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HomeMy WebLinkAbout11-26-1990 Adopted CC Minutes RE~UL~.R MEET~N~ - Noven~er ~6~ ~990 A regular meeting Of the'City Council of the City of Dublin was held on Monday, November 26, 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:37 p.m., by Mayor Moffatt. ROLL CALL PRESENT: ABSENT-. Councilmembers Jeffery, Snyder and Mayor Moffatt. Councilmembers Hegarty and Vonheeder. PLEDGE OF ALLEGIANCE Thee Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEE Finance Director Molina introduced Lynn Harrington, the new part-time Finance TeChnician. Ms. Harrington is a graduate of Dublin High School and attended Sacramento State and Chico State Colleges. The CoUncil welcomed Lynn aboard. CERTIFICATION OF ELECTION RESULTS (630-30) City Clerk Kay Keck advised that the City has received the Certifi- cation of Election results from the Alameda County Registrar of Voters. According to the results, out of 9,731 registered voters, a total of 5,776 votes were cast for the office of 3 City Councilmembers. Dave Burton, Lisbeth Howard and Paul Moffatt were elected to the Dublin City Council for 4 year terms. BURTON COSTELLO HEGARTY HOWARD MOFFATT VONHEEDER Total Votes 2,757 1,819 2,172 2,680 2,575 2,129 Precinct ~ & LOcation 525800 Christian Ctr School 176 525900 Shannon Center 168 525910 St. Raymond's Church 143 525920 Garage, Rolling Hls Dr 156 526000 125 78 ....... 156 107 88 108 171 -162 170 129 95 127 -169 156 -143 86 144 ....... 155 140 109 Library 135 83 76 97 ....... 98 81 @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 318 Regular Meeting November 26, 1990 526100 Nielsen School 164 98 526110 Garage, Hansen Drive 199 126 526200 Murray School 186 125 526300 Dublin High School 139 87 526310 Murray School 122 95 526400 Frederiksen School 175 118 526410 Frederiksen School 181 129 526420 Garage, Stagecoach Rd 138 93 526430 Arroyo Vista 113 85 526510 Wells Intermed School 187 120 140 -161 185 139 173 202 ....... 186 145 112 185 143 126 119 127 ....... 141 99 91 128 119 106 128 --- .... 165 168 148 137 ....... 170 165 150 125 ....... 158 140 137 103 -124 120 99 140 -176 172 151 Absentee Ballots 375 246 308 ....... 345 365 - 279 On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote (Cm. Hegarty & Cm. Vonheeder absent), the Council adopted RESOLUTION NO. 145 - 90 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1990, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ADMINISTER OATH OF OFFICE TO NEWLY ELECTED COUNCIT.MEMBERS (640-60) City Clerk Kay Keck administered the Oath of Office to the newly elected Councilmembers. · , . , SELECTION OF MAYOR AND VICE MAYOR (610-20) Mayor Moffatt announced that in accordance with a Memorandum from the City Attorney, which references Government Code Section 36801, the City Council is required to meet after a General Municipal Election and choose one of its members to serve as Mayor and one of its members as Vice Mayor. On November 24, 1986, the City Council unanimously established the policy whereby bi-annual election of Mayor and Vice Mayor will occur following the election. The City's Rules of Conduct for Council meetings provide that meetings shall be conducted pursuant 'to the most recent edition of Robert's Rules of Order. The current Mayor would continue to chair the meeting until the end of the meeting. Mayor Moffatt called for nominations for Mayor. @*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 319 Regular Meeting November 26, 1990 Cm. Jeffery nominated Cm. Snyder for Mayor. Following a reasonable period of time, Cm. Jeffery called for, and by a consensus, the nominations were closed. By a unanimous vote of the Council, Cm. Snyder was elected Mayor. Mayor Moffatt called for nominations for Vice Mayor. Cm. Snyder nominated Cm. Jeffery. Cm. Howard nominated Cm. Burton. Following a reasonable period of time, and by a consensus, the nominations were closed. Cm. Snyder, Cm.. Jeffery and Mayor Moffatt voted for Cm. Jeffery for Vice Mayor. Cm. Burton and Cm. Howard voted no. Since Cm. Jeffery received the required majority vote, Mayor Moffatt declared Cm. Jeffery as Vice Mayor. Since Cm. Jeffery won, Cm. Burton and Cm. Howard indicated they would change their votes in favor of Cm. Jeffery, and the vote, therefore, became unanimous. Mayor Moffatt announced that Cm. Snyder will take over at the next meeting. Cm. Snyder thanked the City Council for their support and stated he hopes the community will support this Council as a whole in the future. There is obviously a lot of hard work ahead of everyone, and everyone should continue on to make Dublin a strong and viable community. Cm. Jeffery welcomed the new Councilmembers and thanked former Vice Mayor Vonheeder and Councilmember Hegarty for the amount of work they have put into the community. They certainly deserve a vote of thanks. Cm. Burton stated that whenever you win an election, it causes some hard feelings, but he felt good that he has this opportunity to serve the City. Cm. Hegarty worked with him for many years to