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HomeMy WebLinkAbout06-25-1996 CC Adopted MinutesREGULAR MEETING ~ June 25, 1996 A regular meeting of the Dublin City Council was held on Tuesday, June 25, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 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 flag. INTRODUCTION OF NEW EMPLOYEE 3.1 (700~10) Chief Rose advised that Alameda County Sheriff Sergeant Mike Pecoraro, who is new with Dublin Police Services was unable to attend the meeting tonight, so he will be introduced in the future. APPOINTMENT TO PARKS & COMMUNITY SERVICES COMMISSION 7:02 p.m. 3.2 (110~30) On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the appointment of Wanjiku Kamau as student member of the Parks & Community Services Commission. Ms. Kamau stated she has sat on the School Board for the last 2 years. She will be a junior in high school in September. RECOGNITION OF SERVICE ON PARKS & COMMUNITY SERVICES COMIMISSION 7:04 p.m. 3.3 (610~50) The City Council presented a Certificate of Appreciation and Quill Pen to Gabriela Nasar for her service as student member of the Parks & Community Services Commission. Ms. Nasar stated she will be going into the pharmaceutical field and attending U. C. Santa Barbara. CITY' COUNCIL MINUTES VOLUME 115 RE(IUL~R MEETIN(i June 25, 1996 PAGE 295 PRESENTATION BY SAN JOAQUIN REGIONAL RAIL COMMISSION ON THE ALTAMONT EXPRESS COMMUTER RAIL SERVICE 7:05 p.m. $.4 (1060-60) Bob Stockwell, Inter-Governmental Relations Manager stated he would be making the presentation as Robert Cabral, Chairman of the San Joaquin Regional Rail Commission was involved in budget hearings. They requested an opportunity to present a status report on the proposed Altamont Express Commuter Rail Service. The presentation included an overview of the service proposed and the latest capital and operating cost estimates available. The Rail Commission's intent in making the presentation was to better inform each of the Cities in Alameda County about the potential for implementation of the new service since it is anticipated that a majority of the total ridership for the Altamont Express Commuter Rail Service will begin or end their commute rail trip in Alameda County. Mr. Stockwell explained that the Alameda County CMA Board will hear the presentation on June 27, and the Rail Commission anticipates that the CMA Board will direct staff to begin the formal process of discussion and negotiation with San Joaquin and Santa Clara Counties to determine whether a satisfactory operating agreement for the new service can be fashioned. Cm. Burton questioned some of the right-of-way costs. Mr. Stockwell stated they will be improving the existing railroad. Phase I would be 2 trains in the morning and 2 returning in the afternoon. Cm. Burton asked about the presumption that Alameda County will carry twice the burden of even San Joaquin Valley. Mr. Stockwell advised that in an 85 mile commute there are $ key congestion points. Another factor is the 580/680 congestion and then the Sunol Grade. Very few riders from San Joaquin County will make the entire 85 mile trip on a daily basis. There will likely be 2 stations in Livermore, with one at the Lab, another at the new LAVTA Station. The next stop would be Pleasanton. The formula is subject to negotiation and represents their best guess today. Cm. Moffatt asked about subsidies from ISTEA, etc. Mr. Stockwell feels they will have strong support from both sides of the House and with reauthorization of ISTEA funds for this type of service. They can't go to the bank on this yet, however. The magnitude of Federal support they get will be nowhere near what BART gets. ClT~ COUNCIL MINUTES VOLUME 1 I~ RE6ULAR MEETIN6 June 25, 1996 PAGE 29¢ Mayor Houston asked about the operating subsidies deficit. Mr. Stockwell stated they know where the funding will come from in San Joaquin County, but they don't assume to speak for Alameda and Santa Clara Counties. They are working with the CMA and will make a full presentation to that board on Thursday. They hope to receive authorization for Staff to negotiate the formu las. Cm. Howard asked how many riders they expect per day. The trains carry about 450 passengers, and 900,000 boardings are estimated for the first two years. Cm. Howard asked about the location of the Heasanton Station. Mr. Stockwell stated it is being discussed as being at the Fairgrounds. They will be working with WHEELS to get people to the station. They are also working with major employers. No commuter service started in the last 15 years in the United States has failed. The railroads have been quite open to negotiating this agreement. Cm. Moffatt questioned the cost of the 2 hour trip. Mr. Stockwell stated they have considered 10 cents a mile. This would be $8.50 one way for the full trip. The current AAA estimate for car operation is 41 cents a mile and this was estimated before the increase in gas. Mayor Houston thanked him for the information. PROCLAMATION 7:36 p.m. 3.5 (610~50) Mayor Houston read a proclamation commending LAVTA on their tenth anniversary for providing a viable transportation service. The Proclamation was presented to Cm. Moffatt, who serves as Chair of LAVTA. Cm. Moffatt stated July 1 lth from 4:00 p.m.~7:00 p.m., in the afternoon will be their celebration. They will have some new buses and lots of refreshments. Cm. Burton advised that they anticipate they will have their one millionth rider Thursday morning at 10 a.m. This will be at Valley Memorial Hospital. WHEELS is one of the few bus companies that makes money and has a positive cash flow. He stated he is also on the Board. CIT~ COUNCIL MINUTES ~/OLUME 15 RE6ULAR MEETINql June 25, 1996 PAGE 297 CONSENT CALENDAR 7:40 p.m. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by unanimous vote, Council took the following actions: the Approved (4.1) Minutes of Joint Study Session of May 28, 1996 (prepared by DUSD) and Regular Meeting of June 11, 1996 Accepted (4.2 600-60) the improvements for Dublin Meadows Tract 5883, as being completed; Adopted (4.3' 600- 30) RESOLUTION NO. 67 - 96 APPROVING AMENDMENI I0 AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH TJKM TRANSPORTATION CONSULTANTS Authorized (4.4 330-20) Staff to appropriate to Reserves, any Revenues in excess of Budgeted Expenditures as of June 30, 1996; Received (4.5 810-60) an informational report related to recycling services at Amador Lakes Apartments; Approved (4.6 300-40) the Warrant Register in the amount of $692,112.48. Mayor Houston announced that Item 7.1 Crossridge Slope Failure Study would be moved forward on the agenda. REPORT ON CROSSRIDGE SLOPE FAILURE STUDY 7:40 p.m. 7.1 (550-10) Public Works Director Thompson presented the Staff Report and advised that several soil slides have appeared along the cut slopes of