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02-13-1995 Adopted CC Minutes
REGULAR MEETING- FEBRUARY 13, 1995 A regular meeting of the City Council of the City of Dublin was held on Monday, February 13, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flago APPOINTMENTS TO COMMUNITY TELEVISION BOARD (110-30) On motion of Cm. BurtOn, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the Mayor's recommended appointment of Claudia McCormick and reappointment of Edy Coleman to the Community Television (CTV 30) Board. APPOINTMENTS TO PLANNING COMMISSION (110-30) Mayor Houston stated this issue had been carried over for more than a month and he wished to get the appointments made. Ralph Rafanelli has also resigned as of late Friday afternoon. This opening will be dealt with at the next meeting. Cra. Moffatt made a motion to confirm the appointment of Don Johnson. Mayor Houston stated the confirmations would not be separated. On motion of Cm. Burton, seconded by Cm. Barnes, and by majority vote, the Council confirmed the Mayor's recommended appointments of Steve Lockhart and Don CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 ' :~AGE 76 Johnson to the Planning Commission for terms ending in December, 1998. Cm. Moffatt voted against this motion, Mayor Houston stated he would like to get the people seated that he wanted. He doesn't have anybody in mind to fill the remainder of Mr. Rafanelli's term, so he opened it up to the City Council. If anyone has any recommendations, he would welcome them to turn in names to the Mayor's office. He encouraged everyone to put a name forward by the end of this week. Cm. Barnes asked if the new people could be introduced. Steve Lockhart thanked Mayor Houston and the City Council for supporting his appointment. He's been with the Parks & Community Services Commission since 1990. He looked forward to serving on the Planning Commission and to see that the will of the people is upheld. Don Johnson stated he looked forward to serving on the Planning Commission and would like to watch Dublin grow and help it. Let's get a couple of real nice golf courses in town. PRESENTATION BY CHILDREN'S THEATRE WORKSHOP (900-40) Scott Evan Guggenheim, Executive Director addressed the Council and stated CTW had a threefold request of the City Council. Dublin Unified School District has proposed a consultant contract with CTW to provide the leadership and educators to facilitate a performing arts magnet school at Wells Middle School. Not only does this have the potential of solving CTW's continued facilities problems, but it will eventually provide CTW the means to save up to $85,000 annually. CTW will provide Dublin youth Kindergarten through High School with the fundamental components and universal goals in developing a unique and exemplary arts education curriculum. CTW has been designated 2 acres of land in what will soon become East Dublin. Although this facility is 3-5 years in the future, a 28,000 square foot facility sitting at the entrance of a major family entertainment park is an ideal location. CTW has also been negotiating with the Lawrence Livermore National Laboratories to provide programs on CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 77 a regional and national level. They are concerned about whether they will exist long enough for their programs to begin or to move into a facility. CTW will request a minimum of $60,000 to ensure the future existence and operation of its programs in the Tri-Valley. These funds will be requested collectively or individually. CTW is in need of a minimum of $90,000 to ensure its future existence. Scott Evan Guggenheim, 8207 North Lake Drive, stated CTW is in their 14th year and their mission is to promote discussion within the family. They are there for education sake. The future of CTW does lie in Dublin. They have been working with the DUSD for the last 6 or 7 months. School District Staff's plan is to have CTW to assist with a performing arts framework. They're not sure they can survive, however. They are asking the City to provide the means for CTW to continue. He discussed a few ideas which were included in the letter they sent. First, they need to know that the community politically stands in favor of its programs and its plight for survival. Second, they need financial assistance. Third, they need the community individually to be empowered to support and assist CTW. Last year they were able to reduce their debt by about $24,000. They have not been able to acquire the type of funding they need to ret.ire their debt. They are requesting either a gift or a loan. They are speaking to Dublin first as they see Dublin as their future home. Cm. Burton asked why they considered they failed in reaching their operating debt. What happened? Mr. Guggenheim stated it mainly occurred due to a grant from the State regarding tobacco education. The grant went from $91,000 for 2 fiscal years and it dropped to around $30,000 and then this year it dropped to zero. They were not able to cover the cuts in the budget without having reserves. This was a small portion of what happened. t mainly is a space problem. They were bumped in the last 5 years from at least 4 facilities. They had a lot of ethical and moral decisions to make. Their Board of Directors agreed to continue. Their deficit was $104,000 at the end of 1993. They owe money of about 1/5 of their debt to City of Pleasanton. They also owe either vendors or staff that has been overdue for more than 3 years; this is about 50%. The rest is to vendors. They've been trying to work out a plan to pay off the vendors. This leads into the matching funding. They are on a tightrope act right now. Cm. Burton asked if anybody was likely to foreclose. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 78 Mr. Guggenheim stated they have 2 lawsuits pending that they owe under $2,000. They think they will be able to reduce their debt by about $25,000-$30,000 this year. Cm. Moffatt asked if they have an accountant. Mn Guggenheim stated they have 4 on their board and they have financial statements but no official audit. The state accepts these as official documents. Cm. Howard asked what was actually owed to the vendors to keep them out of bankruptcy. Mr. Guggenheim stated it is about $60,000. About 50% of the vendors have agreed to a long term payment plan. They've had cash flow problems. Their debt is approximately $92,000 and about $60,000 is debt that is over 2-3 years old. Les Dooman, Pleasanton resident has been on the Board for 2 months. He agreed to pursue the accounts payable for CTW. Most of the creditors are willing to work with a credit plan. They are hoping to get an influx of cash from city governments and agencies. As far as day-to-day operations, they have a positive cash flow. He hoped to get involved with