HomeMy WebLinkAbout08-08-1988REGULAR MEETING - AUGUST 8, 1988
A regular meeting of the City Council of the City of Dublin was held on
Monday, August 8, 1988, in the meeting room of the Dublin Library. The
meeting was called to order at 7'32 p.m., by Mayor Linda Jeffery.
ROLL CALL
PRESENT' Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor
Jeffery.
* * *
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of alle-
giance to the flag.
Organization of the Year
Mayor Jeffery advised that Vice Mayor Vonheeder and Cm. Moffatt had headed a
committee to select the recipients of this years awards.
Vice Mayor Vonheeder advised that originally, the Organization of the Year
and the Citizen of the Year awards were to have been presented on Friday
night at the Shamrock Potato Festival Barbeque, but due to logiStical
problems, as well as the weather, they would be presented this evening.
The Organization of the Year award was presented to the Dublin Soroptimists.
During the year 1987-88, Soroptimists of Dublin was actively involved in
service to the community through many efforts. Although this club is small,
they have accomplished as much and more than clubs twice their size. They
always portray the Dublin spirit. Bonnie Carrow and Kathy Stegman accepted
the award.
Citizen of the Year
This years award was presented to Mr. Floyd Shreeve. Vice Mayor Vonheeder
indicated that 'she had known Floyd through Scouting for many years. He was
nominated by the Executive Director from the Twin Valley District. Mr.
Shreeve has been an active adult volunteer for over 25 years in Scouting. He
has been an outstanding member of scouting type commissions, big brother type
and 5 other units in Dublin for years. He has attended National and World
Jamborees and has affected, in a positive way, over 1,200 young people in
'Dublin.
* * *
CLOSED SESSION
At 7'39 p.m., the Council recessed to a closed executive session to discuss
personnel matters and potential litigation.
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Regular Meeting August 8, 1988
PUBLIC MEETING RECONVENED
At 8:05 p.m., Mayor Jeffery announced that the public meeting was reconvened.
The Council would go back into a closed session at the end of the meeting to
complete their business.
Properg. y....Maintenance Ordinance
Frank Ruskey addressed the Council and stated he has some slight problems
with the enforcement of the anti-ugly law.
Mayor Jeffery advised Mr. Ruskey that the ordinance to which he referred was
the Property Maintenance Ordinance and nowhere in this ordinance did the
words "anti-ugly" appear.
Mr. Ruskey stated that it was his understanding that the ordinance is
enforced by the Zoning Department rather than the Police, and on a complaint
only basis.
Planning Director Tong advised that the policy adopted by the Council was
that enforcement on zoning related matters was to be done on a complaint only
basis.
Mr. Ruskey stated that Standard Brands has an open garbage bin and also a
closed container. He questioned why the City doesn't cite them. He felt the
City's policy is not fair and to turn neighbor against neighbor is the wrong
approach. He runs a residential care home and approval for an open can was
given when he applied to the County for a permit 12 years ago. At that time,
over 50 people in his neighborhood okayed this. Now, one new neighbor has
complained and he can no longer have the open can. If he has to comply, he
felt that everyone else should have to comply.
Mr. Ruskey felt that enforcement of this ordinance doesn't belong under the
Zoning Department's jurisdiction.
Senior Center
Mabel Raglin, 7458 Larkdale Avenue, addressed the Council with what she
referred to as a personal prOblem. She questioned if anything was going to
be done with the big ugly grey wall that is immediately across the street
from her house. She has written a letter to the City and has spoken with
several Staff members and no one has responded to her. She simply wants a
contrasting paint put on some of the bricks in a random fashion to break the
"tombstone" like appearance from her house. She is willing to buy the paint,
but because it's not her building, she questioned if this would do any good.
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Regular Meeting August 8, 1988
Mayor Jeffery advised Ms. Raglin that the City Council had held a joint
meeting with the School Board last week and this item was discussed. The
City will work with the School District to try to soften the look of this
wall.
Citizens Asainst Substance Abuse (CASA)
Karen Seals who is seeking support for a Dublin chapter of CASA advised the
Council that October 23-30, 1988, has been set aside as the week for
California's Red Ribbon Campaign. There are many activities planned for this
week with the red ribbon signifying our hope that our childlren not be held
hostage to the drug and alcohol culture.