the Dougherty Hills Open Space Park as a result of two very wet winters. The City Council authorized studies to be undertaken to determine the causes of and repairs to these slopes. The reports indicate that the estimated cost is $405,650 for the repair of the large slide area on the Crossridge slope, together with the reconstruction of one catch basin and sections of the "Vee" ditches, plus the slope repair of 4 smaller slides in the Jade Circle and Topaz Circle areas. The costs to perform all of the repairs recommended in the geotechnical report is estimated at $700,000. These estimates include the initial soils and engineering investigations. CITY' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 June 25, 1996 PAGE 298 Ray Skinner Engineering Geologist from Berlogar went over the soils report. Cm. Moffatt commented that it appears the work doesn't hold any guarantees. Mr. Skinner stated they are confident that this approach should deal with the problem. Absolute guarantees are pretty tough in the geotechnical business. Cm. Burton asked if the pockets with soft soil would be alleviated. Mr. Skinner stated there are problems with water coming down and saturating the lower slopes. In large part, the problem is the type of soil rather than the water. Over a period of years, there is a weakening of this material and they feel that this has led to the failures that have occurred thus far. Cm. Burton stated he envisioned something like cutting a road. If water is a problem, we should try to divert the water. Mr. Skinner stated the soil itself is a major component of the problem. Mr. Thompson stated weak soil needs to be taken out and repaired. To do all the work, the estimates they came up with total about $700~000 and Staff is proposing in the CIP to do all the areas that have failed up to this point. They held a neighborhood meeting a couple of weeks ago. Shelley Bergbower, 7724 Crossridge Road stated she had two statements to read. Greg and Mary Pallotti's statement was read first. "Dear CouncilMembers: We mere in attendance at the Crossridge Road Slope Repair Study Meeting on June 13~ 1996. Subsidence of the hillside and pool water drainage concerns ail homeowners along Crossridge Road, even those that did not have any direct damage above their respective properties. Our specific problem is caused by an improperly designed, constructed and maintained Vee ditch which allowed water to cascade down the hillside, flooding our backyard and swimming pool. Santina and Thompson, in its hydrology study and topographic survey~ confirmed what We stated in our original letter to Lee Thompson dated January 10, 1995. The vee ditch has Iow and tTat spots and negative slopes. Page 2, paragraph 1, of Lee Thompson's Agenda Statement 6rune gg~ 1996) states that... "adverse slope has the potential for water to breech the ditch and go over the top of the slope into residential baclcyards". This has already occurred to us several times. We are encouraged to see that a hybrid of alternate #3 (rebuild the Vee ditch) is recommended in lieu of alternate #8. A new Vee ditch, constructed to proper grade, is in order because the existing ditch has settled and contains many large cracks and holes. We are still concerned about the potential for future subsidence of the hillside, and the possible remedies that are not proposed in the estimated $405,650 for repairs. We believe that the City Council should seriously considerpefforming all repairs (estimated $700,000) to avoid potential future liabilities. Sincerely~ (signed) Greg ~ Mary Pallotti 7900 Crossridge Road Dublin, CA ~4568" CIT~ COUNCIL MINUTES ~/OLUME 15 RE6ULAR MEETIN6 June 25, 1996 PAGE 299 Ms. Bergbower read the statement from she and her husband. "Dear City Council Members: We attended the meeting held on June 12, 1996, conducted by Zee Thompson, wiIh respect to the Crossridge Road slope fmlures. We are encouraged that the City is moving forward to take the necessary measures to resolve this tenuous and critical situation. As a homeowner, that is directly affected by these slides, we are hopeful that the recommendations presented to you this evening will be approved in a swift fashion. Our home is one of those included in the 'large slide areas" that is part of the $405,650.00 repair survey and recommendation by Santina & Thompson. It is our hope, and desire, that this recommendation is approved without hesitation and implemented immediately. As indicated by the survey conducted by Berlogar GeotechnicM Consultants, as well as Zee Thompson himsel~ "these areas are soft and could move at any time". Failure to approve the recommendation of soil replacement and "vee" ditch repairs, would be negligent and could result in catastrophic proportions come rain season. Our concern, once the funds are approved and the project bi~ would be the implementation and completion of the scope of work. We are concerned with the following: I. The scope of work should be adjusled to the lO0-year storm standard. This is a b'~ure that has been referenced in all conversations up until recently~ as the level of work is being considered. As the recommendation stands, the scope of work is based on a ID-year storm. Z The work to be completed in a quick and effective manner. The concern here being the overall timing of project completion to insure the new soil is compacted and in place prior to potentially early fall rains. Although it has been indicated that it is, "the City's intent", it is imperative that this become a priority. $. That a certified lette~ from both the soils engineer and the City of Dublin, which indicates that the work was completed to the recommendation of the soils engineer and to city code. A notorirized (sic) copy should be provided to those directly affected by the scope of work. Another issue for consideration would be that of the a ''total recovery" plan at an estimated h'$ure of $700~000.00. This is an a~gressive h'$ure to repair "potential slide areas~ however the Council should consider the ''total solution" that could limit overall liabilities in the future. The City has alreadypaid for the sur~ey of the soils as it stands today. It seems likely that future expense would be incurred to 'R-survey" those areas should they begin to slide in the future. Therefore, a plan to "phase" the repairs of these areas would be far more responsible both to the homeowner's that are affected by the secondary $$00,000.00 repair project, as well as to the taxpayer's in Dublin. Lastl~ it is curious to us as to why the City of Dublin, in it's pursuit to recover these fund from the develope~ has chosen to sue for the $700~000.00 repair cost. Why would the City not hope to recover not only the repair costs but the survey costs, as well as all costs associated with the repai~ replacement, loss of value and total