tree lighting ceremony.
City Staff recommended that the tree at the Library be utilized, and
this has been discussed with representatives of both Hope Hospice and
the Dublin Library. The annual cost to the City to install the lights
on the tree is approximately $440. If the City no longer did this, we
would reduce our expenditures.
Cm. Moffatt stated he liked this idea very much; it is an excellent
way for the City to help others.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Cm. Burton absent), the Council granted permission for Hope
Hospice to utilize the tree at the Dublin Library for their fund
raising event.
CITY OF SAN RAMON - PROMETHEUS DEVELOPMENT'S GATEWAY PROJECT (420-50)
Planning Director Tong advised that several residents have written
letters and called about the Prometheus Development's Gateway Project
in San Ramon. The proposed project includes a 111,000 square foot
neighborhood retail shopping center and 140 single-family residential
dwelling units on 85 acres at the northwest intersection of Alcosta
Boulevard and San Ramon Valley Boulevard in San Ramon. The shopping
center would include 2 anchor tenants, a Lucky Super Market
CM - VOL 10 - 194
Regular Meeting May 28, 1991
(relocating from Dublin) and a Walgreens Drug Store. Dublin residents
have expressed concerns about the potential impacts from the proposed
project and the need for adequate mitigation measures.
Mr. Tong distributed copies of their proposed site plan map. He
advised that Dublin Planning Staff has identified issues and concerns
related to traffic, noise, aesthetics, construction impacts,
geotechnical and environmental review.
William McCauley, 8786 Augusta Court stated that most of the issues of
concern were addressed. This is a disturbing occurrence, particularly
for those residents right on Alcosta Boulevard. Residents have
listened to the developer describe the plan. They originally thought
this site was to be residential. It is surprising that when you look
at this project and consider the affects on an established neighboring
community, it will have a profound affect on the neighboring area.
Since Lucky's is a 24 hour operation, this seems like an enormous
imposition on the community. Headlights from cars and trucks, as well
as parking lot lights will also be another problem. Mr. McCauley
discussed the proposed hook ramp. CalTrans advised that this was a
very dubious project and that this was at least 6 years in the future.
They have met with the developer and let him know their concerns.
Another meeting is scheduled for Wednesday evening. He was very
concerned regarding their basic integrity. Much of what he has heard
doesn't give him much solace. He asked what they could expect in the
way of help from the City. He questioned if this was a typical case
of "you can't fight city hall". He stated he hoped that the Dublin
City Council is on good terms with the San Ramon City Council. He
stated he believed that something can and will be done to make sure
that everyone wins in this situation.
Cm. Moffatt questioned what they were looking for. Lucky's is right
across the street from them now. If they enlarged their store to
50,000 or 60,000 sq ft~ Cm. Moffatt asked if this would be of concern
to them.
Mr. McCauley stated this was a different situation; he was talking
about imposing on an established neighborhood. Lucky's was there when
the neighborhood was built. This brings about a completely different
situation and imposes hardships that don't currently exist.
Cm. Moffatt questioned if they had seen any traffic figures on this
area~
Mr. McCauley stated they looked at some traffic studies of the area.
It is particularly disturbing when you look at the traffic going up
and down Southwick. It is shown as zero, so this would indicate that
the street may be closed.
Mr. Tong stated it was his understanding that there is no proposal to
close off Southwick.
Mr. McCauley stated it really didn't take an engineering degree to see
how things are being set up.
CM - VOL 10 - 195
Regular Meeting May 28, 1991
Cm. Moffatt questioned if ingress and egress were closed off of
Alcosta Boulevard, if this would be an acceptable mitigation measure.
Mr. McCauley advised that he would have to review this further before
he could comment. They would certainly give consideration to any
mitigations. He felt they could accept a mitigation factor of placing
the shopping center on the north and residential on the south end of
the project site.