get the community incorporated. Both he and Georgean Vonheeder did an excellent job on the Council. They deserve a lot of thanks for their service. Cm. Howard thanked several members of the audience who supported her during the campaign and stated she was very pleased to be sitting on the City Council. ORGANIZATION AND COMMITTEE ASSIGNMENTS (610-40) A list indicating committees, commissions, etc., on which the individual Councilmembers serve was presented to the Council for review. Mayor Moffatt stated that the reason for bringing up this item up at this time was just to introduce the subject. He requested that Staff look at the list to determine if the appointment must be a Council- member or if it can be a person from the community. Cm. Snyder stated he felt there was a lot to deal with this evening. @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 320 Regular Meeting November 26, 1990 Mayor Moffatt stated he felt the concept was to have everyone review the list. Cm. Burton requested that Staff let everyone know when and where each group meets, along with a sentence or 2 advising what each committee covers and a status regarding activity. Also, paperwork related to things that might be in the mill by either Mr. Hegarty or Ms. Vonheeder would be useful. City Manager Ambrose pointed out that Dublin obviously has a very active Council. He advised that former Cm. Vonheeder also served as an alternate on the LAVTA Board and as an alternate on the Alameda County Transportation Planning Commission. The list also showed Cm. Snyder as an alternate on the LAVTA Board and this should be corrected to indicate he is a regular delegate. There is no appointed alternate on the Tri-Valley Transportation Council. Cm. Jeffery advised that we are only 1 meeting away from the joint presentation of the Tri-Valley Transportation Council. She expressed concern With timing if Dublin postpones naming an appointment on this Commission and questioned if Ms. Vonheeder would retain her position. Cm. Burton advised that he and Cm. Howard had looked over the assignments and agreed to split them. If someone else on the Council wanted any of the appointments, this would obviously stall the decision. He volunteered to be on the Tri-Valley Transportation Council. Mayor Moffatt pointed out that there is a lot of background material and data involved. Cm. Jeffery felt that Ms. Vonheeder should be asked to continue and represent Dublin at the meeting on Wednesday. City Attorney Silver stated she felt the Council should appoint someone at this time. The Memorandum of Understanding which established this group required that the representative be a Councilmember. Mayor Moffatt brought up the fact that the County Supervisors appoint someone to take over in their places. Ms. Vonheeder stated the JPA is something she has worked on for almost 5 years. It allows for alternates, specifically because the 2 County representatives are never able to attend the meetings. She indicated she was not sure if the MOU specifies an elected person or not. The JPA definitely allows for an alternate. Later in the evening, Mr. Ambrose advised that Staff had looked and determined that we do not have the final rules and procedures. We have a preliminary draft and minutes, but do not have the final rules. Cm. Burton questioned how many were on the Council. @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM- VOL 9 - $Zl Regular Meeting November 26, 1990 Mr. Ambrose advised that the Tri-Valley Transportation Council consists of representatives from the 5 valley cities and the 2 counties. In addition, there are a number of staff members who sit on the Technical Advisory Committee. Cm. Burton stated he would be happy to get together with Ms. Vonheeder in order to be briefed and then attend the meeting. Ms. Vonheeder stated she felt there was no reason why she couldn't go and represent Dublin. She simply wouldn't vote. The final JPA will be brought back to the Council for its approval. Mayor Moffatt stated he would be happy to go with Ms. Vonheeder to carry the vote. Cm. Snyder stated he felt it was very important for Ms. Vonheeder to be there. By a consensus of the Council, it was agreed that Mayor Moffatt would attend the meeting along with Ms. Vonheeder. Directly Elected Mayor (610-20) Cindy Cobb-Adams, 11447 Cresta Lane addressed the Council and requested that the new Council now reconsider the possibility of having the citizens of Dublin elect a Mayor. Illegal Signs in the Public Right-of-Way (400-30) Art Groth with Mason-McDuffie Real Estate, 5870 Stoneridge Mall Road, encouraged the City Council to get off on the right foot and to be just to their fellow man. He asked that they be more concerned with the administration of justice than the administration of law. He asked that rules be waived until they can be changed related to the way Dublin administers the rounding up of realtor signs. This is getting to be an annoyance. There are areas on San Ramon Road where the City has excessive surplus land and he felt that realtor