repair of this area. We would hope that the City would agressively (sic) pursue the "total loss" to include ail of these critical items. We thank you for your consideration and approval of these items. It is our hope that you make a immediate and responsible decision on our behalf. Sincerel~ (signed) The Bergbower's Robert and Shelley Bergbower 7724 Crossridge Road Dublin, CA 94568 (510) 839-9750" Lothar de Temple, 7736 Crossridge Road, stated Mr. Thompson addressed the issue very well. An area not brought up was the landscaping on those lots affected. He has been actively planting up there for the last 8 years. He has about 40 fruit trees, evergreens and shrubs and he has given a plan of this to Mr. Thompson. The mudslides occurred on City property. To now repair the City's property, we need to CIT~ COUNCIL MINUTES VOLUME 1 I~ RE6UI.,4tR MEETIN6 June 25, 1996 PAGE $00 excavate his and his neighbor's property. All his plants will be affected. He pointed out that he appreciated what is being done. They all understand why it has to be done. At the same time he asked for some consideration for the landscaping that is already in place. Some comparable compensation he feels is in order. Janine McCune 7750 Crossridge, thanked everybody for taking the steps to get this far. Their home has been affected in two ways. Their back yard was flooded and in addition they had to dig out plants and remulch their hill. Mr. Thompson is also proposing to tear out their landscaping. They also installed an irrigation system on the hill. Whatever the proposal is to repair the hill, to start over with their landscaping, they feel is unacceptable. They would appreciate consideration to take landscaping into consideration. Also, she would like to know when this is completed will they be able to provide something stating this is done to code so when they try to sell their homes, they'll have this. Bill Guyon, 7810 Crossridge Road, stated his main point is he would like the hill fixed and fixed correctly. He was concerned that we may be treating symptoms rather than the cause. The time frame may be up for debate. Their solution would fix what they've found. There will be other problems and it will impact their property values. The $400,000 solution is a great first step, but we need to go all the way. They will have bigger liability problems if it isn't done right. Let's not go half~way. Dan Birmingham, 7712 Crossridge Road, stated the Vee ditch ends directly above his house. The drain has plugged up $ different times and the water runs directly into his yard and into his house. He hasn't heard a solution or this problem being addressed. What will happen with this? Why are we not installing a vee ditch along the fence line? He thanked the City Council for addressing this issue in a timely manner and thanked Mr. Thompson for redesigning the grate that covers the drain. Nancy Scares, 7846 Crossridge Road, stated she wanted to cover 3 points. First off, it seems twice in the recommendations they said the vee ditch should have additional draining or an additional vee ditch put in. The entire job is the second issue. Just dealing with the problems at hand now is definitely the solution. Her company teaches them to do the job right the first time. It was not done right the first time and it doesn't make any sense to do it wrong a second time. The people on the north end will have to disclose to future purchasers that the area is unstable. She urged the City Council to consider doing the whole job. This is a problem just waiting to happen and this opens the City to future problems with litigation. Lastly is the timing. We need to get decisions made and contractors in there to address this as quickly as possible. Jim Fart, 7762 Crossridge Road, indicated on his speaker slip that he did not wish to speak, but wanted comments entered into the record. '7have landscaping on myhill that will be completely removed by the work and would want compensation to replace the landscaping. I would greatlyprefer that the landscaping be replaced in kind by the City or ClT~ COUNCIL MINUTES VOLUME: 15 June 25, 1996 PAGE 301 subcontractor and not simply obtain a financial reimbursement and then have to landscape again myself.' Janine McCune stated an area of concern was that the City Council has a tremendous. financial burden. In the decision making process, the known areas of the first 6 houses; they request we take care of their problems now. The 6 houses have had water in their homes. Please just expedite this area now. It all needs to be addressed, but they can't go through another winter like this. Shelley Bergbower stated her concern was speaking at this type of a meeting. In order to understand the concerns expressed, she asked if a Councilmember could attend the neighborhood meetings. She encouraged someone from the Council to always attend the meeting. They are really hard on Mr. Thompson. Mayor Houston guaranteed her that this is really uncomfortable for the Council too. They rely on City Staff to relay the message. Cm. Howard stated she knew how they feel because she too had had mud coming in the back yard and into her pool. Mr. Thompson responded that the $700,000 does include the cost of the study. We will have to get rights of entry from all the people. Mayor Houston asked if this is their property or City property. Mr. Thompson stated they own fee title to the property. The City has an easement. With regard to certification, we will get certification from the Soils Engineer. The project will go to bid in about 2 weeks and it should take a couple of months to get the project done. The proposal is the $400,000 fix. Staff proposes to correct all the areas that have actually moved. Cm. Burton stated when the project was accepted, he asked if the code was followed at that time. He also asked when something like this has to be accepted as an act of God? Ms. Silver stated if no improvements had been made to the slope there wouldn't be any liability. Since improvements were made, there can be liability. Mr. Thompson stated if they missed something, this would be up to the courts to determine. Mayor Houston reminded the Council of the closed session on this topic and this is one of the things they will be looking at. Cm. Burton stated he felt uncomfortable with where they will come up with $400,000. CIT~ COUNCIL MINUTES VOLUME 1 $ RE(IULhR MEETIN(I June 25, 1996 PAGE 302 Mr. Ambrose stated funds designated for the more limited repair come from the General Fund. There will not be sufficient revenues in 199¢-97 to cover the differential between the $400,000 and $700,000 and we will have to find the money from other sources. The $400,000 comes out of general operating revenues and this is what is proposed for 1996~97. Cm. Moffatt felt if we did the whole thing it would take