fundraising. CTW is a positive aspect for a City's identity. Bren Dinelli 6th grader stated she looks forward to CTW having a home in Dublin. Not every kid likes sports, so she hoped the Council would support this. She thought acting was fun. Tom Hanks does too. He was born in Concord and went to school in Oakland. Michelle Zimoni stated she plans to take classes. She just loves acting. CTW would be a very valuable asset for this community. At her school, there are a lot of kids that acting is their thing. CTW would be great to have at Wells. Leigh Garity and son addressed the Council. He said he has been picked out of the audience to participate in two of the CTW performances and hopes we give them a home in Dublin. His sister, Katie is 4 and she likes it too. Leigh Garity stated kids don't get an opportunity to get skills you don't see on the ball fields or even in the classroom. If they disappear, the kids will lose opportunities. Cm. Burton felt there was no question, it is a worthwhile program. He felt we need to know more about how it is being operated. Could we have somebody look into the figures and how it could be solved? CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 79 Mayor HoustOn felt it was too bad the School Board doesn't meet before the City Council. This will be the avenue, working with the School District. Once the Board meets, if they enter into a contract for a site, then we can talk more about it. He was glad to have the accountant person present, but this needs to be looked at more closely. He would like to see if the School District gives them a home before we see what assistance we can offer. This will take a little creativity on everybody's part to see this as a win/win situation. He is not comfortable with a grant of $60,000. This is unrealistic. Staff could be directed in the future to look at this. Cm. Howard asked about the lawsuits and timing. Mr. Dooman stated the date is February 23rd. They are backing off somewhat also. Mayor Houston pointed out they spent abOut $85,000 in rent this last year. There are some things that we all can do, but they need to get the School District action done first. Cm. Howard felt they Could also work with the teen center committee. Mayor Houston stated there were ideas for different groups and stages so it can be used by the whole community. This would be excellent to be brought up at the teen task force level. Cm. Burton stated the City's budget is coming up within a month or so. Perhaps we could have something to deal with then. Mayor Houston pointed out that Ron Nahas was present from the DFA and maybe they could look at this also. The first thing is they need a site. Also if they're in Dublin they can be in the lottery for a fireworks booth and this would bring in a lot of money. Mayor Houston stated what is needed is a clear financial status and report. The Council needs to understand the details. He asked if this could be brought by the first meeting in March. Cm. Howard stated we need them to come back after the School Board meeting and tell us what is agreed to. They should come back March 13 and they are to report exactly what the School District will do. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 80 CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Approved Minutes of: Regular Meeting of December 27, 1994 Regular Meeting of January 9, 1995 Regular Meeting of January 23, 1995 Adjourned Regular Meeting of January 31, 1995 Approved operating transfer of $276,447 and closure of the Dublin Boulevard Extension Fund (670-80); Received the City Treasurer's Investment Report as of January 31, 1995, showing an investment portfolio of $19,405,322.74 with funds invested at an average annual yield of 5.800% (320-30); Waived the Facility Use Fees (Civic Center) for the Dublin Sister City Association to hold their Third Annual Green & White Gala Affair on March 18, 1995, but required a Security Deposit and Certificate of Insurance (200-10); Cm. Howard abstained. Authorized the City Manager to execute amendments to the Lease Agreements with Assemblyman Rainey and Congressman Baker (600-20); Adopted RESOLUTION NO. 8 - 95 AUTHORIZING THE SUBMISSION OF PROGRAM SUPPLEMENT NO. 007 TO THE DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY FUNDING OF THE.DUBLIN BOULEVARD WIDENING PROJECT (600-50) and authorized the Director of Public Works to execute the Supplement Agreement; AdOpted RESOLUTION NO. 9 - 95 AGENT RESOLUTION FOR THE WINTER'STORM OF 1995 CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 81 and directed Staff to forward the resolution to the appropriate State and Federa agencies and authorized Staff to take all necessary actions to comply with the Grant requirements (520-40); Approved the designation of Mayor Houston and Councilmember Barnes as the City's representatives to negotiate with the City Manager regarding conditions of employment, including salary and fringe benefits (600-30); Approved the Warrant Register in the amount of $317,647.73 (300-40). A1 Hunter requested thor the Police Colendor Yeor ! ??4 Repor? De pulled from the Consent Colendor for discussion. There hos been o lot of controversy, por?iculorly s/bce the lost election, reloted to crime, so he requesled thor o verbol repor? be mode. Chief Rose stored Port I crimes went up lOgo lost yeor. Ail others went up 17~o. The overo// crime stotistics showed o 14Ko increose. Mayor Houston pointed out the biggest single contributor is fhe#s from automobiles. Chief Rose slated if you toke out thefts and Iorceny, the rest only went up about 1%. We hove hod some cot theft rings thor hove been hitting the ?ri- Volley Areo. For?unotely, we ore seeing the trend move slightly downword due to increosed enforcemenL We only hove I month under our belt for 1 ~$. We've stoyed obout pot. Cm. Moffott noted with regord to gun deoler permits we issued 4 ond he osked if these were home permits? Are we checking to see if ommunition is there olso? He wos concerned tho! there might be dynomite being stored. Chief Rose stored we hod 2 thai went to gun shops and 2 thai went to individucds in privote homes. There ore some people thor hove weopons thor obtoin permits from the stole. He does not do ony inspecting. There is o different between weopons ond block powder permits. Mr. Ambrose stored he toll<ed with one of the people toddy, ond the guy does gun repc#r. We review this with regord to zoning to moke sure o lot of people oren't going to the home creoting neighborhood troffic problems. Cm. Bur?on commented these were hord numbers. He osked obou! roffos to populotion. It mol<es o lot of difference when you look c~t it from o per copito Dos& CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 82 Mr. Ambrose pointed out that this was a correct a$$e$$menL In I ~8~, the numbers were approximately what they were in I ~3. Cm. Burton felt we should keep the public apprised, particularly with the number of people involved because of the way we've grown over the yearS. Chief Rose agreed that this is something to consider. Crime actually decreased per capita over cz 5 yearperiod. He did this type of a report last year, Du! not this year. Mayor HoUSton brought up the fact that we didn't have our Community Safety Assisfan! position fi#ed most of/cls! year. He asked the percentage of the City covered by Neighborhood Watch Program. Chief £ose stated a/most a year ago, we had about 80 block captains. Cm, Barnes pointed out the comment that the reader should be mindful thai' the comparisons are shown in percentc~ges and can be misleading when applied to small base numDers. Percentages can be played with. A1 Hunter requested that in the future when the Police Chief does a repofl, a presentation De given. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council received the Dublin Police Services 1994 Calendar Year Report (580-60). PUBLIC HEARING - TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE REAL PROPERTY FOR THE WIDENING OF DUBLIN BOULEVARD (670-40) MayOr Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and explained that the City needS to acquire strips of land from 10 parCels of property no later than March 1st, in order to qualify for Federal funding to complete the Dublin Boulevard .Widening project. The resolution of necessity is a finding that the project is necessary and that the property to be acquired is necessary to the project. Negotiations have been completed with 2 of the 10 property owners, and it is hoped that additional parcels will be acquired by negotiation prior to the deadline for obtaining the property. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 83 Pursuant to Government Code SeCtion 726712, the City has submitted offers to purchase the required property in the following amounts: OWNER D'Ambrosio Brothers Shell Oil Co. Joseph Gemma, et.al. Gilroy Theater Co. See's Candies Liberty House Woolverton Dublin Food Services, One James E. Lang, et.al. ASK, Inc. DESCRIPTION Frankie, Johnnie, & Luigi Shell Station (San Ramon/Dublin Coco's Restaurant Thomasville Furniture Store (Vacant lot west of Grand Auto) Orchard Supply Shopping Ctr: Crown Chevrolet Wendy's Clothestime Shopping Ctr. Big O Tires APN OFFER 941 - 1550-3 $ 30,500 941 - 1550-1-7 $ 78,800 941-1550-4 $ 7,1 O0 941 - 1500-28 $ 38,000 941-305-34 $ 14,200 941 - 1500-44 $ 44,800 941 - 1500-15-5 $129,000 941-210-34 $ 26,600 941-210-22 $ 39,700 941-210-23 $ 53,000 Mr. Thompson advised that monies have been budgeted in this Capital Improvement Project for the purchase of right-of-way based on appraisals. Should any of these acquisitions actually go to court, the City would incur additional legal fees. The County of Alameda Real Property Department is acting as the City's right-of-way- consultant. To date, the County has been able to acquire two parcels (See's Candies and D'Ambrosio). County Staff hopes to acquire several more parcels. However, in the event that the County is unable to acquire all of the required parcels by negotiation, it will be necessary to commence eminent domain lawsuits and obtain possession orders. Mr. Thompson stated we had some problems last year and we got an extension for 6 months last October in order to get the right-of-way acquired. We need to have it by the first of March or we could lose a lot of money. Cm. Burton asked if all the property was appraised about the same. Mr. Thompson explained the process. Most of the property came out about $18 per square foot. Mayor Houston asked if the prices are set or if we negotiate. Mr. Thompson stated we negotiate. They can get their own appraisal or we will take a look if they feel there are other damages. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 84 Mayor Houston closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 10- 95 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS - DUBLIN BOULEVARD WIDENING PROJECT Assessor's Parcel No's. 941-1500-15-5; 941-1550-1-7; 941-1500-28; 941-1550-4; 941-1500-44; 941-210-22; 941-210-34~ and 941-210-23 PUBLIC HEARING- 1995 GARBAGE COLLECTION/DISPOSAL/RECYCLING SERVICES RATE ADJUSTMENT (810-30) Mayor Houston opened the public hearing. Assistant City Manager Rankin presented the Staff Report and advised that the City's current garbage service provider, Waste Management Alameda County (WMAC), has requested a rate increase which will increase total revenues collected by 17.4%. The actual percentage change in rates will vary by type of service and frequency. Staff has prepared a proposed rate structure which wil allow the company to collect increased rates. Mr. Rankin reviewed the Staff Report, including information related to: Allocation of Revenue Deficiency by Line of Business; Retroactive Surcharges; Residential Rate Components; Commercial Rates; Drop Box Rates; Commercial Can Service; Handy Hauler Service; Altamont Closure Post Closure Agreement; and Rate Comparisons. Cm. Moffatt asked about closure of landfills. He understood that San Francisco and Contra Costa County are using these landfills. Will they be given an opportunity to pay the same closure fees? Mr. Rankin stated this is part of the purpose to have a concrete amendment that states what is our responsibility. Interim rates have been structured to only reflect our share and not nonfranchiser import waste. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 85 Cm. Moffatt commented the total amount of tonnage has decreased by 25%. He felt we should also get a 25% decrease in closure fees. Mr. Rankin explained that it has gotten more expensive to build a landfil that meets the EPA requirements. The company's costs have also been higher. This also means you have fewer tons to spread the costs over. Mr. Ambrose added the costs have also been going up because of the excessive regulations. Mr. Rankin discussed the two components to the closure/post closure costs. Some of this went back to waste that was placed in 1980. Cm. Moffatt asked if for some reason we use a different landfill, are we still responsible for the landfill of years pasL Mr. Rankin stated lately the courts have been saying yes. Mr. Ambrose stated this is the question of the day. Cm. Moffatt stated the money is in the bank and drawing interest. Do we have any control over how much interest we earn? Mr. Rankin explained that it is in an escrow account with Union Bank and it is not 'n a high yield account. Ron Nahas, one of the owners of the Amador Lakes~ Parkwood and Cottonwood Apartments, stated this will 'ncrease their garbage rates by 55% including last year. He forgot the argument to justify last years increase. They asked Waste Management to weigh their garbage and the calculation didn't balance with the City's numbers. This is an enormous increase. The only thing worse was the 'ncrease they experienced by DSRSD for water. Dublin has done a better job than most cities in trying to contro garbage costs. They have drop box service which means that unlike picking up individual cans they have the opportunity to have somebody else haul their garbage. He asked if they could do this. Mr. Rankin responded they could not. Mr. Nahas asked why they would not be free to use other drop box franchisers. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 86 Mr. Rankin indicated that the franchise agreement grants all the functions to Waste Management. Mr. Nahas requested that those with dropboxes be freed from this obligation. They will try to find other haulers to haul their garbage t© the landfill. They have been held hostage and their rates have increased in an unconscionable manner. Mayor Houston closed the public hearing. Cm. Burton felt Mr. Nahas brought up a good point. We accept the rate increase at face value. The company requested the method be changed ... The company talks about a 1 7.4% increase, 15.9%, 19%, etc. We are doing something wrong. The public will not look favorably at this. This is significant. This is just a small example of what could happen over the next 7 years. He stated he would be more comfortable if we had a marked evaluation. Maybe some of the services should be optional as Mr. Nahas suggested. We might want to reconsider our bid situation. We are caught dealing with someone changing their method of dealing with investment. He is not in favor of this, but he would not forestall it. Cm. Moffatt asked if Mr. Nahas had any recyclables in the drop box that could be pulled out. Mr. Nahas stated they pull out cardboard and do everything they can. They participate in the City's recycling program. Mr. Rankin stated he pays a fee per unit. The City also subsidizes it with Measure D funds. Cm. Moffatt stated he really empathized with Mr. Nahas. Cm. Burton stated we need to get a consultant to work on this garbage thing. There are 15 different items that must be reviewed, 1 5 different elements. This is appalling to him. Cm. Barnes referenced Exhibit 6 and stated she sure wished this would have been here when the City Council talked to the people a couple of weeks ago. She commented on rates. We may be paying less money, but we are getting a lot less service. Mayor Houston stated this looks bad and it is bad. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 87 Dan Borges stated in looking at part of these comparisons from city to city, it depends on how it is picked up. They provide backyard service to Dublin. Once they get into negotiations, this is one of the options that will be looked at. Livermore still has backyard service, but greenwaste is every other week. Mr. Ambrose stated this was factored in. Mr. Borges stated it is true that this is a significant increase. If you compare the rates, however, they are still a lot less than surrOunding communities. When they negotiate a new contract, the City Council will be pleasantly surprised at what comes out of these negotiations. The RFP was given to them and 3 tentative meetings have been scheduled near the end of March. They hope to be in agreement by April. Cm. Burton questioned where we had gone wrong that all of this came to focus in this one year. Dan Borges stated part of it is the methodology and part is to what Mr. Nahas alluded to. Just recently Alameda County tacked on another 95 cents per ton. There are a lot of state and federa and county fees from government imposed fees. They are pass throughs. Livermore opted out of the JRRRC. Whatever happens with alii the other cities, happens 'n Dublin also. The data supporting the rate increase they applied for supported the numbers. They are stil not doing as well as most of the companies are in this business. Cm. Burton pointed out there is no question that people like their service. It bothers him that we are going into a single negotiation. Mr. Borges discussed the possibility of taking the balancing account. You're still dealing with the closure/post closure. Cm. Barnes concerned that we get backyard service. She sees most people put their cans out. Who takes advantage of backyard service? She felt she is paying x number of dollars and others are getting more service for their money. Mayor Houston stated we will be able to look at al the options and determine what we want. Mr. Borges discussed the major difference between automated service as opposed to the service that we have. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 88 Mr. Ambrose reminded the Council that we must make certain that we pay them for their cost of service. We could juggle how we set the rates. San Ramon's commercial rates are almost 4 times what our commercial rates are. Mr. Rankin stated the Council ~ets the rates. This is merely a recommendation. The JRRRC spent about $200,000 to have a consultant review the rate application. We should know in a couple of months what sort of profit margins and what kind of landfill agreements we will be looking at. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 11 - 95 AMENDING SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION/ ESTABLISHING A MINIMUM SERVICE LEVEL FOR RESIDENTIAL CUSTOMERS AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE-FAMILY COLLECTION and RESOLUTION NO. 12- 95 EXTENDING THE TERM OF A PROVISIONAL AGREEMENT AND AMENDING THE RATE COLLECTED FOR CLOSURE POST CLOSURE EXPENSES ASSOCIATED WITH THE ALTAMONT LANDFILL PROPOSED COMMUNITY FACILITIES TASK FORCE (110-30) Parks & Community Services Director Lowart advised that at a recent meeting of the City of Dublin/Dublin School District Liaison Committee, it was suggested that several improvement projects that the City had completed on District property be reviewed and updated to reflect current needs of the schools and the community. It is proposed that a Task Force be established to identify project priorities. The proposed Community Facilities Task Force would be staffed by the City's Parks & Community Services Director and the District's Assistant Superintendent, Business with a suggested composition of: 1. City Representatives a) Parks & Community Services Commissioner 2. School Site Representatives (2 per school; staff and student or parent) a) .Dublin High School b) Frederiksen School CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 89 o c) Murray School d) Nielsen School e) Valley High School f) Wells Middle School School Related Activity Programs a) Athletic Department and Athletic Boosters b) Drama Department c) Music Department and Band Boosters d) Others as identified by the School District Community Groups a) Childrens' Theatre Workshop b) Dublin Little League c) Dublin United Soccer League d) South