Michael Merrill~ 8798 Augusta Court stated his rear property line
backs up to Alcosta Boulevard. He expressed concern because somehow
Dublin was not informed about this project. They are the only
neighbors of this project and until very recently, they were never
informed that this project was even going on. This certainly seems
suspect. He was concerned that shopping centers attract crime,
particularly those close to freeways become ideal for drug type
crimes. The idea of good neighborliness should require the City of
San Ramon to at least inform adjoining property owners. He thanked
those Councilmembers who took the time to show up last week at their
meeting and provide input. They look forward to any help the City can
give them in resolving this.
Cm. Jeffery stated she felt it was extremely rude on San Ramon's part
that neither the residents nor the City were notified.
Michael Jarchow, 8618 Southwick Drive thanked Mr. Tong's Office for
their helpfulness in this matter. He was concerned regarding
conflicting information which has been given by the developer.
Everyone is somewhat overly sensitive about this project. The
shopping center could be moved to the north. He stated they need help
from the City of Dublin. It seems that Dublin is getting the dark
side of the fence from this development. The development will occur,
and those impacted want some say in the process of how it will be
done.
Todd Regonini with Prometheus Development in San Mateo advised that
they are currently processing the Gateway Project in San Ramon. The
site is about 85 acres. He displayed maps and gave a background of
the project. They concur with the recommendations of the Dublin
Planning Staff and feel this is the best method and program to move
forward. They will be meeting with the neighbors tomorrow night. A
good portion of the information is not yet put together, but they will
be dealing with the concerns at the meeting the following evening.
Cm. Jeffery stated she did not feel the size of the project warranted
a shopping center and she questioned their marketing research.
Mr. Regonini advised that there had been a substantial amount of
market research done. The stores feel there is a strong need in the
area.
CM - VOL 10 - 196
Regular Meeting May 28, 1991
Cm. Jeffery stated she felt a lot of people will not shop at Lucky's
if they move into San Ramon. She asked if they had considered not
having an exit onto Alcosta Boulevard. She also asked if delivery
trucks could enter the project at a place where they would impact the
project rather than the residents of Dublin.
Mr. Regonini stated they were considering having the main entry to
service areas behind the stores from the north. This would reduce the
truck and service traffic on Alcosta to exiting vehicles only.
Cm. Jeffery questioned what other projects they have going in the
Valley.
Mr. Regonini advised that their most recently completed project is the
Hacienda Garden Apartments in Pleasanton. They also finished up 1333
North California Street in Walnut Creek where Scott's Seafood
Restaurant is located.
Cm. Jeffery advised that if they ever considered doing a project in
Dublin, we would demand courtesy. The Dublin Council meets regularly
with the San Ramon Council at liaison meetings and this could have
been discussed.
Cm. Moffatt asked how long they had been in business and also who the
principals were.
Mr. Regonini responded that they had been in business for 25 years.
It is a privately held company with one major partner and 4 vice
presidents. They are located in San Mateo.
Cm. Howard questioned the hook ramps which were mentioned to be built
in the future. This will be a long detailed process in order to meet
all the design requirements of CalTrans.
Ingress and egress were discussed and Mr. Regonini advised that there
will be some additional signalized intersections in the future.
Ms. Jeri Kuni, 8799 Augusta Court referenced the San Ramon Planning
Commission report related to the required findings. They state that
the proposed development will not be detrimental to the health, safety
and general welfare of persons residing or working in the neighborhood
of such proposed development. She stated she hopes that San Ramon
will live up to their statements.
Cm. Jeffery questioned if the hook ramp is the one that the City of
San Ramon will have to pay for themselves and stated that if this is
the case, it may not occur.
Mr. Tong advised that TJKM is currently reviewing a copy of the
traffic study. We have also requested a copy of the Final EIR.
Cm. Jeffery advised that Dublin had an agreement with San Ramon
regarding the signal at Alcosta/San Ramon Road/San Ramon Valley
CM - VOL 10 - 197
Regular Meeting May 28, 1991
Boulevard. We put the signal in and they agreed to handle costs of
maintenance and any modifications in the future.
Mr. Ambrose stated that the agreement recognizes that they are
responsible for all future modifications.