half a year to a year to do. If we do anything, we need to do it before the rains come. Mr. Thompson stated it would probably take them another month. We have to give the contractor the criteria to work within and he has to get the equipment up there. Mayor Houston pointed out that the areas are different ones. He asked about economies of doing it all at once. Mr. Thompson stated they would probably do all the earthwork with the same equipment and it might take one and one half times as long. Mayor Houston asked if the vee ditch is or isn't the Problem, and asked Mr. Thompson to elaborate on this. Mr. Thompson explained that it doesn't actually impact how much water gets past it. Cm. Moffatt commented he heard from the audience that there might be possible litigation. He asked how long this might take to get the necessary information. Mr. Thompson felt thOse involved would work with the City to resolve it as soon as possible. Mayor Houston asked about what type of information the City can give once this work is completed. This type of thing has to be disclosed forever. Mr. Thompson stated there will be a final soils report that will indicate what was done. They will certify to this. The City can say we've done an as-built at the end and say it was done to our plans and specifications. Ms. Silver stated it would be a matter of public record that the City has made repairs to the slope and done in accordance with the Engineer's Report. Janine McCuen asked if the $400,000 includes replacement costs for the landscaping of the 3 homes. Mr. Thompson stated yes it did. CITY' COUNCIL MINUTES VOLUM~ ~ 5 ~ULAR/~l~_~TIN~ June 25, 1996 PAGE 303 Ms. Bergbower asked if it will be graded at the same pitch, and if it could be more graduated. Mr. Skinner stated the finished slope will be cut steeper, but further from the house. He explained that you don't want to make it higher and this would be undesirable for other reasons. Ms. Bergbower referenced notes from the last meeting "is the vee ditch unstable". It has been sidestepped as to whether or not this was built to code. There are cracks that have huge weeds growing from the ditch. Mr. Thompson stated this was really two different issues. The downdrains were not built to code. Several further comments and/or questions and discussion took place by members speaking from their seats in the audience, rather than from the podium. Mayor Houston stated we are lucky that the budget allows any of this. He would like to see us do at least one phase right away. We are going to be biting the bullet to get it done this year and he doesn't know where we will get the money to do the whole thing. We can look at next years' budget as well. We should immediately get the first phase done and the second portion look at in the future and finance it over a two year period. He felt this was a reasonable solution and a way we can ease into it and accomplish the major goals right away. Cm. Burton asked if he was considering option #27 Mayor Houston stated he supported Staff's recommendation for the $400,000. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council accepted the report and directed Staff to complete the design documents and put the project out to bid. Plus, this should be a high priority item in the 1997~98 budget. RECESS At 8:53 p.m., Mayor Houston called for a short recess. present when the meeting reconvened. All Councilmembers were CIT~ COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 June 25, 1996 PAGE 304 PUBLIC HEARING TRUMARK HOMES PD REZONE 9:00 p.m. 6.1 (450-30) Mayor Houston opened the public hearing. Associate Planner Ram presented the Staff Report and advised that this proposal is for a Planned Development Rezone on 8.9 acres of land located west of Dougherty Road on the Southern Pacific Right~of~Way. The PD Rezone would change the zoning district from M- 1 (light industrial) to PD (residential) and would allow development of a 92 single~family subdivision at this location. Mark Maples stated he was just present to answer any questions on a very fiat site. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the CoUncil waived the reading and adopted ORDINANCE NO. 12 - 96 AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF PROPERTY LOCATED WESl OF DOUGHERTY ROAD ALONG THE SOUTHERN PACIFIC RIGHT-OF-WAY and adopted RESOLUTION NO. 68 - 96 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) RFTONING CONCERNING PA 96-014, IRUMARK HOMES PUBLIC HEARING FLOOD CONTROL ORDINANCE 9:02 p.m. 6.2 (550-20) Mayor Houston opened the public hearing. Building Official Petersen stated the current Flood Control Ordinance contains language of the state model ordinance that needs to be updated to comply with current minimum standards of the National Flood Insurance Program. This ordinance was introduced at the City Council's last meeting. After adoption of this ordinance, all property owners who will be affected by the new base flood elevations in Dublin will CITY' COUNCIL MINUTES VOLUME 15 RE{iULhR MEETIN(i June 25, 1996 PAGE 305 be notified. An informal meeting will be held at the City Council meeting of July 23, 1996, to hear citizen's concerns related to the new flood zone areas and to have questions answered by representatives of FEMA and Zone 7. The base flood elevation will then become the basis for the flood plain management measures that Dublin must adopt in order to remain qualified for participation in the National Insurance Program. FEMA will revise the Flood Insurance Rate Map to be effective January 1, 1997. Mr. Petersen advised that Staff has identified 21 $ properties that will be included in the revised FEMA designated special Flood Hazard Area and, therefore, will be subject to mandatory flood insurance. It has also been determined that 1 $ properties will be taken outside the Special Flood Hazard Area. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Barnes~ seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 13 - 96 AMENDING CHAPTER 7.24 OF THE DUBLIN MUNICIPAL CODE RELAIED I0 FLOOD CONTROL PUBLIC HEARING ADOPTION OF ANIMAL SHELTER FEES 9:03 p.m. 6.3 (500~20) Mayor Houston opened the public hearing. Assistant City Manager Rankin stated Alameda County and the Cities of Dublin, Livermore and Pleasanton have entered into an agreement to provide for sharing costs associated with the new East County Animal Shelter. The shared costs include both construction and ongoing operating costs. The ongoing operating costs are offset by revenue collected at the Shelter, and operation costs for each agency are based on the percentage of live animals brought to the shelter in the prior calendar year. Dublin's share will be equal to 15.54%. A proposed fee schedule provides dog owners who have proof of a current license, a $5 discount on: Redemption Fees, Surrender Fees, and Euthanasia Requests. Although state laws mandate licensing of dogs to provide a verification process aimed at preventing rabies outbreaks, not all dog owners license their pets. CITY' COUNCIL MINUTES VOLUME 15 REfiUL~R MEETIN~I June 25, 1996 PAGE 306 Mr. Rankin discussed the basis for changes, the proposed fee schedule and the impact on Animal Shelter operations as detailed in the Staff Report. Mr. Rankin stated since the fee changes need to be adopted by all of the agencies, it is proposed that the new fees will become effective 30 days from the date that action is taken on the proposal by the Alameda County Board of Supervisors. The County Staff intends to place the item before the Board of Supervisors once all of the City Councils have taken action on the item. Cm. Moffatt asked if unlicensed animals are taken in and the owner comes in and claims the dog if they have to get it licensed. Mr. Rankin stated yes. Cm. Moffatt asked if there are any laws saying you cannot bury an animal in your back yard. Mr. Ambrose stated Staff would have to look into this. Ms. Silver stated she didn't think there were any regulations that would prohibit this, unless it is a State Law. Cm. Burton commented about a second impounding in the same year being $140 and the euthanasia fees are only $$0. This is a lot of money for someone who has lost their dog. Mr. Rankin stated if a dog gets out a third time, this would be an intent to use gradual encouragement to gain compliance with the law. Cm. Moffatt commented it is a reality check. Mayor Houston stated Susan Ruxton, 1619 Calle Santiago, Pleasanton, had submitted written comments. "Adoption fees do not reflect amounts for rabies vaccinations or spay/neuter costs which are required as a consideration of adoption but paid directly to the veterinarian. Separate Issue Consideration: To address the control of animal over (cat/doff population, as a future cost savings potential. Mr. Rankin stated the management committee will be looking for alternatives to this. Cm. Barnes stated a member of her family just adopted a cat and they could not adopt it unless it was fixed. Mayor Houston closed the public hearing. ClT~ COUNCIL MINUTES VOLUME 15 RE(iULAR MEETIN(I June 25, 1996 PAGE 307 On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUIION NO. 69 - 96 ADOPTING A UNIFORM FEE SCHEDULE FOR THE EAST COUNTY ANIMAL SHELTER PUBLIC HEARING INCLUSIONARY ZONING ORDINANCE PA 9:12 p.m. 6.4 (430~20) Mayor Houston opened the public hearing. Associate Planner Huston stated the Dublin General Plan and Eastern Dublin Specific Plan require that the City adopt an Inclusionary Zoning Ordinance requiring a minimum percentage of the units in new residential projects to be affordable to lower and moderate income families. The proposed ordinance is the result of the direction provided by the Planning Commission and City Council at 2 joint study sessions held in February and March of this year. Staff checked into legal repercussions and City Attorney Silver stipulated there are no restraints. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Moffatt indicated he would like to see this reconsidered and put back to 30 years instead of 20 years. Since most mortgages are geared toward 30 years, we should go with the flow and not create more problems. Mayor Houston stated regarding financing, 30 and 15 year mortgages are very popular. Seconds must be at least 5 years in duration. Anything over 5 years is acceptable with all institutional lenders. Institutions do not force 30 year notes. Cm. Burton felt they would not be prevented from obtaining a 30 year mortgage. Mayor Houston stated there are a variety of things that you can do. You can set the payments for whatever amortization period you wish. Cm. Barnes stated she would go along with the 30 years. Cm. Howard felt she also would like to see 30 years. CIT~ COUNCIL MINIr~ VOLU~E ~ 5 RE6UL~R MEETIN6 June 25, 1 ~ PAGE 308 Cm. Burton clarified that they are not setting the loan. They are just monitoring it. Cm. Moffatt asked who monitors it after 20 years. Mayor Houston stated if they don't pay, we would have to do something. It's set the first year. Cm. Barnes stated the people qualify once and we don't throw them out even if they win the lottery. When buying this doesn't apply, but it does for rentals. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council waived the reading and re~introduced the ordinance with changes made on Page 3 "Life of the Inclusionary Unit: A 30 year period...", Page 5, D., "Inclusionary Units shall remain affordable for thirty years. Deed restrictions..." A second reading of the ordinance was scheduled for the July 9 City Council meeting. Mayor Houston and Cm. Burton voted NO on this motion. PUBLIC HEARING LOCAL REGULATION OF FIREARMS DEALERS 9:22 p.m. 6.5 (585-80) Mayor Houston opened the public hearing. City Attorney Silver advised that at the June I 1, 1996 City Council meeting, the Council directed Staff to prepare a draft ordinance to: 1) require a Conditional Use Permit for firearms sales in residential districts; and 2) require all persons engaged in firearms sales to obtain a permit from the Chief of Police. Ms. Silver explained that the first ordinance would amend the Zoning Ordinance to define "firearm sales" and to require a CUP in all residential districts for firearms sales. The draft ordinance is modeled from the City of Lafayette's ordinance. She noted that the definition of "firearm sales" does not include explosive material used in the manufacture of ammunition. Because a CUP runs with the land, the Planning Commission may wish, during consideration, to restrict the length of time the permit would be valid. One condition which should be included in a CUP would be that all other licenses and permits must be obtained. Persons presently selling firearms in residential districts would not need a CUP until they have to renew their business licenses. At that time, a CUP will be required by Dublin Municipal Code Section 4.04.270 F, which requires all appropriate permits from the City as a requirement for renewal of a business license. ClT~ COUNCIL MINUTES VOLUME 15 RE6UL.dtR MEETIN6 June 25, 1996 PAGE 309 Ms. Silver stated no notice is given to neighbors when a person applies for a home occupation permit. A CUP would require notice to all property owners within 300'. The proposed ordinance is an amendment to the Zoning Ordinance and it must first be considered by the Planning Commission before the Council can act on it. Ms. Silver stated the second draft ordinance would require persons selling firearms at retail to obtain a permit from the Chief of Police. This ordinance, which is also patterned after the Lafayette ordinance, would establish the Chief of Police as the duly constituted permitting authority with control over the issuance, denial, and