signs should be allowed there. Dublin should review the rules of adjacent communities and as long as signs are not a hazard to anyone, they should be considered to be a part of the progressive method of marketing the homes in the community. This would also relieve the time of the person who must run around picking up the signs. Mayor Moffatt questioned if Mr. Groth was a Dublin resident. responded that he was not. Mr. Groth @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 322 Regular Meeting November 26, 1990 Dublin Fine Arts Foundation (900-20) Zev Kahn, representing DFA Foundation, addressed the Council and advised that they are raising funds to promote artworks within the City of Dublin. He passed out flyers and advised that they are accepting individual as well as business patrons. Renovation of Shannon Park (920-60) Zev Kahn congratulated the new members of the Council. He stated that often in the City the tendency is that we don't have the ability to praise the City employees for work well done. Recently, one of his own had dealings with the City and he felt the response was good. His 6 year old daughter, Shelly, wrote a thank you letter for the personal tour of the shannon Park area which is undergoing major renovation. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Snyder, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of November 13, 1990 (Cm. Burton and Cm. Howard abstained from voting on this item); Awarded bid for printing of the 1991 Community Calendar (600-30) to H. J. Bannister Printing, Inc., of Dublin ($9,894.84); Authorized a budget transfer in the amount of $2,140.75 from the Contingent Reserve to the Records Management Program Account, and authorized payment of remaining balance to Norma Hislop & Associates (600-30); Approved Warrant Register in the amount of $464,843.47. Zev Kahn requested that 2 items (sale of surplus property on San Ramon Road and award of construction bid for San Ramon Road improvements) be removed from the Consent Calendar for discussion. He asked how long a real estate conflict of interest from the past would be present related to the 2 items being considered this evening which are in close relationship to the area of the past conflict. Mayor Moffatt stated his understanding is that the statute of limitations is 4 years. Mr. Ambrose stated he was not clear on the actual question. Dr. Kahn asked if there is real estate property in the close vicinity of an item that's been under discussion that at one time represented a conflict of interest, and which resulted in realtor fees for representing a client in and around the vicinity, would this still be a conflict if the individual was voting on an item? @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 323 Regular Meeting November 26, 1990 Ms. Silver stated she could not answer this type of a hypothetical question, but did advise that the Fair Political Practices Act, which is the statute which governs conflicts of interest, does not look at proximity in terms of time. It is concerned with whether or not someone, at a given point in time, has any interest, whether it be business interest, or an interest in property, etc., whereby a decision that an elected official would make would have a foreseeable material affect on that interest. If, in fact, a current councilmember, had an interest in property some time ago, but no longer has an interest in property, it is not relevant. Dr. Kahn stated this satisfactorily answered his question. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 146 - 90 and STATING INTENTION TO SELL CITY PROPERTY (TOWN & COUNTRY SHOPPING CENTER - SAN RAMON ROAD) AND SETTING HEARING FOR DECEMBER 10, 1990 (670-80) RESOLUTION NO. 147 - 90 AWARDING CONTRACT 90-01, SAN RAMON ROAD IMPROVEMENTS PHASE IV (600-30) TO REDGWICK CONSTRUCTION ($1,866,639.22) and authorized the Mayor to execute the agreement and directed Staff to advise Foster City that Dublin will only purchase $1,113,000 of Foster City's FAU monies; Cm. Burton requested that the $200 donation item be removed from the Consent Calendar because he felt that proper recognition may not be possible in this manner. Mr. Ambrose explained that the Recreation Director had prepared a Memo outlining the specifics. He felt there would be a nice opportunity for the Council to attend a Christmas program that the Preschool will be conducting on December 19th, and this might be an appropriate time to recognize the parents and children who participated in the fundraising effort. Cm. Snyder questioned the time that the event will be held. Ms. Lowart advised that the event is scheduled to begin at 7:00 p.m., and everyone will be receiving an invitation. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council accepted a $200 gift from parents enrolled in the City's Preschool Program for the purchase of supplies and equipment to benefit the Preschool Program, and directed Staff to prepare a formal acknowledgment to donors (150-70). @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 324 Regular Meeting November 26, 1990 Planning Director Tong advised that Staff recommended that the item related to the Donlan Canyon Annexation No. 9, be continued until the next City Council meeting in order that LAFCO can prepare their resolution and have it available for the Council's review. Mr. Ambrose advised that LAFCO has actually adopted the resolution, but it has not yet been typed. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council continued this item (620-20) to the December 10, 1990, City Council meeting. PUBLIC HEARING CITY OF DUBLIN TRAFFIC CODE UPDATE (590-20) Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that in 1987, the City Council adopted Ordinance No. 54-87, which adopted the traffic devices that were in the existing Alameda County Code. This action created the City of Dublin Traffic Code, which then included both the items in the County Code and those that had been adopted by the City Council since incorporation. The Traffic Code is a listing of approved traffic controls, such as stop signs, yield signs, and no parking zones, which exist in the public right-of-way. The Code is updated as new control devices are approved, either by the City Council or by Staff, and installed. An Ordinance was introduced at the October 29, 1990 City Council meeting; however, due to the addition of several streets under the speed limits portion of the drafted Ordinance, it is proposed to be reintroduced at this meeting. Cm. Burton indicated that on Silvergate Drive coming onto Dublin Boulevard, if you have a western sideWalk, you can't get across there withoUt taking your life into your hands. Mr. Thompson advised that crossing prohibitions are being added to the ordinance, and this is one of the locations. Mr. Ambrose advised that this location is presently not included in the code, but is being added. Pedestrian crossings are being prohibited because it is not safe to cross at these locations. Mr. Thompson stated we don't want people crossing Dublin Boulevard at this location, but they can cross Silvergate Drive. Mayor Moffatt closed the public hearing. Cm. Snyder stated that for reasons indicated at the last meeting, he expressed opposition for having Dublin Boulevard in its entirety listed at 35 mph. We have had 2 problems in recent years with major accidents. Approaching the curve at Silvergate Drive at this speed is unsafe. @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 325 Regular Meeting November 26, 1990 Mr. Thompson advised that Staff is not recommending a change at this time, but rather only trying to bring everything into conformance. A curve ahead sign is proposed to be placed there with a 25 mph advisory sign. Cm. Snyder asked if the 25 mph marking on the street would be removed. Mr. Thompson responded that it would be removed, and he thought that the sign further down the hill had already been changed. Cm. Snyder asked how an advisory sign would be policed. Mr. Thompson advised that a ticket could be given for unsafe speeds. On motion of Cm. Snyder, seconded by Cm. Burton, and by majority vote, the Council asked that the speed limit issue be brought back before the Council for review and discussion. Cm. Jeffery voted against this motion, as the Council looked at ways to try and correct the problems up there and she did not feel that changing the speed limit would correct them. She felt that changing the intersection is what is needed. Mayor Moffatt questioned if Dublin Boulevard going up the hill is put into Dublin, would it be considered a residential street. Mr. Thompson advised that there will be no houses fronting the street. We will need a traffic survey and if the Council wanted to set a 25 mph speed limit, findings must be made which would override the 85th percentile. Mayor Moffatt felt that if the speed limit shown for the 85th percentile is 41 mph, it would be difficult to uphold any speeding tickets. Cm. Burton felt that the soonest the intersection could be redone would be FY 1991-92. If anyone drives up there, they get a false impression going 35 mph, especially hitting the blind curve with the sun in a driver's eyes. Cm. Jeffery stated she was concerned that if we set a 25 mph limit and you gave someone a ticket up there, it wouldn't hold up in court. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. DUBLIN BOULEVARD/SILVERGATE DRIVE INTERSECTION REPORT (590-80) Public Works Director Thompson advised that on November 13, 1990, the Council directed Staff to prepare a report regarding the estimated cost of engineering and construction for modifying the Dublin Boulevard/ Silvergate Drive intersection to a normal "T" configuration. @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 326 Regular Meeting November 26, 1990 Mr. Thompson advised that these improvements are presently proposed to be paid for by the developers of the Hansen Ranch, Donlan Canyon, and other West Dublin housing projects. At this point, only the Hansen and Donlan projects have been approved. Economic concerns have caused these developers to delay the