Mayor Snyder stated he presumed that there will be some benefit to the
developer meeting with Dublin residents on Wednesday evening. The
Planning Department will have contact with the City of San Ramon
regarding this project and he was hesitant to ask for legal advice at
this point in the process.
Ms. Silver advised that she had only reviewed the Staff Report which
was included in the agenda packet. She had not seen the description
of the project or the EIR. She pointed out that Dublin does not have
any control over land uses in the City of San Ramon.
Mayor Snyder stated Dublin can comment under the EIR and will
obviously do this to make sure mitigation measures are covered.
Ms. Kuni questioned what happens after the Dublin City Attorney
reviews the EIR and if something doesn't look right.
Ms. Silver stated she would advise the Dublin Staff. Dublin residents
need to follow the project very closely and make whatever objections
they feel are appropriate.
Mayor Snyder stated the City Attorney will advise the Planning
Department if there are problems in the report. The mitigation
efforts would attempt to come to some kind of conclusion and
obviously, come to a win/win situation. Dublin's general protection
is through the EIR process. It is quite common for developers to
attempt to mitigate and listen to concerns as they go along.
Tom Wadman, 8250 Rhoda Avenue expressed concern for Dublin as a whole
as we lose shopping centers and/or they deteriorate. He asked if
anyone had contacted Lucky's.
Mayor Snyder discussed the downtown committee situation. This
committee will be addressing this. He advised that he had spoken with
representatives from Lucky's and invited them to sit down and discuss
this.
An unidentified member of the audience asked if the residents should
challenge the EIR and if they did, questioned if Dublin would back
them up. He advised that San Ramon even went so far as to contact the
Town of Danville, but not the residents who are closest to the
property.
Ms. Silver advised that the EIR process is the opportunity for members
of the public to comment on proposed projects. Comments need to be
made to the City of San Ramon and can be submitted in writing or made
at the public hearing.
CM - VOL 10 - 198
Regular Meeting May 28, 1991
Mr. Tong stated if the document is inadequate, the first recourse
should be to address the City of San Ramon. This will only delay the
project, but not stop it. It's alSo important for lines of
communication with the City of Dublin to stay open.
~Cm. Moffatt asked if it would be appropriate to have a Dublin Planning
Staff member present at the meeting the following night.
Mayor Snyder stated if there was an invitation, we could certainly
request that someone attend.
Mro Merrill stated they would welcome anyone from the Dublin Planning
Department Staff to attend, as well as any Councilmember. The meeting
was to be held at Majors Engineering, 100 Park Place, San Ramon.
By a Council Consensus (Cm. Burton absent), Staff was directed to
continue to work with the developer, San Ramon, and residents in
identifying potential impacts and obtaining adequate mitigation
measures.
REQUEST TO ESTABLISH DRUG FREE SCHOOL & PARK ZONES (580-40)
Dublin Police Lt. Gomes advised that the Dublin Unified School
District has requested that all public and private schools and all
City parks be declared Drug Free Zones. While there are federal laws
related to the use~ sales, manufacturing and/or storage of controlled
substances~ they generally require that large amounts of a controlled
substance be involved before the statutes can be enacted.
Lt. Gomes advised that under the provisions of the California Juvenile
Drug Free Zone Act of 1990, persons convicted of specific controlled
substances violations within 1,000 feet of schools, playgrounds or
other specified facilities are subject to enhanced penalties when
sentenced.
The District Attorney's Office has assured Staff that they will charge
eligible cases that occur in the City of Dublin with the appropriate
enhancements as stipulated by law. This proposal would include the
purchase, posting and maintenance of 21 Drug Free School Zone signs
and 14 Drug Free Playground Zone signs at various school and park
locations within the City. The estimated price for the installation
of the signs is $100 per unit, which includes labor, steel pole and
mounting hardware. This price does not include the signs themselves,
which Staff estimates would not exceed $1,000. Lt. Gomes pointed out
that Valley Lutheran School had been left off the list.
Lt. Gomes advised that the purpose of posting the signs is to provide
a visible deterrent at schools and parks and to acquaint potential
offenders with the additional penalties that may be incurred.