renewal of permits to engage in the business of firearms sales. Among the conditions included is one requiring certain minimum security storage provisions. Section 12071 of the Penal Code requires that when a local permitting procedure has been adopted, the duly constituted permitting authority must accept all applications for permits. While the issuance of permits is not explicitly made mandatory upon compliance with certain criteria, the Police Chief must set forth in writing to the applicant, all of the reasons supporting denial of an application for a permit. The ordinance establishes a hearing procedure with the right of appeal to the City Manager for applicants or permittees wishing to contest denial or revocation of their permit. In summary, Ms. Silver stated the ordinance requires that the Police Chief charge a fee for the processing of permit applications under this ordinance. A resolution amending the fee resolution can be considered by the Council at the time of the second reading of the firearms sales ordinance. In order to comply with noticing requirements related to fees, she suggested that if the ordinance is introduced, it be brought back to the July 23 City Council meeting for adoption. Cm. Burton stated we already have a law that prevents the storage and we already have laws that keep them from being in a residential area. Have we estimated how much time it will take to process and follow through on these ordinances? Ms. Silver stated they have not yet estimated time to process a permit. Mr. Rankin responded regarding current permits required. By having a separate permit it would make it very clear that they are a gun dealer. The business license doesn't get into a lot of detail and having this on the form would be helpful. Cm. Moffatt stated he would be willing to make a compromise and say residential sales require a permit and send it to the Planning Commission. A resident of Dublin, Eric Neartez 8151 Vomac Court stated he also attended the last meeting. He once had a shotgun pointed at his head and the trigger pulled. It was CIT~ COUNCIL MINUTES VOLUME 15 RE(iULAR MEETIN(i June 25, 1996 PAGE 310 empty and it was a frightening experience. This criminal was going to do what he wanted regardless. He believes what we are looking at is just the beginning of a lot of trips back here for him. We seem to be regulating gun dealers that don't exist. We're only talking about one gun shop that's perfectly legal that has two of the permits and one gunsmith. As a citizen he did not understand why we are spending time and money on this, when it really isn't an issue. Before November he didn't own a gun. They are talking about fundamental rights here which are enumerated in the Constitution; the right to keep and bear arms. He distributed information to the City Council and City Attorney. (No copy was given to the City Clerk.) He is a businessman that has 8 people working for him and a wife and 2 kids and stated he has more important things to do than come here. We're trying to trample on rights. He referenced the distributed document and stated the ultimate goal is banning handguns. The City Council is setting the stage for this. Honest, law abiding citizens are not the problem here. This would be the first step in this direction. He realized that the City Council has peer groups that are putting on pressure. He stated a quote by Adolph Hitler made in 1950. All the bans on drugs have never stopped them in this Country. Hitler, Stalin and the British all confiscated guns and he doesn't want to see this repeated in this Country. Gary Cain, 7423 Amador Valley Boulevard stated he is one of the partners in the only gun shop that will be affected. Safety or gun regulation was the issue at the last meeting. He reported on statistics related to gun deaths, auto deaths and malpractice deaths by doctors. Security measures are the only thing that will impact them. Their security measures are very strict, but they don't meet the City's requirements. Some of the points in the ordinance are kind of silly. Nobody may store firearms away from their business. They are a Class 3 dealer and they have to know all the legal stuff. Cm. Moffatt stated he is not proposing gun restriction but only making residential sales meet the same standards they are doing now. He asked how he would suggest changes. Mr. Cain stated he is not an attorney so he does not know. Cm. Barnes suggested that the City Council consider the issue before them. Bill DenHartog, with NRA stated he got a copy of the proposed ordinance this morning and he was confused. For a CUP, he asked if they would have to get a permit or Federal Firearms license? Ms. Silver stated {hey would have to get a CUP. The definition includes the transfer of firearm or ammunition. If a Federal license is required, they would have to get one if that is required. CITY* COUNCIL MINUTF. S ~OLUME 15 RE6ULa~R MEETIN6 June 25, 100~ PAGE 311 He stated he thought she was redefining firearms to include ammunition. What about nail guns7 People selling those would have to go out and get a federal firearms license because we have redefined it. Ms. Silver stated the definition was "which throws or projects a bullet..." Mayor Houston asked for the state or federal definition. Mr. DenHartog submitted 1994 firearms laws to Ms. Silver. Mr. Ambrose stated a CUP only applies to residential areas. Mr. DenHartog felt security requirements would pose more of a hazard than security to the building. If the Chief of Police has discretion, you could have different people with different opinions if someone new came on board. This section should be stricken. Carl Wassinger, a Dublin resident for 28 years, pointed out he felt restrictive laws don't really work. There's already a bushel of laws. Where have they ever worked? New York and Washington D.C., have the highest crime rates. We don't have a crime problem here. Gun laws just don't work. He did not see the need for this. Mayor Houston closed the public hearing. Cm. Moffatt stated he did not feel this is a control of guns. It would essentially have the individuals who sell guns over the kitchen table have the same regulations as a gun shop. This means security, how you handle them and going through all the hoops. This is not restriction of selling any guns. He would be happy to just indicate that this City would prohibit the sale of guns in a residential area, or just restrict gun sales to retail outlets. The people who work in the stores are experts and they know what it is all about and this is a better way to handle the sale of guns. Cm. Burton stated they can't do it legally as a home occupation in Dublin now. They can't effectively be a dealer. Cm. Moffatt just made a statement that gun sales cannot occur in residential areas. Cm. Barnes read the motion from the last meeting. It's not taking anything away with regard to anyone's rights. She referenced the document given to the Council and stated she does not need $O pages telling them what they're doing. She felt Ms. Silver did a fantastic job and she did what the City Council told her to do. Anybody selling firearms from a residential area has to get a permit. She did not care that we don't have any today; we may have them tomorrow. CITir COUNCIL MINUTES VOLUME 15 Rt!