Valley Youth Football e) St. Raymond's CYO Basketball Community At Large (3-5 appointed by Mayor) Cm. Moffatt felt this was a great idea and he heartily recommended it. Cm. Burton stated he was glad to see a review of the amount of money we've put into school facilities. Ms. Lowart stated we have accomplished several of the projects and the cost estimates are in 1989 dollars. We have put almost $1,000,000 into school facilities. Cm. Burton felt we need to be careful that we don't mix this task force with the teen task force. Ms. Lowart responded that we have a specific goal in mind with this task force. The issues will be kept separate. Mayor Houston felt this would be in conjunction with the teen task force later on. This is just a part of the bigger picture. Bob Trimble, Chairman of the Parks & Community Services Commission, stated tomorrow night they would select the member to participate. He is concerned about the overall. He was involved in the Parks Master F~lan General Plan for the City and they looked constantly at the usage of facilities. He hoped the Council would consider that this become a subcommittee to the P&CS Commission. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 90 Mayor Houston felt if this is going to work it will be a partnership between the City and the School District. We want to work with all the representatives to get their input. In this situation he did not feel it would be a subcommittee because the School District will be a full partner. Cm. Moffatt asked about the 1989 agreement and if the P&CS Department facilitate the fields and buildings use after the school is through using them. Ms. Lowart explained that originally when we embarked with these committees, the Commission played an active role. They received the information and then made a recommendation to the City Council. The Commission has been kind of sidestepped in the most recent cases. They would like to be included. They make recommendations on parks as part of the CIP to the City Council. Cm. Burton asked if it was anticipated that the multipurpose building would be operated by the P&CS Department. Mayor Houston stated this will be part of the task force to brainstorm some ideas. The finance portion will be a separate part. The ideas that people have will all cost money. We have to see if we can pay for it. It's not just going to be with the P&CS. Cm. Howard stated she thought the task force was to be for all facilities, yet Mayor Houston kept referencing a gymnasium. Ms. Lowart explained that the City had committed to some projects and in the meantime the subject of the gym came up. She thought they would look at all facilities and possibly a gym would go to the top of the list. Mayor Houston corrected that the direction of the liaison meeting was mainly to look at a gym. Ms. Lowart apologized for her misunderstanding. Mayor Houston stated this will most likely not be something under the P&CS Commission. Cm. Moffatt stated they currently handle and oversee this now, even with the school. This would be a natural way for this to be handled. This is one of the reasons we call it ~Community services". CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 91 Mr. Ambrose explained how the joint list came about. The School District did a report and the Parks & Recreation Commission made a report. They were prioritized and presented to the Council. Mayor Houston felt the data that comes out of this can go to P&CSo Cm. Burton felt for the long haul we need to keep them involved as they are the ones to make the recommendations and operate the programs. Mayor Houston felt if this is under the Commission, you will have a tough time getting representatives. Mr. Ambrose stated he felt it was a matter of semantics. The School District must buy into this and make some appointments. A report and some recommendations will be produced. The P&CS Commission is requesting that they be able to review the report and make a recommendation to the City Council. The data funnels through P&CS and they make additional comments and recommendations. Mayor Houston asked about the Council's desire on the 3-5 at large. He asked if Staff will be advertising? The consensus of the Council was to try for 5 at large members. Ms. Lowart responded that yes, Staff will advertise for these positions. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the formation of the Community Facilities Task Force and directed Staff to advertise for openings. RECESS The Mayor called for a 3 minute break. All Councilmembers were present when the meeting resumed. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 92 REPORT ON JOINT FIRE SERVICE DELIVERY OPTIONS FOR TWIN VALLEY FIRE DEPARTMENTS (540-70) Karl Diekman, DRFA Fire Chief presented background material on this issue. With the assistance of The Davis Company, Staff worked with fire officials in Alameda County, and the Cities of Livermore, San Ramon and Pleasanton to complete an evaluation of joint fire service delivery opportunities within the Valley. The purpose of this effort has been to determine if there are practical ways to either reduce or constrain costs while maintaining or improving current fire service levels. The City Managers and Fire Chiefs believe, based upon the comprehensive technical study, that there are ways to improve coordination of the Fire Departments in the Valley while essentially retaining local control over levels of service and constraining costs. The cities are really the parent organization and for this reason they came before the City Council instead of the DRFA Board. Chief Diekman stated Staff recommended that the City Council authorize Staff to undertake discussions with Alameda County, Livermore and Pleasanton and their respective labor representatives to develop one or more specific joint service delivery proposals. Program specifics and financial implications would be finalized as part of the 1995-96 Budget process. Cm. Burton asked about shared decision making process. He referenced Page 3, paragraph 3, major disadvantages. The thing that came to mind would be a serious catastrophe. He questioned if they would be able to handle this with the prima donnas in the fire department. Chief Diekman stated this section is more at the administrative level. They would not.go beyond their mutual aid agreements until a clear rule was understood. Fire prevention is a very technical service by in large. Hopefully this will stay out of the political arenas. Cm. Burton stated he could see this becoming a political football. Mr. Ambrose stated Livermore is one of the only 3 agencies that has a Fire Marshal right now. Details will have to be brought back, probably to the DRFA Board of Directors. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 93 On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council authorized Staff to undertake discussions with Alameda County, Livermore and Pleasanton and their respective labor representatives to develop one or more specific joint service delivery proposals. SENATE BILL 2 (KOPP) LOCAL GOVERNMENT TERM LIMITS (660-40) City Manager Ambrose stated Mayor Houston requested that a report be placed on the agenda related to term limits. Current law does not allow local government agencies to impose term limits. Senate Bill 2 would expressly authorize the governing bodies of county boards of education, school districts, special districts, city councils or residents of those respective entities to submit a proposa to the electors to limit the number of terms of a member of the governing body. Mr. Ambrose stated since the bill would create additional duties for election staff, it is considered to be a State-mandated program. However, the bill provides that no reimbursement shall be made from the State-Mandates Claims Fund for these costs. Mayor Houston stated he didn't know where Staff got the idea that this Was a State mandated program. Mr. Rankin pointed out that it also allows a referendum. Mr. Ambrose stated the legislature makes this determination. Mayor Houston stated he would like to see a letter of support for this. Supervisor Gall Bishop in Contra Costa County supports 2 4-year terms. Cm. Howard asked if we put this on a ballot if it' would also include the School District. Mayor Houston said no, but the School District could do the same thing. Staff advised that each governing body would need to do their own ballot measure. Mayor Houston felt it would make sense if everyone wanted to do this, that it be done at the same time. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 94 Cm. Moffatt stated he had a problem with this since the City is grassroots level. Why do we need this when the electorate makes up their mind every 2 to 4 years? When you get into regional concerns, you may not be there long enough to make any inroads. Cm. Howard stated she would rather not see us be the first agency to do this. If the other cities do it she would go along with it then. Mayor Houston disagreed with Cm. Moffatt's comments. As an example regarding appointments, at the Mayors' Conference, he is doing just fine even though he hasn't been there for 10 years. Cm. Burton pointed out that the cost of elections is becoming very high and it's hard for new people to raise money. If an incumbent stays 'n office, a lot of people won't run. There are exceptions; Mayor Houston put a lot of money into his campaign. On motion of Cm. Burton, seconded by Cm. Barnes, and by majority vote, the Council directed Staff to send a letter supporting Senate Bill 2 Cm. Moffatt voted against this motion. FISCAL YEAR 1994-95 MID-YEAR BUDGET REPORT (330-20) Assistant City Manager Rankin presented the Staff Report and advised that since the adoption of the 1994-95 Budget, the City Council has approved Budget Changes or Transfers which will reduce the amount of excess General Fund Revenues anticipated to be appropriated to Reserves at the end of the Fiscal Year. Additional appropriations include: Provision of Crossing Guards Little League Parade Maintenance Costs Fire Services Station #3/Paramedic Services CTV Contribution Heritage Center Project Total New Appropriations $24,039 ~,100 40,917 1,500 26,532 $94,088 The City Council also approved two budget changes regarding expenditures in the Capita Improvement Project Fund of $28,500. Following a detailed presentation of the Staff Report, Mr. Rankin stated the City's fiscal condition remains very positive for the current fiscal year. The revised mid-year CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 95 projection of Genera Fund Revenues in excess of General fund Expenditures is $331,271. Cm. Moffatt asked about public safety disaster preparedness, and noted we have budgeted $31,000 but we haven't spent any. He would really support this. Mr. Rankin explained that the position came on board in January. We will be spending money in this account. Cm. Burton asked about the projection figure. Mr. Ambrose stated based on the data in the report, this is Staff's best guess. This is what we estimate our year-end fund balance will be. Mayor Houston questioned the extra cost for crossing guards. The agreement with the School District was we would give up the maintenance of the football fields. Mr. Rankin advised that the number shown was a net figure. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the Budget Change Forms and authorized a transfer to the General Fund of Unanticipated Delinquent Assessments and Penalties (San Ramon Road Specific Plan Assessment DistrictJ. REPORT ON THE ABAG COMPREHENSIVE SUBREGIONAL PLANNING PILOT PROJECT (140-10)' Planning Director Tong stated the Association of Bay Area Governments (ABAG) has awarded a grant to a committee of the Tri-Valley Council for a comprehensive subregional planning pilot project. The project is intended to 1) demonstrate coordinated,- multi-jurisdictional local planning and 2) produce a draft subregional strategy. The strategy will need to achieve reasonable consistency with seven land use goals adopted by ABAG. Mr. Tong explained that the preparation of the draft subregional strategy may require at least 4 hours/week of staff time for the 6 month duration of the grant, totaling approximately 100 hours. Participation in this project will delay other Council authorized projects, including, but not limited to: Eastern Dublin implementation measures CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 96 including scenic corridor policies, stream corridor restoration, inclusionary housing ordinance, school impact mitigation, sewer, water, transportation, and fiscal matters; Schaefer Ranch General Plan Amendment, Prezoning, Annexation and Development Agreement Study; Outdoor Sales Ordinance; and potential Eastern Dublin Detailed Planned Development Rezoning(s). A draft MOU was prepared to formalize the organizational framework for implementing the Project for consideration by each Tri-Valley jurisdiction. The draft MOU would need to be executed by and between the member jurisdictions of the Tri-Valley Council. Mn Tong stated the City of San Ramon has offered to perform the function of financial oversight of funds expended in conjunction with the Project. The MOU states that the public agencies entering into the MOU do not intend to create an agency or entity separate from those public agencies. The draft MOU suggests that the name of the Tri-Valley Council Comprehensive Subregional Planning Committee be changed to the Tri-Valley Planning Council (TVPC). The TVPC would be comprised of one elected member of each member jurisdiction who would be responsible to report to their respective board or council on a routine basis to