Mayor Snyder indicated that signs.may indeed be a deterrent, but we
may not be aware of how much or if they help.
CM - VOL 10 - 199
Regular Meeting May 28, 1991
Cm. Jeffery asked if this item had come through the School Board.
Lt. Gomes advised that Tom Mullican was part of a committee that
started working through the School District in deciding how they
wanted to go about this. At the time the committee began, there was
only the Federal Law. There is now State Law in effect.
Cm. Jeffery stated Berkeley has these signs up and it is kind of a
joke. She indicated she had problems with putting up something like
these signs as they do more harm than good. It seems to call negative
attention to an area and also, they look tacky.
Cm. Howard questioned if the Resolution could be adopted and the signs
not put up.
Lt. Gomes stated this could be done.
Cm. Moffatt felt that any way you could stop the usage of drugs is
certainly a valid program. He had discussed this with other cities
and it seems to be very effective. This is a valuable tool to help
stem the problem.
Cm. Jeffery stated using this reasoning, why not also put up signs for
prostitution free zones, stealing free zones, etc.
Cm. Howard asked what would actually be on the signs.
Lt. Gomes advised that the school committee recommended what the signs
would say. Adoption of the Resolution will send out a message that
the City supports this.
Cm. Moffatt felt a Resolution would be forgotten in about 10 days°
Cm. Jeffery stated if we put up these signs all over town, people
making a decision on whether to move into our community would get the
wrong impression. Dublin has drug problems, just as every community
does, but she felt that these signs would take away from the warmth of
the community. She did not feel that Dublin has such a great problem
that it should be put up in neon.
Cm. Moffatt stated he thought new people coming in would be happy to
see the signs.
Cm. Jeffery questioned if the money would come out of this years or
next years budget. There will be things that might not get funded if
money is spent on these signs. We may have to trade off something
else.
Mr. Ambrose advised that an option would be to have Staff include the
project for consideration with next years budget when the Council
deliberates in June.
Cm. Moffatt asked if funds were available this year.
CM - VOL 10 - 200
Regular Meeting May 28, 1991
Mr. Ambrose advised that funds would have to be taken out of reserves.
Cm. Moffatt made a motion which was seconded by Cm. Howard to adopt
the resolution and to authorize a $4,500 budget transfer from the
Contingent Reserve to a new Capital Project Account for the purchase
and installation of 37 signs.
When questioned if Cm. Moffatt's motion included both adopting
Resolution and installing signs, he verified that it did. Following
further discussion, Cm. Moffatt withdrew his motion and Cm. Howard
withdrew her second to the motion.
On motion of Cm. Howard, seconded by Cm. Jeffery~ and by unanimous
vote (Cm. Burton absent), the Council adopted
RESOLUTION NO. 44 - 91
ESTABLISHING DRUG FREE SCHOOL AND PLAYGROUND ZONES WITHIN 1,000 FEET
OF DUBLIN PUBLIC AND PRIVATE SCHOOLS AND RECREATION AREAS
Mayor Snyder stated that installation of the Signs would be considered
during the budget deliberations.
RELEASE OF WATER FROM DEL VALLE RESERVOIR
COMMENTS FROM ZONE 7 BOARD OF DIRECTORS (1000-40)
Public Works Director Thompson advised that in April, the City Council
received an update on the status of drought restrictions and discussed
the release of water by the Alameda County Flood Control and Water
Conservation District (Zone 7) from Del Valle Reservoir. The Council
requested a status report regarding alternatives to the present system
for releasing water from the reservoir. The State requires that the
water level be kept at or below a specific point for flood control
purposes.
Zone 7's Chairman of the Board of Directors explained in
correspondence that Del Valle Reservoir has a flood pool elevation of
about 40,000 acre feet. Normal operation is to fill the lake to the
40,000 acre foot level by the end of May and maintain that level until
after Labor Day when the State Department of Water Resources typically
draws the lake down to about 25,000 acre feet. This past winter,
however~ the Reservoir was left at about 30,000 acre feet.