{iULAR MIlETIN(i June 25, 1996 PAGE 312 Mayor Houston stated the City Council did not direct a change in the definition. On Page I we should look at the State's definition. On Page £, he thought it was common knowledge that it is already illegal to lease a firearm or rent one. The conditions of approval are the current regulations and we are adding those 2 additional requirements. On Page 4, the City Council did not direct that it be made so difficult or onerous that it would prevent people from being able to comply. He would like to know the state and federal requirements for security. This is the most onerous portion. This is saying we will never have it. People won't redesign the whole building to comply. All the other requirements are great. We're not that far off, but we need to get the definitions very clear and see what currently exists. Ms. Silver responded that Section 4.36.070 requirements are optional for a city under 50,000 and these are the requirements in the state law. She would have to check the federal law. The duration of the police permit by state law is one year. It has to be renewed every year. The ordinance provides for this. She will have to look into the leasing issue and also check the state and federal definitions of firearms. Mayor Houston felt they were not that far off, but it should be brought back. Cm. Moffatt asked if this material could be sent to the Planning Commission to review .along with the definitions. Mayor Houston felt it should come back to the City Council first. It could then go to the Planning .Commission once the questions are answered. Cm. Barnes felt they were just asking for clarification on the definitions. She would prefer to just get direction rather than voting at this time. Mayor Houston summarized that the definitions should come back; Staff should look into the minor issue of leasing to just clean it up, and for the secured facility he would like to see the state and federal regulations. Cm. Burton felt we needed to clarify home occupation and what they will do to store the merchandise. Mayor Houston asked if you can't store it, how is business transacted? Gary Cain stated according to state and federal law, the merchandise must be stored on the premises of the actual license holder. Cm. Burton asked if we have a regulation that you can't do something, but we're going to allow it under a CUP, how do we handle this? CITY' COUNCIL MINUTES VOLUME 15 RE6UI.&R MEETIN6 June 25, 1996 PAGE 313 Ms. Silver stated it doesn't make sense to require a CUP if no one can conduct the sales of firearms as a home occupation. She believed that one cannot now legally operate in Dublin in a residential neighborhood. Cm. Moffatt stated this was whY he suggested a prohibition of sales in a residential area. Cm. Barnes then questioned the list of 11 names that show gun dealers operating in. residential areas of Dublin. A member of the audience stated they have a 1996 list and the City's information is wrong. Cm. Burton stated he would support definitions and clarifications. Ms. Silver requested that this be continued to the second July meeting. Mayor Houston stated the public hearing was continued to July 23, 1996. MEDIAN AND ROADSIDE WEED MAINTENANCE 10:18 p.m. 7.2 (820-20) 'Public Works Director Thompson reported that on May 28, the City Council directed Staff to report back on the status of weed maintenance in the street roadside areas and medians as there appeared to be an unusually large amount of weeds lately. The weeds appearing from the late rains have now been removed. Mr. Thompson stated additional projects have been included in the Capital Improvement Program to landscape or re-landscape several street areas in the City. These projects will be reviewed as part of the budget review on Thursday evening. Cm. Howard commented on San Ramon Road between West Vomac and the old Lucky's store going north. She asked if it would be possible to clean up the areas where the trees are on the east side. There seems to be garbage collectors around the bushes. Steve Loweree stated MCE typically picks up litter there once a week. It fluctuates by season, and sometimes it's more often. Mr. Ambrose stated everybody got hit by the weather this year and the rains in May. Staff will get it cleaned up. Cm. HoWard asked what happened to the Dublin sign near Alcosta. CITY' COUNCIL MINUTES VOLUME 15 RE(IULAR MEET1N(I June 25, 1996 PAGE 314 Mr. Thompson stated a car hit it and it will be replaced. Cm. Barnes thanked City Staff for paying attention and stated she appreciated that Staff checked Pleasanton too. Cm. Burton suggested that we make a list of things like this such as picking up trash because we have Scouts who want to do civic projects. They could take care of a certain stretch for a few months and they could get credit for this. Steve Loweree stated this type of a list has been in effect for $ or 4 years now. It has been updated this year. Perhaps they could make it more widely known. CTV OPERATING SUBSIDY 10:25 p.m. 8.1 (1050-50) Administrative Assistant Honse stated during the Fiscal Year 1994~95 budget deliberations, the City Council questioned whether the City should be involved in the funding of CTV. The City Council has consistently expressed the sentiment that CTV should rely less on City funding and more on self funding. CTV has been encouraged to seek outside funding and to anticipate that at some time in the future, the City will discontinue providing an operating subsidy. Mr. Honse reviewed CTV's response as detailed in the Staff Report. CTV has sought and obtained funding from other sources. These monies have been used to enhance and underwrite additional programming. The Board has stated that it has a continuing interest in seeking funding to underwrite local programming. Claudia McCormick, one of Dublin's representatives on the CTV Board, reiterated what Staff has said; they do need Dublin's full partnership to make this viable. They wanted this on the agenda to consider a more realistic look at where they are. They will be asking for help and a subsidy for they don't know how long. CTV Staff has been very aggressive in obtaining underwriters for programming. This can't be guaranteed, however. She asked that the City relook at their statement to make it more realistic. Cm. Moffatt asked if there was a problem asking for