Ms. Seals stated she would like the City of Dublin get involved and start a
CASA group. The Chamber of Commerce, City Council and Police Department must
all work together. She would like to see a banner go over San Ramon Road
advertising this event.
Mayor Jeffery stated that the Council appreciated her efforts and willingness
to head up this endeavor and that she was sure that the City will support
this very worthwhile program.
CONSENT CALENDAR
On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote,
the Council took the following actions'
Approved Minutes of Regular Meeting of July 25, 1988;
Approved the selection of Communication Sales Dynamics, Inc. (CSD), to
provide telecommunications services for the Civic Center and authorized the
Mayor to execute the agreement;
Adopted
RESOLUTION NO. 108 - 88
GRANTING AN ACCESS EASEMENT TO THE
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7
(Alamo Creek)
and authorized the Mayor to execute the grant of access easement;
Adopted
RESOLUTION NO. 109 - 88
GRANTING ACCESS EASEMENTS TO THE
DUBLIN SAN RAMON SERVICES DISTRICT
(Alamo Creek Park}
and authorized the Mayor to execute the grant deed;
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Regular Meeting August 8, 1988
Approved bid specifications for street sweeping services and authorized Staff
to proceed with formal bid process;
Accepted the City Treasurer's Investment Report for period ending July 31,
1988; ~
Received an informational report on the proposed East Bay Regional Park
District Park and Open Space Bond Measure to appear on the November 8, 1988
bal lot;
Approved Contract Change Order No. 3 for the Civic Center Project
(subexcavation $31,562);
Approved Warrant Register in the amount of $1,709,486.79;
Adopted
RESOLUTION NO. 110 - 88
FIXING EMPLOYER'S CONTRIBUTION uNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT & RESCINDING RESOLUTION NO. 70-87 &
SECTION 2 OF RESOLUTION NO. 69-87 ($338/Month)
PUBLIC HEARING - ESTABLISHMENT OF RIGHT-OF-WAY LINES
FOR A NEW ROAD PARALLEL TO AND SOUTHERLY OF
DUBLIN BOULEVARD (BETWEEN AMADOR PLAZA ROAD AND REGIONAL STREET)
Mayor Jeffery opened the public hearing.
Planning Director Tong advised that this item was continued from the June 27
and July 25, 1988 Council meetings. On July 25th, the Council reopened the
public hearing, continued the public hearing to the August 8th meeting, and
directed Staff to meet with the Woolverton and Enea property owners and
representatives to discuss the matter.
Mr. Tong advised that on August 1st, Staff met with Mrs. Betty Woolverton,
Mr. Pat Costello, Mr. Harvey Levine, Mr. John Enea and Mr. Richard Enea. At
the meeting, Mr. Levine questioned the potential fOr traffic impact of the
proposed alignment. Based on this additional information, Mr. Tong advised
that Staff will need to further analyze the potential traffic impact and
possibly revise the Initial Study.
Mayor Jeffery asked if anyone in the audience wished to address this item at
this time.
No member of the public came forward.
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council continued the public hearing to the September 12, 1988 Council
meeting.
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Regular Meeting August 8, 1988
PUBLIC HEARING
REVISIONS TO THE ALAMEDA COUNTY SOLID WASTE MANAGEMENT PLAN RE ASBESTOS
Mayor Jeffery opened the public hearing.
Planning Director Tong advised that on July 29, 1987, the Alameda County
Solid Waste Management Authority adopted a Countywide Solid Waste Management
Plan. Within the 90-day required period, each Alameda County City Council
and the Board of Supervisors approved the Plan. The Plan was then submitted
to the California Waste Management Board for review and approval.
In April, 1988, the California Waste Management Board voted to partially
approve the Plan. A more complete description of asbestos waste disposal is
required as a result of the Board's review of the Plan, and the Plan was
returned to the Authority for the appropriate clarification and revisions
relating to asbestos, in order to meet State requirements.