Additionally, the DWR added another 7,000 acre feet to the Reservoir
prior to March 4, 1991. Therefore, the lake was nearly full, and it
was not possible to capture local runoff without going over the 40,000
acre foot level. A total of 3,653 acre feet were released between
March 25 and 27~ 1991.
The Chairman's letter indicates that Zone 7 and 2 other water agencies
have met with DWR to discuss the operation of Del Valle and the
aqueduct. Zone 7 has also requested additional water from DWR to make
up for the water that was released.
CM - VOL 10 - 201
Regular Meeting May 28, 1991
Mr. Thompson advised that Jim Dixon, General Manager of Zone 7 would
make a presentation related to Zone 7's plans to increase well and
pumping capacity so that the Valley would not be so dependent upon
receiving water allotments from DWR.
Mr. Dixon passed out charts and discussed the addition of additional
wells. They will be able to produce about 75% of their demand. It is
like needing a new car and buying 2 new cars in case one won't start.
They plan to ask for 2 large additional wells on line by next year.
They are projecting the water supply to be adequate to the year 2007.
Mayor Snyder asked in years where the Valley's demands are somewhat
less than what is available from the State Water Project, if it was
Zone 7's policy to accept what is available and then recharge the
ground water system.
Mr. Dixon advised that they never got the notice until very late, and
they never expected to have to meet 100% of the daily demand from the
ground water wells. Most agencies are making full payments to the
State, but getting no water this year. They don't treat the water for
agricultural purposes.
Cm. Moffatt asked questioned related to Kaiser Sand & Gravel and Lone
Star's levels.
Mr. Dixon advised that they have agreed to pay so much per ton when
they are through mining to reclaim the area for use by Zone 7. They
have agreements for this.
Cmo Moffatt questioned what happens to the excess water, and if it was
given back to the State.
Mr. Dixon advised that over the last few years, they have been taking
their full allotment as they have more space in their underground
basin°
Cmo Moffatt advised that he had heard statements that we have a 10
year ground water supply and asked if this was correct.
Mro Dixon indicated that about 125,000 acre feet could be extracted,
which would last about 7 or 8 years.
Recycled water and reverse osmosis procedures were discussed. Ground
water will primarily be served this summer, so people will notice that
it is harder.
Mayor Snyder questioned the method of readjusting ABAG's projections
and pointed out that they are not necessarily accurate from year to
year~ He asked the estimate of the per person water usage per day.
Mr° Dixon advised that they will continue to update their Engineer's
Report frequently as new information becomes available. They estimate
an average of 200 gallons per day. This figure is also affected by
industry in a community.
CM - VOL 10 - 202
Regular Meeting May 28, 1991
The Council thanked Mr. Dixon for the report and Zone 7's response to
Dublin's request.
PUBLIC HEARING
ORDINANCE ADOPTING 1990 EDITION OF NATIONAL ELECTRICAL CODE (440-20)
Mayor Snyder opened the public hearing.
Chief Building Official Taugher advised that State Law requires the
City to adopt the latest edition of the National Electrical Code
within 6 months after the State has adopted the code. An Ordinance
which would adopt the 1990 code was introduced at the May 13, 1991
City Council meeting.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Cm. Burton absent), the Council waived the reading and adopted
ORDINANCE NO. 7 - 91
AMENDING SECTION 7.36.030 OF THE DUBLIN MUNICIPAL CODE
BY ADOPTING THE 1990 EDITION OF THE
NATIONAL ELECTRICAL CODE BY REFERENCE
* * *
PUBLIC HEARING
DEVELOPMENT AGREEMENT ORDINANCE (600-10)
Mayor Snyder opened the public hearing.