keep them informed of the progress and to receive input. The draft MOU also establishes a technical advisory committee made up of one staff member from each member jurisdiction, with one staff member serving as chairperson. Mr. Tong discussed potential concerns with the draft MOU which related to voting and the name of the body preparing the draft subregional strategies. Mr. Tong stated if the Council decides to participate in the Project, the Council may want to provide direction to its representative, alternate and Staff on how to provide input on the menu checklist regarding the City's level of commitment to the individual policies (support/would consider/don't support/not applicable). In summary, the City Council was requested to: 1) appoint a representative and an alternate; 2) provide direction regarding the amount of Staff participation; 3) provide direction regarding any necessary revisions to the draft MOU; 4) adopt the Resolution adopting the MOU with any necessary revisions; and 5) provide direction regarding input on the menu of subregional land use policies. Cm. Burton asked about the advantage for Dublin to be involved in this, CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 97 Mr. Tong stated we could indicate what the best land use policies would be in our region. Cm. Burton asked if in his professional opinion he felt it's necessary. Mr. Tong responded it was difficult to say. There's a down side if we don't participate in that the other agencies may move forward without us. Cm. Burton stated the other agencies can determine our future. He is absolutely against outsiders coming in and deciding what's best for us. They have one objective, one agenda and that is to try to stop us. They are moving in on us. We are the ones that have the land and the intersections. They are not going to give up. Cm. Moffatt felt if there is a unanimous type decision like the TVTC, this is not a waste of time. We are trying to create a political unit that has more clout. You can't be an island. We have to be able to interact with other folks. This plan does not become binding unless you put it into your General Plan. He is proposing two things; that it require a unanimous decision and you put it into the General Plan. Mayor Houston thought originally they would all get together and try t.o work out the problems. We now have to work through this ABAG booklet. A lot of the items do not even apply to the Tri-Valley area. He objected to Goal #2. We do not maximize our resources and efforts to make sure our infrastructure keeps growing and can accommodate. He also objected that economic development is at the bottom of the list. ThiS should be at the top. There are over 100 recommendations. He was not aware when we were applying for the grant that it would be this little ABAG pamphlet that provided the guidelines. Mr. Ambrose felt the Council should keep in mind that the ABAG Report is an outgrowth of their position on regional growth. Mayor Houston discussed item #27, which just isn't something that is applicable in the Tri-Valley area. They are talking about Oakland, San Francisco, some of the older cities. This whole thing is not of the tri-valley's thoughts. He asked how tied we were to working with this document as a structure? Mr. Tong stated this document was the basis for the pilot project grant to see how this sub-area could develop. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 98 Cm. Moffatt stated a lot of the goals are generic goals. Mayor Houston asked if they are going to ask for some more money from us? Mr. Tong stated by the time the actual proposal was submitted, the full $55,000 was going to go to a consultant, plus the various cities wou d have to kick in in-kind staff support. We anticipate this project will need about 100 hours of our staff's time. Cm. Barnes stated she never wants to close a door on things like this. Cm. Burton advised that this is the second generation to forestall Dublin's efforts. They are doing the same thing from a different ang e. We spent 6 years working on a General Plan and they want to come in and tell us how to run it. They can forestall us every time we want to do something in eastern Dublin. The people on this are the same people trying to stop growth. Mr. Ambrose stated you have certain representatives that do not necessarily reflect the whole agencies viewpoint on this. Cm. Burton pointed out that we still have the Tri-Valley Council. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote, the Council directed Staff to send a letter saying thank you very much, but we're not going to be a participant. Mayor Houston and Cm. Moffatt voted against this motion° REVIEW AND ADOPTION OF THE TRI-VALLEY TRANSPORTATION PLAN/ACTION PLAN (1060-80) Public Works Director Thompson advised that the 5 Tri-Valley Cities and the Counties of Alameda and Contra Costa have been working on a Tri-Valley Transportation Plan/Action Plan for several years. 'This plan establishes major roadway locations and widths for roadways common to more than one jurisdiction, sets levels of service and recommends mitigation measures for those roadway segments that will not meet the recommended level of service at year 2010. Mayor Houston asked about LOS D. Are there levels in our City now where we exceed this level? CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 99 Mr. Thompson advised that the intersections of Dublin Boulevard/Dougherty Road and San Ramon Road/Dublin Boulevard were getting there but we did some improvements. Mayor Houston asked what happens if an intersection exceeded the level and deteriorated. What happens then? Cm. Moffatt thought there ,were a couple of remedies. Most of the Traffic Engineers assign different communities a higher level of service because of the town next door. The offending individual that's upstream then has to mitigate the problem. Mr. Thompson stated the way it is worded is to look and see if you could make some improvements or see if you could make improvements somewhere else that would impact it. Mayor Houston stated his concern and used as an example the Unisource building. They will be leaving some day and we need a new tenant there. Would this jeopardize other areas? Mr. Thompson stated this is one of the things they will sit down with the City Attorney and review. Mayor Houston felt if someone says the Dublin Boulevard/San Ramon Road intersection is too much, this would shut us down. He wants us to have flexibility to work on our own. Cm. Burton thought this was originally a study to help other agencies know what they are getting into in the year 2010. Extrapolating with a computer is very easy. There are a lot of presumptions in this. They are talking about metering as a way to modify. We won't be able to get on the freeway. All our intersections will be clogged up. All the traffic from the east will be waiting to get through. He is opposed to metering. He also objected to all the fees. We are the ones who will have to pay, but they will be the ones to control and allocate it. They are setting themselves up for ongoing monitoring and enforcing. This is very critical over the next 8 to 10 years. The costs just keep going up for the people who will be buying the houses. Cm. Barnes was worried about the possibility of us losing our gas tax subventions. She worries when we're not at the table talking. Mr. Thompson stated they have said they are not a land use agency. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 100 Mr. Ambrose pointed out they are not an agency. It's just a group of communities. There are risks if we do and risks if we don't, it's important for us to have the City Attorney look at the impacts. The Council needs to understand exactly what we're getting into. Cm. Burton stated he was not against the report. His point was to not get involved where they can come in and enforce things that impact us. By a concurrence, the Council agreed to continue the item to the February 27, 1995, City Council meeting in order to obtain further analysis from the City Attorney's office before considering adoption of the Tri~Valley Transportation Plan/Action Plan. OTHER BUSINESS Informational Reports (610-05) Mr. Ambrose reported that Staff was working with the School District to schedule a meeting of the Teen Task Force on March 16, 1995, possibly in the Dublin High School cafeteria. City Attorney Silver advised that she had passed out information rela.fed to the BART antenna. Mr. Ambrose relayed information from Carol Whiteside related to National Correction Day; dumb federal laws that need to be changed. The Council thanked Staff for the updated list of appointments. Cm. Howard asked what's happening with the old Lucky Store site. Mr. Ambrose advised that Staff had no information on a firm tenant. They were looking at a furniture store, but this is not confirmed yet. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 101 Mr. Ambrose stated he had talked with the corporate Vice President of Best Buy. They hope to open 9 stores. The Dublin location is a number one site, but they are also considering two other sites. Cm. Barnes asked if we ever got information on the City entrance signs. Mayor Houston stated he had not heard back from the Chamber. Janet said they would look into it. Cm. Barnes requested that someone please follow up on this. Cm. Barnes advised that she had been on the phone constantly about the Viacom and TNN issue. It appears by the way they put it in the paPer that we were more successful, but we really were not. Viacom has assured us that sometime in 1995 or 1996, this will all be fixed. They've sold the company and there's new people. They don't even know if they will have a job in June. The people in Dublin that were fighting for TNN-did not win. Cm. Moffatt asked if we could revisit the National Small Business Tree Program and get some of the berms over on Dougherty road planted. Redwood trees and azaleas would look nice, or maybe some native oak trees. Mr. Ambrose stated the application has already been submitted. Staff can review this. Mayor Houston asked if somebody comes out and checks to see where we plant the trees. Mr. Thompson stated yes, he thought this was a requirement. Cm. Moffatt said this was a general concern - f we can't plant trees, he requested that Staff look at the possibility of planting some seeds to get some color out there. Mr. Ambrose said Staff could evaluate this as part of the budget. Cm. Moffatt brought up the League of California Cities urgent fax about SB 11 and mandate relief coming up on Wednesday, February15. Mayor Houston said he supports this. Mr. Ambrose stated Staff could send something on this. Cm. Burton commented on the memo regarding the retease of prisoners coming to Santa Rita. He saw something about them trying to negotiate with bus tickets. Mr. Ambrose stated once they are released, they are free. We have little to say about this. They can make it available to them, but they can't make them do it. Mayor Houston felt as a genera practice, they help arrange for a relative or friend come and' pick CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 102 them up. If somebody has no way to get out, they try to make arrangements with a bus or some other way. Cm. Howard asked why they don't make them free when they step on the bus. Cm. Barnes stated the prisoners are from all over the state. Mayor Houston advised they could be there anywhere from 10 to 60 days. A portion of them will be going back to jail. Cm. Burton stated since'they go through a court hearing, why not let them go from the court. Cm. Burton asked if Cm. Howard had attended an Alameda County Housing AuthoritY meeting. He attended the last meeting, but she is the appointment. Mayor Houston requested that the City Clerk check on this to see who the appointment is. He stated he tried to spread out the assignments. Following discussion, it was determined that Cmo Burton rather than Cm. Howard will be the appointment. Mayor Houston stated he saw on CTV 30 that 4 people from LAVTA were going to Washington, D.Co He questioned who authorized this kind of thing? Cm. Moffatt stated one of the problems that all the transit agencies are having now is that the budget has been cut back very severely. They are trying to lobby for more money from the federal government. The money that's been spent in the past for lobbying is small compared to the money they get. Mayor Houston pointed out that the City of Dublin works hard to cut back here and the different boards should be aware of this as well. Four people are too many. He's happy our people didn't go. Cm. Moffatt asked for direction related to the use of the Regional Meeting Room by the Subregional Pilot Program people. Since Dublin will no longer be participating, this group may be required to pay for the meeting space. The Council determined that they will have to pay in the future. Mayor Houston stated he would be at the next meeting and he would break the news and will take the arrows. CLOSED SESSION At 10:43 p.m., the Council recessed to a closed session to Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Dublin vs. Dublin Meadows Partners, Golden Eagle insurance Company and JL Construction Company - Alameda County Superior Court Case No. V-003778-9. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING February 13, 1995 PAGE 103 REPORT ON CLOSED SESSION ACTION Mayor Houston announced that by a unanimous vote, the Council approved a settlement agreement on this case. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:01 p.m. City Cl~rk CITY COUNCIL MINUTES VOLUME 14 - REGULAR MEETING February 13, 1995 . PAGE 104