projects, thus delaying modification of the intersection. The Hansen Ranch developers are tentatively proposing to begin construction in the spring of 1991. Their conditions of approval for development require a 23.7% contribution to the modification of the intersection and to the widening of Dublin Boulevard at that intersection prior to the occupancy of any units. Donlan Canyon's contribution is defined as a pro-rata share, also to be paid prior to occupancy. In November, the Council discussed the safety issue at the existing intersection. TJKM recommended, and Staff will proceed to install, an advisory curve warning sign for the right turn movement from westbound Dublin Boulevard onto Silvergate Drive in an effort to slow the drivers making that turn. Once the intersection has been reconfigured, drivers will be forced to negotiate the turn at a slower speed because of the removal of the sweeping curve. Mr. Thompson advised that the preliminary estimated cost of design, inspection, and improvements for the intersection reconfiguration only (not including the cost of widening Dublin Boulevard) is just over $200,000. It is anticipated that the design process would require about 3 to 4 months to complete. The Council reviewed, discussed and approved the schematic design for reconfiguration of the intersection. Chris Kinzel advised that one of the purposes of realigning the intersection was to allow Dublin Boulevard to attract as much traffic as possible from the new developments in the western hills through the new street that will be built through the church property. They did not anticipate any stop signs or signals stopping traffic on Dublin Boulevard. They recommended constructing the intersection as proposed, and if issues come up, they could be dealt with at the time. Signals could be installed at a later date if necessary. Cm. Burton asked why a sweeping turn was being recommended, when that is the problem to begin with. Mr. Kinzel advised that it would be more desirable to have a perfectly perpendicular alignment and to not require acquisition of property. Slides were shown of their proposal. Cm. Snyder questioned what will ultimately happen to the piece of property on the north east corner. He indicated he would like to offer it to the homeowner if they are interested in buYing it. Mr. Thompson advised that the City could abandon it and then the homeowner could take it over. @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM -VOL 9 - 327 Regular Meeting November 26, 1990 Cm. Snyder felt the City should landscape it or take measures to make sure it looks nice. Discussion was held related to the proportionate share of funding from the various developments. Cm. Burton asked if the City has a liability when we start saying this is a dangerous intersection if there is an aCcident. Mr. Thompson advised that every year, Staff does a traffic analysis and identifies high accident locations. They then look into particular locations and recommend improvements. This is a proactive move. Ms. Silver stated that there are a variety of provisions in the California Tort Action dealing with immunities. Zev Kahn asked if consideration was given to making minimal changes to the existing layout which would be cost effective until it is built. Mayor Moffatt advised that the Council was discussing the design phase of the new structure, without going into any construction. Dr. Kahn felt there was more of a safety concern with the intersection, and stated he hoped that some simpler and cheaper things~could be done. He was concerned with the way the market is, 1992 may not be reasonable for expecting to recoup money from developers. He hated to see Dublin spend a lot of money now recommending changes which most likely won't occur before 2000, instead of using the money for other projects. We should look at some other temporary measures that will get us by for the next 10 years. Mayor Moffatt stated that the traffic safety reports have shown that this is not a real accident prone corner. The design being proposed is something that will take several months to do. Cm. Snyder pointed out that the third Staff recommendation related to inclUding this project in the 1991-92 CIP Update for construction in FY 1991-92 was what Dr. Kahn was addressing. Dr. Kahn stated he would like the City Council to delay it. Cm. Snyder advised that the City Council will be discussing the 5-Year CIP in a few months. Dr. Kahn felt it was too early to even look at putting this in the CIP since there is no commitment from developers to build. The housing market might even go down more. He encouraged restriping, plus put in stop signs which will be far cheaper and more cost effective. Cm. Snyder pointed out that the money is there already. Cm. Burton indicated that this is a preliminary plan that will be ongoing, so if and when the intersection is designed, this is only a preliminary stage. @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 3Z8 Regular Meeting November 26, 1990 Dr. Kahn stated he felt the money could be used for a lot of other things. Cm. Snyder stated he felt the uncertainties related to jail fees and tax collection fees are the only reason we have stopped the whole redesign of the intersection. Mayor Moffatt asked if the funds being transferred are general fund monies. Mr. Ambrose advised yes, it is money that we anticipated having to spend on the San Ramon Road Phase IV project. The bids received were substantially less that what was anticipated. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized the new Capital Improvement Project and authorized a budget transfer in the amount of $24,600 from the San Ramon Road Phase IV project to the Dublin Boulevard/Silvergate Drive Intersection project. Further, the Council directed Staff to include the Dublin Boulevard/ Silvergate Drive intersection modifications in the draft 5-Year CIP for construction in FY 1991-92, at the time that the CIP is updated in June, 1991. PREPARATION OF INTEGRATED WASTE MANAGEMENT PLAN (810-70) Assistant City Manager Rankin advised that AB 939, the law referred to as the Integrated Waste Management Act of 1989, became effective on January 1, 1990. This law mandates cities to reduce the amount of garbage placed in landfills by 25% by the year 1995, and 50% by the year 2000. The law contains penalties of up to $10,000 per day for cities which do not meet these requirements. Mr. Rankin advised that the law requires cities and counties to undertake studies to quantify the amount of waste generated in each jurisdiction. The Alameda'County Waste Management Authority (ACWMA) has already selected a consultant to provide the City with baseline data. Mr. Rankin discussed the elements of the baseline plan, which include: 1) Residential Waste Generation Analysis; 2) Commercial and Industrial Generator Analysis; 3) Special Waste; 4) Waste Diversion Study; 5) Waste Disposal Study; 6) Development of Models; 7) Waste Generation Projections; 8) Household Hazardous Waste Analysis; 9) Existing Conditions Report; 10) Disposal Capacity; 11) Education and Public Information Component; and 12) Identification of Potential Regional Facilities. The City must also develop a Source Reduction and Recycling Element (SRRE) which will identify how the amount of waste disposed of at the landfill will be reduced. The ACWMA has proposed a joint project to prepare the SRRE. The Funding Component will evaluate the cost associated with implementing programs identified to meet the @*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 3Z9 Regular Meeting November 26, 1990 requirements of the law. The Integration Component will identify precisely how the various components will be combined to reach the 25% and 50% mandates of AB 939. An example would be defining the priorities of recycling versus composting. Mr. Rankin advised that state law mandates that any regulatory projects must provide adequate protection of the environment. An environmental checklist will be conducted by the consultant to determine whether a comprehensive analysis is necessary. The proposal does not include the preparation of an EIR. The City must submit its SRRE to the County by July 1, 1991. The submittal of the County Plan to the State will not be required until January 1, 1994, provided that the study shows that more than 8 years of landfill capacity remain in Alameda County. Because Brown & Caldwell will be actively working on data collection in Alameda County, Staff felt it woUld be efficient to have them prepare the City of Dublin's SRRE. The Waste Management Authority has requested that cities indicate their interest in a joint effort to complete the local SREEs no later than December 10, 1990. The Authority has offered to fund the cost of the SRRE, based on an acceptable scope of work. If an agency required additional specialized studies or additional meetings, the cost would be borne by the City. The Authority would reimburse agencies not participating in the joint project only to the amount which would have been paid as part of a joint agreement. The consultant has indicated that their proposed cost would be reduced by approximately 38% in the event that several agencies jointly pursue this option. The Authority will most likely need to increase its tipping fee in order to derive income to pay for the SRREs. A tipping fee would be levied on all waste generated in the County, which results in additional operating costs to the garbage company which are reflected in their rate requests and would be paid by all garbage customers. Mr. Rankin advised that the Authority has suggested that the SRRE be completed pursuant to a Memorandum of Understanding. This document would be presented to the Council at a future meeting. In developing this MOU, Mr. Rankin advised that Staff would work to assure that any financial responsibility of the City is clearly defined and that the City has adequate control in the preparation of the SRRE. This will be necessary to assure that the goals and objectives to 'be pursued reflect the local community. In