Planning Director Tong advised that on May 13, 1991, the City Council
introduced the Development Agreement Ordinance which establishes
procedures and requirements for the consideration of development
agreements for specific projects. This Ordinance would add Chapter
8.12 to the Dublin Municipal Code.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote (Cm. Burton absent), the Council waived the reading and adopted
ORDINANCE NO. 8 - 91
ADDING CHAPTER 8.12 TO THE DUBLIN MUNICIPAL CODE
RELATING TO DEVELOPMENT AGREEMENTS
* * *
CM - VOL 10 - 203
Regular Meeting May 28, 1991
PUBLIC HEARING - ORDINANCE PROVIDING FOR
REVISIONS TO THE DUBLIN MUNICIPAL CODE (660-20)
Mayor Snyder opened the public hearing.
City Attorney Silver advised that on May 13, 1991, the City Council
introduced an Ordinance which would add, delete and/or amend various
chapters of the Dublin Municipal Code. Several of the changes were
recommended as a result of the recent Conner vs. City of Santa Ana
case, which requires a municipality to obtain a warrant prior to
conducting inspections or abatement activities on private property.
Most of the other changes are housekeeping in nature, and relate to
location of issuance of Peddler Permits, Elections, Establishing
Right-of-Way Lines, etc. The City Clerk will be coordinating the
first update to the Municipal Code in the next few months, and all of
these housekeeping type items can be corrected with the adoption of
this Ordinance.
Cm. Moffatt asked if there is a fee for a Peddler's Permit and how
long they are good for.
Ms. Silver advised that there is a fee, however, the change being
recommended has nothing to do with the fee. The County would no
longer be issuing the permits from their Hayward Office, but rather
then would be issued by Dublin Police Services in the future.
Lt. Gomes advised that normally, the permits are good for one year.
Mayor Snyder indicated that on parking lot signs regarding used car
lots, on the bottom of the signs there is reference to the Alameda
County Sheriff's Office. He asked if this would be changed.
Ms. Silver advised that the changes in this Ordinance only relate to
Peddler's Permits. In most of the ordinances, we have changed
reference from County to City. As new signs are put up, they will
have the correct reference to the City.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Burton absent), the Council waived the reading and adopted
ORDINANCE NO. 9 - 91
DELETING, AMENDING AND ADDING CERTAIN CHAPTERS AND
SECTIONS OF THE DUBLIN MUNICIPAL CODE
OFFICE PAPER RECYCLING PROGRAM FOR CITY OFFICES (810-60)
ASsistant City Manager Rankin advised that a proposal has been
received from Livermore-Dublin Disposal (LDD) for the implementation
of an office paper recycling program at City Offices, which will be
CM - VOL 10 - 204
Regular Meeting May 28, 1991
helpful in addressing state mandates to reduce the amount of garbage
placed in the landfill and in developing a model office paper
recycling program. There will be no cost to the City.
Mr. Rankin explained that LDD will provide special wastebaskets for
each desk. The janitorial service will empty the recycling containers
into a separate large basket. There will also be a large barrel
available at the photocopier machines to collect recyclable paper and
to allow employees to empty their individual containers during the
day. A separate, locked, collection bin will be placed in the
dumpster area and will be emptied on an as needed basis. Containers
will be provided at the Civic Center and also at Shannon Community
Center. LDD will report to the City on the estimated weight of paper
collected.
Mayor Snyder asked if we would in the future go to a special process
to separate white paper from colored.
Mr. Rankin advised that we will be able to include colored paper in
the bins. LDD initially proposed 2 different types of programs. We
requested that they address the situation from a long term standpoint.
Dan Borges with LDD stated they anticipate that this program will work
for a number of years. This program is designed to collect what is
known as mixed ledger. If the market continues to go down, however,
the people who buy the paper won't collect the mixed ledger.
Cm. Moffatt asked if there would be a charge to take the paper away
and if the costs would be offset since they are selling the paper.
Mr. Borges responded that the program is being set up at no cost to
the City. This is a pilot project between their offices and our
offices.
Cm. Moffatt asked if the City's rates would go down.
Mro Ambrose advised that we are not currently charged for pick up at
the Civic Center as this service is included in the franchise with
LDD.
Mro Borges advised that this will reduce the amount of waste that goes
to the landfill°
Mr. Rankin advised that LDD will report to us regarding the volume
they are collecting so that we can report this in the future.