Staff advised that new language has been added to the Plan, incorporated into
the Hazardous Waste Element, Chapter V, Page V-7, after Table V-2, as
follows'
"ASBESTOS QUANTITY AND DISPOSAL
Asbestos has been used commercially in a variety of products up until the early
1970's. Because of the recognized health risk, the manufacture and use of asbestos
products has been rapidly reduced. However, much of the material installed in the
past (especially in buildings) may still be present, and must be encapsulated or
removed and properly disposed.
The quantity of asbestos-containing waste generated is included under the
miscellaneous category in Table V-2 of the Solid Waste Management Plan, adopted
July 29, 1987. Alameda County generated 5,313 tons (6,303 cubic yards) of
asbestos-containing waste which was disposed in Alameda County or out of the County.
Oakland Scavenger Company offers disposal of asbestos-containing waste in accordance
with DOHS regulations at Durham Road and Altamont landfills in Alameda County. In
1987, these landfills received for disposal 1,710 cubic yards of asbestos-containing
waste. ' '
Staff anticipated that this discussion, will fulfill the requirements of the
State Board and lead to the ultimate approval of the Plan. The Board
requires that the revisions be adopted by Resolutions at noticed public
hearings. According to the President of the Authority, it will not be
necessary to adopt a new CEQA document for the revisions. The Negative
Declaration of Environmental Significance is still applicable to the Plan,
even with the minor revisions.
Cm. Moffatt asked what affect this would have on the Army and Camp Parks.
Mr. Tong indicated he did not know to what extent the State regulates these 2
entities. They have voluntarily complied in the past, but he wasn't sure
with regard to actual enforcement authority. The Army is subject to the
Federal regulations and the County has informed him that the Federal
organizations voluntarily complied with the State regulations.
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Regular Meeting August 8, 1988
Cm. Hegarty indicated that there was lots of bad press several years ago
related to alleged unsafe conditions and past experiments on the Army
property. He questioned if we just take their word when they say they are
complying.
Mr. Tong reported that the State Department of Health has worked with some of
the Federal facilities in the past to gain compliance. He clarified that he
wasn't saying they are 100% in compliance, but he felt there has been a good
faith effort made in many cases.
Cm. Moffatt questioned if there was any survey information related to the
amount of asbestos at Camp Parks.
Cm. Snyder felt that this discussion was not relevant to this issue as the
County cannot regulate Federal situations. He understood the concerns, but
did not feel that this was the appropriate time to discuss them.
Mayor Jeffery felt it would be relevant if they transport anything down
Dougherty Road.
Cm. Snyder stated that every month, the Federal Government appears before the
Regional Water Quality Control Board and state that the State and County have
no control over what they do, because they fall under the Soverign Immunity
parts of the Federal Government. The Waste Management Authority is asking
only that the Council ratify a simple addition to last years' Waste
Management Plan for the County.
Cm. Moffatt stated he was only questioning if we had any jurisdiction in this
matter.
Frank Ruskey advised that the agency which has jurisdiction is the CalTrans
Division of Highway Safety. There are laws regulating what the Federal
Government can move and where they can move it to.
Mabel Raglin questioned if this pertains only to objects or to asbestos in
the buildings like what may be in someone's home. She questioned if this was
a new law that would make a difference in the inspections required when
someone tries to sell their home.
Cm. Snyder gave a brief history of how this came about and stated that
basically this is a clarification. Last year the County, through the Waste
Management Authority, had to adopt a new Plan for the County. The Plan only
deals with the disposal of wastes in the County. If someone has something
that they want to take to the dump and there are many items now which fall
into this category, this is one that fell through the cracks last year in the
approval of the Plan. Disposal of chemicals, paints, etc., are all regulated
now. Asbestos just happened to be one that was overlooked.
Mayor Jeffery closed the public hearing.
On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote,
the Council adopted
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Regular Meeting August 8, 1988
RESOLUTION NO. 111 - 88
APPROVING ACLARIFICATION TO THE REVISED
ALAMEDA COUNTY SOLID WASTE MANAGEMENT PLAN
PUBLIC HEARING - ORDINANCE ESTABLISHING RULES
& REGULATIONS GOVERNING USE OF PARKS AND RECREATION AREAS
Mayor Jeffery opened the public hearing.