summary, Mr. Rankin advised that the Authority has already approved contracting with Brown and Caldwell to perform the Baseline Study, with work to begin in the near future. Cm. Burton questioned if having a Dublin Staff member work on this would cost us extra. Mr. Rankin advised that he is currently handling all items related to waste management and we do not anticipate having to hire additional Staff. @*@*@*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM - VOL 9 - 330 Regular Meeting November 26, 1990 Cm. Burton asked how they arrived at the cost of the project for Dublin. Mr. Rankin advised that his understanding was that costs were based on population, but pointed out that the numbers are preliminary. He has not yet evaluated the preliminary numbers. The breakdown of the total agreement costs would not impact us as long as we are participants in the joint MOU. Mr. Ambrose advised that actual costs will be subsequently brought to the City Council. Mr. Rankin advised that none of the prices are guaranteed at this time. If everyone doesn't participate, costs could change. He felt that it would be cheaper to pursue this collectively than go out on our own. Cm. Burton asked if July 1, 1991 was a realistic date. Mr. Ambrose advised that Brown & Caldwell feel they can do it. Mr. Rankin advised that the State has been, up to this point, unwilling to amend this date, although they don't even have any final regulations. Cm. Snyder pointed out that if, in fact, Hayward paid $85,000 to do their study, they will be entitled to a credit of $61,000. It behooves us to look at the total budget. Cm. Jeffery questioned if the new board created by the passage of the waste initiative could impact the work being done. Mr. Rankin advised that Measure D provides funding for recycling plans. Recycling is just one component. This is a potential source of funding, but there should not be a conflict. That board can be appointed as the local task force to review plans. Cm. Jeffery stated she was concerned regarding the amount of interference and damage they might be able to do to our plan. Mr. Rankin advised that there has been a strong concern that there needs to be local control because we are on the hook for the $10,000 fine. We must also prepare and submit a plan to the State. Discussion was held related to the development of the baseline information. Cm. Burton asked if we will get the software program when this is done. Mr. Rankin advised that this has not yet been addressed. Cm. Burton felt it would be worth it to get this software so we could then track our flow. @*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM -VOL 9 - 331 Regular Meeting November 26, 1990 On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council directed Staff to pursue the preparation of the SRRE as a joint effort funded by the Alameda County Waste Management Authority. OTHER BUSINESS League of Women Voters Planning Forum (420-50) Mr. Ambrose advised that the League of Women Voters is sponsoring a Planning Forum here at the Civic Center on November 28, 1990, beginning at 7:00 p.m. Tree Liqhting Ceremony (950-40) Mr. Ambrose reminded everyone that Dublin's tree lighting ceremony will be held in the lobby of the Civic Center on December 3, 1990, beginning at 6:30 p.m. East Dublin Workshop (420-30) Mr. Ambrose reminded everyone that the East Dublin study session workshop would continue on December 6th, beginning at 7:~00 p.m. West Dublin Field Trip (420-10) Mr. Ambrose advised that a field trip should be scheduled to the West Dublin planning area prior to the first workshoP scheduled in January. By a consensus, the Council selected the date of Saturday, January 12, 1991 for the 1/2 day field trip. Fire on Village Parkway (540-30) Mr. Ambrose advised that there was a serious structure fire over the weekend to the buildings owned by Don Hucke on Village Parkway. A memo from the Fire Chief was distributed. @*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@, CM -VOL 9 - 332 ReguZar Meeting November 26, 1990 Fundinq for BART Station (1060-30) Mr. Ambrose advised that the City had received a letter from Pleasanton Mayor Mercer asking that Dublin consider participating in the development of a program which would fund the $18 million difference in costs identified by BART to build an eastern Dublin BART station first. By a consensus, the Council requested that this item be agendized for discussion at the December 10th Council meeting. CLOSED SESSION At 9:40 p.m., the Council recessed to a closed executive session to discuss: 1) Potential Litigation, Government Code Section 54956.9(c); 2) Pending Litigation, GC 54956.9(a), Case No. H-141738-4 Olympia Drywall Co. vs. DNI, City of Dublin, et al.; and 3) Pending Litigation, GC 54956.9(a), Case No. 880011 State of CA, et al. vs. Rosendin Electric, Inc. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:18 p.m. ATTEST: @*@*@*@*@*@*@*@*@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@,@.@,@,@,@,@,@.@, CM - VOL 9 - 3~3 Regular Meeting Nove~er 26, 1990