Cmo Jeffery felt a container should be placed near the door to the
Council Chambers. She also thanked LDD for their donation toward the
Welcome Home Heroes Parade on May 18th.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous
vote (Cm. Burton absent), the CounCil approved the implementation of
this program and adopted
CM - VOL 10 - 205
Regular Meeting May 28, 1991
RESOLUTION NO. 45 - 91
ADOPTING A POLICY FOR RECYCLING OF OFFICE PAPER
GENERATED BY CITY BUSINESS
AGREEMENT FOR FILING A
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES)
& FOR IMPLEMENTING A PROGRAM TO CONTROL URBAN RUNOFF (600-30)
Public Works Director Thompson explained that the Alameda County Urban
Runoff Clean Water Program was initiated to comply with the regulatory
requirements of the California Regional Water Quality Control Board's
San Francisco Region 1986 Basin Plan. The Basin Plan required the
implementation of a program to evaluate sOurces of pollutants in urban
runoff to estimate pollutant loads, to identify pollutant control
measures, and to implement a program of pollutant controls A Task
Force committee consisting of representatives from 7 cities, the
District, and Zone 7 of the District, was established to direct the
completion of the· needed work.
Mr. Thompson advised that one of the key activities of the Agreement
will be the filing for an NPDES permit by the agencies and co-
applicants. The purpose of the NPDES permit is to monitor and clean
up the City's storm drain water which flows into local creeks and
eventually to the Bay. It is anticipated that the NPDES permit will
be adopted for the Alameda County agencies in September, 1991, and
that the permit will be for 5 years. It is then anticipated that the
permit will be renewed after the 5 years and that the urban runoff
program will be a permanent responsibility of the municipalities and
other entities within Alameda County.
Mr. Thompson advised that another key activity will be to implement
the Alameda County Urban Runoff Clean Water Program.
The Agreement provides for the creation of a Management Committee
whose members will be appointed by the City Managers or their
equivalent from each of the participating entities. This Committee
will provide overall program direction and review, recommend an annual
budget for approval by the participants, and provide budget oversight.
Mr. Thompson discussed how the voting structure would be set up. The
Agreement contains a statement of intent by the District to fund both
the Individual and General Program costs for cities located in
District Zones with Benefit Assessment Programs to the extent such
funding is available. Dublin is not in one of these assessment
districts, and will be responsible for its individual share of the
costs.
The General Program activities, estimated at $3,300,000 per year, are
proposed to be funded by the member agencies on a proportional basis,
1/2 on population and 1/2 on land area. Dublin's share of the cost
and voting rights is 2.34% of the total ($77,000). Some of the
CM - VOL 10 - 206
Regular Meeting May 28, 1991
agencies already have an assessment district to cover these costs;
other cities are contemplating the establishment of utility fees or
new assessment districts.
Mr. Thompson explained several methods for funding the costs of the
NPDES permit and program. Dublin could elect to remain independent as
opposed to joining with other Alameda County agencies; however, the
stream monitoring costs and other administrative costs would be much
higher as the City of Dublin could not spread these costs to other
agencies. If Dublin eleCts to do nothing, the Regional Water Quality
Control District would impose a plan on Dublin, one in which the City
would not have input into or control over. If Dublin did not then
follow through in implementing the permit, Dublin would be subject to
legal action under the Federal Environmental protection Act.
Mayor Snyder advised that this program has been coming for a long
time. Unfortunately, one of the bad things is that no funding comes
with it.
Cm. Jeffery asked if we had checked with DSRSD to see if it could be
put on their bills. She also asked if the County could charge us for
collecting the charges under SB 2557.
Mayor Snyder felt it belonged on the tax rolls rather than the water
bills as this is a community wide responsibility.
Mr. Thompson advised that it is a little tougher to collect it under a
water fee. An assessment district would require an election.
Cm. Jeffery asked what would happen if people don't vote for it. Mr.
Thompson advised that we could go back to the utility fee°
Mr. Ambrose stated we cannot retroactively collect any costs incurred
in Fiscal Year 91-92. It appears that we will have a $144,000 hit on
our budget that we did not anticipate.