Recreation Director Lowart advised that in January 1988, the City completed
construction on the first City-owned park, Stagecoach Park. On July 1, 1988,
the City assumed title to those park, recreational and aquatic facilities
that were previously under the jurisdiction of the Dublin San Ramon Services
District. Additionally, the City has 3 other parks in various stages of
construction. Consequently, the need has been identified to have an
Ordinance which governs the use of these facilities.
A draft Ordinance was presented, patterned after similar ordinances in other
Bay Area Cities. The Ordinance establishes park hours, outlines those
activities in parks and facilities which are prohibited and sets penalties
for violating the proVisions outlined in the Ordinance. The Ordinance was
set up to be adopted on an urgency basis due to the immediate need for
enforcement power in recently completed and acquired park and recreational
facilities.
Frank Ruskey requested that the Council consider delaying any action on this
item as he wishes to use this as a campaign issue in the November, 1988
election. He has filed papers and will be running for City Council. He did
not feel that any purpose could be served regarding the use of parks at this
time. He felt a decision could wait until after the election and a fair
hearing.
Mayor Jeffery explained that this is a public hearing~
Mr. Ruskey stated he planned to make the issue a much larger public hearing.
He wants to bring a huge center into Dublin.
Mayor Jeffery explained that this hearing was related to an ordinance which
deals with rules of conduct in City parks and recreational areas.
Mr. Ruskey stated he misunderstood and thought it dealt with use of the
parks.
Mayor Jeffery closed the public hearing.
Cm. Snyder questioned with regard to Section 11 (h) Prohibited Acts - "Picnic
or lunch in a place other than that provided for such purpose", what we would
do with a person who spreads a blanket out in the park for a picnic.
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Regular Meeting AugUst 8, 1988
Ms. Lowart explained that she felt this section applies to portions of a park
like the tennis courts, where it is not appropriate to have a picnic.
Cm. Vonheeder questioned if DSRSD had anything related to eating at the
Dublin Sports Grounds.
Ms. Lowart stated they did not revise their ordinance with the addition of
any facilities. They were designed to be general rather than specific.
Cm. Hegarty expressed concern related to Section 10 that deals with the
hours. His concerns related to the possibility that someone might park a car
and leave for a while and when they returned, be unable to get their car
because the park has been chained off. He questioned if a car left could be
towed.
Ms. Lowart explained that technically the park is closed and if a car is left
in the parking lot, the Police Department would investigate to see if someone
is still in the park. The car could be towed.
City Manager Ambrose explained some problems that have been encountered in
the City's new parks that aren't even officially open yet. There has been
thousands of dollars of damage and the Police Department needs some authority
to go in and ask people to leave if this is appropriate. There has also been
a lot of malicious mischief and we currently have no means to deal with this.
Lt. Jim Rose reported that in his discussions with Ms. Lowart related to this
ordinance, one of their concerns was that they don't want the Police to
immediately go into a park and tow cars. They would, however, check on the
status. It would be logged and then they would come back several hours later
to check on it. If a problem were to be observed with people leaving their
cars for long periods of time, they would check this.
Cm. Moffatt questioned if the definitions of these rules and regulations
apply to jointly owned facilities. With regard to the activities expressly
prohibited by the Director, Cm. Moffatt questioned if there would be
guidelines or any type of a written document used.
Ms. Lowart explained that the City Manager is recognized as the Director. In
most cases, alleged prohibited activities would be brought before the Park &
Recreation Commission or the City Council. The festivities held at the
Dublin Sports Grounds this last weekend probably violate several of the rules
and Ms. Lowart indicated she would not be comfortable authorizing these
exceptions, without City Council approval.
Mr. Ambrose pointed out that there will be some exceptions, however, which
Staff can resolve on the spot.
Cm. Moffatt felt that some of the people involved in adult sports at the
Sports GrOunds might desire to have a beer on a hot night and questioned if
this could be allowed.
Cm. Vonheeder stated she was very much opposed to this as there are too many
kids involved at any given time at the Sports Grounds.
