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HomeMy WebLinkAbout01-27-1986REGULAR MEETING - January 27, 1986 A regular meeting of the City Council of the City of Dublin was held on Monday, January 27, 1986 in the meeting room of the Dublin Library. The meeting was called to order at 7:34 p.m. by Mayor Peter Snyder. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and thOse present in the pledge of alleg- iance to the flag. CONSENT CALENDAR On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of January 13, 1986; Reviewed the 1984-85 City Audit and approved Budget Changes and accepted the June 30, 1985 Financial Statement; Approved the installation of a banner by the Dublin Rotary Club publicizing their 1986 Casino Night on March 22, 1986; Adopted RESOLUTION NO. 8 - 86 Adopted AGREEING TO AN EXCHANGE OF PROPERTY-TAX REVENUE CONCERNING PA85-035 HATFIELD DEVELOPMENT CORPORATION/INVESTEC, INC. PREZONING AND ANNEXATION APPLICATION RESOLUTION NO. 9 - 86 Adopted ACCEPTANCE OF FINAL MAP TRACT NO. 5402 RESOLUTION NO. 10 - 86 ACCEPTING FOR THE PUBLIC A GRANT DEED TRACT 5402 Denied claim submitted on behalf of Douglas Finlay Morrison and directed Staff to notify claimant and City's insurance carrier; Received a report from the Recreation Director related to the City's fall quarter recreation program; ~ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CM-5-16 Regular Meeting January 27, 1986 Approved the Final Financial Report for Period Ending June 30, 1985;~ Approved Financial Statement for Period Ending December 31, 1985; Authorized reimbursement for the City Attorney to attend the League's Continuing Education for Municipal Attorney's Program Seminar; Approved Warrant Register in the amount of $307,829.68. WRITTEN COMMUNICATIONS INSURANCE - PLEASANTON HOUSING AUTHORITY The City has received a letter from the Pleasanton Housing Authority requesting the City of Dublin's assistance in financing the insurance costs for the Pleasanton Housing Authority. The Pleasanton Housing Authority has suggested that the City of Dublin contribute 75~ of the cost of insurance to the Pleasanton Housing Authority. The City Attorney has concluded that the City's contribution of monies to the Pleasanton Housing Authority at this time would be a gift of public funds. This conclusion is based upon the fact that the City does not have any responsibility at this time for Arroyo Vista public housing project and will not have responsibility until the transfer is officially approved by the United States Department of Housing and Urban Development. A draft letter was reviewed by the Council. Cm. Vonheeder suggested changing wording from "will not contribute" to "cannot contribute". Elizabeth Silver, Assistant City Attorney indicated that the wording "legally cannot contribute" could be inserted. Following discussion, on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council authorized Staff to send a letter to the Pleasanton Housing Authority indicating that the City cannot legally pay 75~ of the Housing Authority's insurance costs at this time. However, the City would be willing to pay a pro-rated share in the future at such time as the U. S. Dept. of Housing & Urban Development approved the transfer of Arroyo Vista. This pro-rated share would be based upon that portion of the insurance premium that had not been used at the time of the transfer from the Pleasanton Housing Authority to the Dublin Housing Authority. LEAGUE OF CALIFORNIA CITIES PROPOSED DUES INCREASE The City has received a communication from the League of California Cities indicating that the Board of Directors of the League is proposing a 6% dues increase. CM-5-17 Regular Meeting January 27, 1986 The League has requested that the City review the proposed increase and express the City's position to our respective League Division which is the East Bay Division of the League of California Cities. Cm. Jeffery reported that basically the way this was set up was that an increase could occur of up to 10~, and an amendment was added that increases had to be approved by the region. We can forward comments, but it has already been done. The Council felt that the 6~ increase was nominal. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council instructed the City's representative to the East Bay Division to convey Dublin's approval of the 6~ dues increase. PUBLIC HEARING KAUFMAN & BROADPD PREZONING & REZONING, ANNEXATION, TENTATIVE MAP & SDR Mayor Snyder opened the public hearing. On Janury 13, 1986, the City Council adopted a resolution approving the Kaufman & Broad Silvergate Highlands Townhouses Planned Development Prezoning - Rezoning request and introduced an ordinance amending the Zoning Ordinance. The application involves 129 townhouse dwelling units on approximately 15.3 acres with approximately t~.9 acres lying outside of the City limits. The applicants have requested the City to prezone and annex the approximately 1~.9 acres. Mr. Grudzinski was present in the audience. No public comments were made. Mayor Snyder closed the public hearing. Cm. Hegarty questioned if the problem reported at the last Council meeting regarding Ms. Whitney's fence had been resolved. Mr. Grudzinski indicated he had not communicated with Ms. Whitney yet, but anticipated that they would work out the problem this week. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 1 - 86 AMENDING ZONING ORDINANCE TO PERMIT THE PREZONING AND REZONING OF REAL PROPERTY LOCATED GENERALLY SOUTHWEST OF THE EXISTING CITY LIMITS CM-5-18 Regular Meeting January 27, 1986 DUBLIN HOUSING AUTHORITY At the regular City Council meeting on September 9, 1985, the City Council adopted Resolution No. 101-85 declaring the need for a housing authority. Also at that meeting, the Council authorized the procurement of special legal services from Ms. Joyce Glatt. The first order of business was for the City Council to appoint the first Chairperson of the Dublin Housing Authority. Once the Chairperson is selected, it is appropriate for the City Council to nominate and elect a Vice Chairperson of the Dublin Housing Authority. This action can be reflected in the minutes and a Resolution noting the Vice Chairperson is not required. In order to facilitate the organization of the Dublin Housing Authority, it is necessary to appoint a Temporary Secretary and Executive Director. Legal Counsel advised that it would be appropriate to appoint the City Clerk to this position. These duties will be conducted without compensation until a permanent Secretary and Executive Director is employed. Ms. Glatt prepared an outline of the schedule required to accomplish the transfer of the Arroyo Vista project. The exact timeframe cannot be specifically determined due to the need for review of the specific documents and proposals by both the HUD Office in Washington, D.C., and the Regional Office in San Francisco. It is anticipated that by mid-March, all of the required documents for a final decision from HUD will have been prepared by the City. This includes the review and proposal for the management of the Arroyo Vista project. Ms. Glatt also indicated that the City Council should be aware of the final number of Commissioners serving the Housing Authority Board of Directors. Pursuant to law, the Housing Authority must have two members which are tenants of the Dublin Housing Authority. One individual must be over the age of 62 years if the Dublin Housing Authority has tenants of such age. Due to the fact that the Dublin Housing Authority has no tenants at this time, the tenant Commissioners will need to be appointed within one year of the date the Housing Authority has such tenants. Provided that the City is successful in obtaining the transfer of the Arroyo Vista project, the additional appointments would have to be made within one year of that transfer. Cm. Moffatt questioned if the recommendation was to appoint the City Clerk to serve in both the capacity of the Secretary as well as Executive Director. Staff explained that this was correct. The position of City Manager/City Clerk would serve as Secretary/Executive Director. On motion of Cm. Moffatt, seconded by Cm. Vonheeder and by unanimous vote, the Council nominated Mayor Snyder and Vice Mayor Hegarty to serve as Chairperson and Vice Chairperson, respectively. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CM-5-19 Regular Meeting January 27, 1986 and RESOLUTION NO. 11 - 86 APPOINTING PETER W. SNYDER AS THE FIRST CHAIRPERSON OF THE DUBLIN HOUSING AUTHORITY RESOLUTION NO. 12 - 86 APPOINTING A TEMPORARY SECRETARY AND EXECUTIVE DIRECTOR (CITY CLERK) OF THE DUBLIN HOUSING AUTHORITY DOUGHERTY ROAD RIGHT-OF-WAY City Staff has been meeting with members of the Army Staff to attempt to obtain a right-of-way for future widening of Dougherty Road to the East including an area for bikeway and underground utilities. A letter was prepared and discussed which represented the points of need and discussion on a Staff level. The next step is to make an official request to the Army outlining the City's desires as well as concessions that the City is willing to make to the Army. The area requested from Camp Parks for the ultimate widening is about 6-1/2 acres. The right-of-way would average forty feet in width and extend from the Southern Pacific Railroad right-of-way on the south to the City limit on the north. Following discussion, on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council approved the conceptual agreement and authorized the City Manager to deliver a letter to Colonel Pellegrino outlining this conceptual agreement. OTHER BUSINESS Livermore Amador Valley Transit Authority Contract for Financial Services Mr. Vic Sood, General Manager of the Livermore Amador Valley Transit Auth- ority (LAVTA), has sought proposals for the provision of accounting services to the Authority. Mr. Sood has requested that the City of Dublin act as the primary contractor for these services. Staff has discussed this proposal with both of the Contractors now providing finance services to the City and both Westpark & Associates and Mr. Charles V. Bird have indicated that a suitable arrangement could be established whereby the workload would be assumed as a supplement to their existing workload. The exact assignment and division of duties would need to be established and agreed to by all of the parties. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ cM-5-20 Regular Meeting January 27, 1986 The City would then track all expenses related to these services and bill the Transit Authority on a monthly basis. This would allow for the recovery of all costs related to services provided to the Transit Authority. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the City Manager to develop a specific outline of services provided and method of billing and proceed with an agreement for these services to LAVTA. Introduction of New Staff Member City Manager Ambrose introduced Audrey Obney to the City Council. Ms. Obney is the City's new Planning Secretary, who began her employment with the City in November, 1985. Mayors' Conference Resolution on Sales Tax Allocation Discussion was held With regard to Alameda County cities all adopting resolutions stating they feel the County's position on sharing sales tax is unfair and that Alameda County Board of Supervisors should meet with the cities to resolve this. The cities want to negotiate with the County for a phase-in of the city sales tax to 1~ over a five-year period. Mayor Snyder indicated that Dublin is not actually affected by this, as Dublin's lawsuit was won in this case. The Council determined that no action should be taken at this time. Informal Meetings with Zone 7 Cm. Moffatt indicated he had recently had an opportunity to have a breakfast meeting with Bob Schock of Zone 7. They discussed the possibility of repre- sentatives of both agencies meeting informally. Mr. Shaw indicated that Zone 7 has been trying to more fully cooperate with various cities to develop some of their waterways. Mayor Snyder indicated he would like to wait until the Zone 7 Board discusses the concept to see what they come back with. The Council was in agreement. San Ramon Business Park Cm. Moffatt reported that he had been questioned regarding the "San Ramon Business Park" sign at the corner of Dublin Boulevard & Sierra Court. Cm. Moffatt questioned if this sign could be changed to "Dublin Business Park". Staff indicated it would research this and inform the Council of its findings. +++++++++++++++++++++++++++++++++++++++++++++++++~-+++++++++++++++++++++++++ CM-5-21 Regular Meeting January 27, 1986 Livermore Amador Valley Transit Authority Cm. Jeffery reported that the Transit Authority would be holding a public meeting on February 20th to present the revised routes. Deep Pocket Legislation Cm. Jeffery reported that the deep pocket initiative got the required signatures and became official 2 weeks ago. The bill currently in the legislature would basically do some of the things that the initiative would do but not quite all.. Cm. Jeffery felt it interesting to note that Senator Lockyer has voted no or abstained on this particular issue. Discussion was held with regard to the tort reform language. City Manager Ambrose indicated that the initiative would limit a city's exposure to the actual out-of-pocket costs (medical & those associated costs), plus only its share of non out-of-pocket costs. For instance, if a city was found to be 5~ at fault and there was no one else around to pay, the city could conceivably pay all of the out-of-pockets costs, but only 5~ of any punitive damages requested instead of the entire amount. Gann Initiative The Gann initiative which is coming up basically limits the salaries that any governmental agency can pay to no more than 80~ of the Governor's salary. This includes contract services, and could definitely be a problem for Dublin. City Manager Ambrose indicated that no inflationary increases were built into th~s initiative, so 20 years from now, maintenance workers could earn as much~as department heads. Animal Shelter Cm. Hegarty commented on recent letters received urging the Council to act with regard to the new animal shelter situation. City Manager Ambrose advised that a committee has been formed with representatives from Alameda County, Livermore, Pleasanton and Dublin. Mr. Ambrose's Assistant, Paul Rankin serves on this committee. Their next meeting is scheduled for January 30th. They are currently looking for a site for the new shelter. Alameda County has indicated that they forsee themselves in some roll, but it's not clear at this point who will operate the shelter. Cm. Jeffery questioned if one of the County government's purposes was to provide regional type services such as this. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CM-5-22 Regular Meeting January 27, 1986 Mr. Rankin indicated that even though our City Attorney has not yet reviewed the code section, there does seem to be a difference of opinion insofar as who is legally obligated to provide this service. City Manager Ambrose indicated that this difference of opinion has occurred in Santa Clara County and in Contra Costa County as well. There is apparently no definitive precedence. CLOSED SESSION At 8'32 p.m. the Council recessed to a closed executive session to discuss potential litigation. PUBLIC MEETING RECONVENED At 9'00 p.m., the public meeting was reconvened with all Councilmembers present. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9'01 p.m. ATTEST' CM-5-23 Regular Meeting January 27, 1986