Cm. Jeffery suggested sending this as an example to our representa-
tives and showing what types of things we will have to eliminate as a
result of programs put into place without funding.
Mayor Snyder stated he felt we would be wasting our time doing this.
This has been a long time in coming and the Federal Government has
dealt with this for eons. What they are saying is that we are causing
the problem so we have to deal with cleaning it up.
Cm..Moffatt stated he thought there was a statute from the State that
says if they pass down programs to cities, there has to be funding.
Mayor Snyder clarified that this is a Federal program. Cm. Moffatt
asked who enforces this.
Mr. Thompson advised that we will have inspectors out more often than
we currently do. We will have to hire an additional 1/2 time position
CM - VOL 10 - 207
Regular Meeting May 28, 1991
to make sure we monitor industrial areas. We may look into fines for
violators.
Mr. Ambrose stated he felt the $144,000 was just the tip of the
iceberg. If we get a better handle on the types of things being
dumped, we will likely incur even more charges.
Mr. Shelley Sack with Alameda County Public Works stated this program
is one that has been done by the cities and which is for everyone's
common interest. It is designed to do what the State and Federal laws
require, in the best form.
Mayor Snyder asked if the cities weren't going together collectively
had Staff looked at costs. Mr. Thompson advised that it would be more
because each city would be duplicating each others work.
Cm. Moffatt asked if all the storm drains feed down into the DSRSD
structure. Mr. Thompson advised that some go directly to the Bay°
Mr. Sacks advised that this procedure is extremely expensive. There
is so much variation in the quality from storm to storm and even from
community to community.
Cm. Jeffery felt we should try to recover the money as soon as
possible.
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote (Cmo Burton absent), the Council adopted
RESOLUTION NO. 46 - 91
APPROVING AGREEMENT TO IMPLEMENT THE
ALAMEDA COUNTY URBAN RUNOFF CLEAN WATER PROGRAM
Cm. Moffatt stated if we do this through DSRSD, the fee would probably
be higher.
Ms. Silver advised that the problem is that the City doesn't collect
any utility bills. We have to ask DSRSD to collect the charge and
they will probably want to add a charge. If the County collects it
they can charge a fee also for the collection.
Cm. Jeffery felt that whatever fee we set should cover the cost of
collection. She would like to give Staff the option of looking at a
combination. If it needs to be one or the other, she felt it should
be an assessment district.
Mr. Ambrose clarified that his understanding was that the Council
wanted Staff to pursue a utility fee for Fiscal Year 1991-92 and then
an assessment district in the future.
The election process was discussed, and Cm. Jeffery stated she would
hate to have a special election for this.
**********************************************************************
CM - VOL 10 - 208
Regular Meeting May 28, 1991
Ms. Silver advised that the main difference between a utility fee
versus assessment district is that an assessment would be collected by
the County through the property tax payment. DSRSD would collect a
utility fee. Vacant properties can be charged, but they might not
necessarily have water service. If someone didn't pay, our only
recourse would be to pursue legal action individually.
Cm. Jeffery pointed out that if the community says no to this, we may
have to do this anyway.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Burton absent), the Council directed Staff to pursue a storm
water utility and maintenance fee for Fiscal Year 1991-92 and/or begin
proceedings for the long-term funding of this program through an
assessment district.
OTHER BUSINESS
Hacienda Interchange Dedication (800-30)
Mr. Ambrose reminded the Council of the invitation to attend the
dedication ceremonies for the new Hacienda Interchange off 1-580 on
June 5th at 4:30 p.m.
Cm. Jeffery questioned if the Dublin City Council was included or just
bystanders. Mr. Thompson indicated he would check on this.
ACTEB/ACAP (710-60)
Cm. Moffatt advised that it appears that ACTEB will probably be taken
over by the County. A consensus is that we probably won't have any
representation on ACTEB or on ACAP.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 10:30 p.m.
ATTEST:
~C~t~C~erK
OM - VOL 10 - 209
Regular Meeting May 28, 1991