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Regular Meeting ~ August 8, 1988
Mr. Ambrose advised that this would typically be done with a permit and there
also may be restrictions from a Federal lease standpoint.
The Council discussed changes to Section 11 (h) and agreed to have it read,
"Picnic or lunch in a place where notice has been placed prohibiting the.
consumption of food."
On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote,
the Council waived the reading and with the change discussed, on an urgency
basis, adopted
ORDINANCE NO. 16 - 88
ESTABLISHING RULES AND REGULATIONS
GOVERNING USE OF PARKS AND RECREATION AREAS AND FACILITIES
EAST DUBLIN GENERAL PLAN AMENDMENT/SPECIFIC PLAN STUDIES AND EIR
Planning Director Tong advised that the Resolution and Agreement represent
the final products necessary for review and acceptance by the City Council
regarding the preparation of the East Dublin General Plan Amendment/Specific
Plan Studies and EIR.
The Resolution establishes a procedure for reimbursement of the costs for the
preparation of the East Dublin Specific Plan. Section 65456 of the Govern-
ment Code of the State of California permits cities to recover the cost of
the preparation of specific plans. It is required by law that this procedure
be established by either adopting a resolution or ordinance that puts this
reimbursement action into effect. The intent of the Resolution is 'to create
a policy and procedure for the collection of fees to recover the cost of
preparation of the East Dublin Specific Plan. The fees are imposed on any
and all property owners within the boundaries of the East Dublin Specific
Plan Study Area. The fees are based on a cost-per-acreage rate.
Any property owner in the Specific Plan Study Area who has previously entered
into an agreement with the City to sponsor the cost of the East Dublin
Specific Plan (and who has paid an amount equal to or greater than their
required fee for participation) will be exempt from payment of any fees
pursuant to this Resolution. It is possible that these property owners could
be reimbursed in the future.
A draft Agreement was presented for Council review. Mr. Tong explained the
procedure in the event that the City recovers any of the costs of preparing
the Plan from non-sponsoring property owners, pursuant to Section 65456.
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council adopted
RESOLUTION NO. 112 - 88
ESTABLISHING A PROCEDURE FOR REIMBURSEMENT
OF THE COST OF PREPARATION OF THE EAST DUBLIN SPECIFIC PLAN
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Regular Meeting August 8, 1988
and approved the Reimbursement Agreement and authorized the City Manager to
enter into agreements with each Specific Plan sponsoring property owner.
DUBLIN BOULEVARD EXTENSION - GENERAL PLAN AMENDMENT TRAFFIC STUDY
Planning Director Tong advised that on February 8, 1988, the Council
authorized a General Plan Study to move the location of Dublin Boulevard
extension about 2,750' north of the alignment shown on the adopted General
Plan.
Staff identified through the initial study process, that additional analysis
is needed on potential traffic impacts. Although the traffic impacts from a
road located further north of the adopted location are not significantly
different, it is appropriate to conduct studies at this stage. CEQA requires
that environmental impacts of a project be reviewed at the "earliest feasible
time" so that future actions associated with a project can be reviewed. The
environmental review for the General Plan Amendment would also cover any
subsequent establishment of a right-of-way line and project construction,
assuming there have been no significant changes in circumstances.
TJKM was requested to prepare a work program and budget for a Traffic Study
of the Dublin Boulevard Extension between Southern Pacific right-of-way and
Tassajara Road. Their estimate is $7,000 to prepare the study, which would
take approximately 1 month to complete. The results of the study will
determine whether significant impacts would occur as part of this project, or
what mitigation measures can be implemented to avoid significant impacts.
On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote,
the Council authorized a transfer of $7,000 from the Contingent Reserve to
finance the traffic study.
DEVELOPMENT APPLICATION PROCESS
City Manager Ambrose advised that during the City's 1988 Goals & Objectives
Session and 1988-89 Budget hearing, the Council established as a high prior-
ity, undertaking a management audit of the development application processing
function. The stated purpose of this audit was to evaluate the need and
opportunity to streamline the processing of development applications.
Staff suggested steps for accomplishing this objective: 1) have the City
Council, Planning Commission and Staff members involved in the processing of
development applications, complete a brief survey related to present
perceived issues related to development application processing, expectations,
or desired outcome of management audit; 2) prepare Request for Proposal and
solicit proposals from qualified consultants; 3) establish a committee
consisting of the Mayor or Council representative, Planning Commission
Chairperson, City Manager and Planning Director to review proposal and work
with consultant to revise proposed scope of work as needed, and make a
recommendation to the City Council regarding selection of consultant; and
select consultant and proceed with Management Audit.
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Regular Meeting August 8, 1988
Cm. Moffatt suggested that when a committee is established, it should include
a member of the Chamber of Commerce and/or a homeowners' association member.
They could provide input related to those that deal with the system.
Cm. Hegarty did not feel this would be appropriate. We would be hiring a
consultant.
Cm. Snyder felt that these groups would be involved further down the road,
once we have developed the process. It is not good business to let someone
else design your processes. The Chamber does not represent probably 50% of
this community, but their input could be provided at the appropriate time.
Cm. Vonheeder felt we certainly should involve the business community, but
did agree that this should occur later in the process. They would not
necessarily have to be members of the Chamber of Commerce.
City Manager Ambrose explained that this committee would be more of a group
to make certain the study accomplishes the goals set forth in the scope of
the study.
Cm. Hegarty made a motion to appoint Mayor Jeffery to this committee. Staff
advised that this action did not require a motion, so by a consensus of the
Council, Mayor Jeffery was designated to serve on this committee and Cm.
Snyder will be the alternate
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council authorized Staff to proceed with this project.
OTHER BUSINESS
BART
City Manager Ambrose advised that the City had received a letter today from
Bob Allen indicating that the following morning at 9:00 a.m., there will be a
hearing at the BART Board room to consider discontinuation of the westbound
a.m., and eastbound p.m., UL Route Express Bus Service on Santa Rita Road,
Rosewood Drive, Owens Drive, Hacienda Drive, Gibraltar Drive and Hopyard Road
in north Pleasanton and to reorient that service to 1-580 between Livermore
and Dublin.
Discussion was held with regard to the timing of the notices. There was no
posting date on the notice. Cm. Snyder stated there has been a lot of
discussion in the Valley, in that nobody knew about this hearing.
Mayor Jeffery questioned if they were in compliance with their legal
requirements.
Assistant City Attorney Silver advised that she did not know what kind of a
hearing this is to be and what kind of notice procedures they have to give.
She would have to look at the statutes dealing with BART. There are specific
provisions of the code relating to BART. It may be that they have published
their notice and that may be adequate.
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Regular Meeting August 8, 1988
Cm. Vonheeder reported that Vic Sood advised that BART Staff had told him
that if it only involves BART funds, they only have to give 10 day notice.
Mr. Ambrose stated that obviously there is a difference between the legal and
political notifications.
Mayor Jeffery felt the City should write a letter to BART expressing our
concern regarding the lack of time on the notice. We should also question
since we received the notice so late, did the Dublin constituents who ride
this particular route, receive any kind of notification. Since this route
particularly affects this area, they should hold the hearings in the area
affected.
Squirrel Problem
Cm. Moffatt reported that a concerned citizen had recently contacted him
regarding the rodent problem. The concern expressed was that if the Health
Department goes out and starts baiting for ground squirrels, because they are
a part of the food chain for red foxes and eagles, we might steralize the
entire area with regard to wild life.
Assistant to the City Manager Rankin advised that Staff addressed this with
representatives of the Department of Agriculture and Department of Health
Services, and it was their opinion that predatory animals would not consume
enough of the bait, even in eating other animals, in order to impact them.
That's why they do the feeding of the squirrels over a period of time. It
requires more than 1 feeding before it will take effect. They are doing this
in quantities to eliminate a 1 pound squirrel, nothing larger. They are
aware of this concern and have advised that this is not a problem.
CLOSED SESSION
At 9:10 p.m., the Council again recessed to a closed executive session to
continue their discussion related to personnel matters.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 11'15 p.m.
- May~
ATTEST'
Cit~ ~erk
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CM-7-258
Regular Meeting August 8, 1988