a budget. Ms. McCormick stated no, she could bring one on Thursday. Cm. Burton pointed out that the option of them going out of business would leave this area without a local station. Cm. Howard agreed that if we want to have our meetings televised, we have to have a station to televise them. We can't keep threatening to phase out their funding. CITY' COUNCIL MINUTES VOLUME 15 RE~iUL/ttR MEETIN~I June 25, 1996 PAGE 315 Mayor Houston stated this had been an issue with him since 1992. There has been no willingness to provide him with a plan and some sensitivity that funding may not always be here. It is in the best interest of CTV to look at options and he felt the recommendation would be on Thursday to fund the full amount. They should know that someday the City may have to look at other options. He did not care even if it is a 10 year plan rather than having them come every year and say they can't do it. He never intended to just cut them off in one fiscal year. Ms. McCormick stated the. Board is sensitive to this. They are aware that the City money will not be there indefinitely. They do need more time though without being pressured. Mayor Houston requested that they keep the City updated and informed of their activities. Cm. Howard stated they were working on fundraising when she was on the Board. It's difficult working with 4 cities. Cm. Barnes stated she would like to know what's going on. Patterning ourselves after KQED is a good idea. Let's develop a plan. The volunteers are out there. We can do fundraising, but we've got to talk about it. We only seem to talk about this at budget time. We need to keeP the quality up. This is important 12 months of the year. Cm. Moffatt asked what they envision with the new ownership. Ms. McCormick stated this is an unknown. Darla Stevens stated TCI has already been given the go ahead. They don't know the impacts yet. Steve Honse stated there is an existing franchise agreement that has a time to run yet. We may be able to revisit this issue when the franchise expires which he thought was a couple of years down the road. Mr. Rankin stated we are just beginning to see the brink of other technologies and people are starting to pick up on some of the other alternatives so there may be less money to go around in the future. Viacom is seeing this in their revenues. Mayor Houston clarified that the City Council is not interested in pulling the plug, but wants more information. Ms. McCormiCk asked about changing the menu option. CITY' COUNCIL MINUTES ~rOLUME 15 RE6UL~R MEETIN(i June 25, 199(; PAGE 31 ¢ Mr. Honse clarified that this was not part of the stated goal. It was just an idea that was suggested in the past. On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to delete the menu options portion from the goal but still retain the long term goal to phase out funding. Mayor Houston stated they just want to see a plan. As part of his motion, Mayor Houston requested that a letter be sent clarifying our position that we are not considering menu options for the base, but still retain the goal of phasing out the City's subsidy in the future. Cm. Howard suggested that it might be helpful to have someone occasionally attend the City Council meetings and give a report. REVIEW OF SERVICES AND NEW AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES (BUDGET AND RATES) 10:45 p.m. 8.2 (830~60/600~30) Public Works Director Thompson stated MCE Corporation has provided maintenance services to the City of Dublin since 1984. Those services which are provided include: Bike Path Maintenance; Building Management and Maintenance; Curb, Gutter and Sidewalk (Emergency or Temporary Repair); Drainage Maintenance; Guardrail Repair; Park Maintenance; Sign Installation, Repair and Maintenance; Spill Cleanup; Storm Patrol/Cleanup; Street Landscaping Maintenance; Street Repair (Emergency or Temporary Repair); Street Tree Maintenance; Striping and Marking (Emergency Replacement); and Weed Abatement. Mr. Thompson explained that the current 3-year contract with MCE expires in June of 1996. MCE is not proposing any labor rate changes for 1996~97. There is a 5% increase proposed for pickup and flatbed vehicle rates for the Dublin crew, which will affect the cost of services to the City. Equipment rates are also proposed to change (both up and down) for the regular MCE crew, which infrequently provides asphalt or concrete work for the City. While the vehicle rate increase is projected to cost $5,400 over the course of the year, holding the labor rate constant is expected to save $13,200, if compared to a normal 2.5% cost of living increase. MCE is also proposing to make staffing changes with a net effect resulting is savings of $23,000. Subcontracts were rebid for 1996-97 and the net effect is a savings of $41,950. Mr. Thompson stated the overall budget for 1996~97 is projected to be $946,550, which represents a reduction of $45,582 from the 1995~96 budget, or a savings of $70,220 from projected 1995-96 expenditures. CITY' COUNCIL MINUTES VOLUblt~ 15 Ri~IULAR MF~TIN~ June 25, 1996 PAGE 317 In summary, Mr. Thompson stated MCE Corporation has shown a consistent standard of excellence in performance and safety, as well as concern for the fiscal interests of the City. Cm. Burton asked about the leak repair in the Civic Center. Mr. Ambrose stated the worse ones were over on the Police side. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 70- 96 APPROVING AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES Cm. Burton congratulated MCE for always responding well when needed. TRI-VALLEY'CONVENTION AND VISITORS BUREAU (CVB) I0:49 p.m. 8.3 (470-50) Economic Development Manager Reuel presented the Staff Report and stated Pleasanton and Livermore are funding the newly established Tri-Valley Convention and Visitors Bureau, and are requesting $9,000 from Dublin as part of their $295,650 budget for Fiscal Year 1996-97, CVB hopes to consolidate resources of the Valley's cities into a focused marketing plan that will benefit each of the participating cities via increased convention activities and tourist trade. Staff anticipates that the $9,000 membership fee could potentially double or triple in subsequent years. Mr. Reuel explained that Dublin has seen an increase over the last few years in occupancy at the Dublin Park Hotel. Current occupancy is approximately 60%, following the same trend as other Tri-Valley hotels (high bookings during the week and lower weekend bookings). Mr. Reuel explained several questions to which Dublin answered no. These were: "Is Dublin a tourist attraction city? A destination resort city? Why should Dublin invest in a CVB if we lack large indoor convention space, golf courses, wineries and other tourist attractions.'?" It is reasonable to expect a percentage of new conventioneer/ tourist dollars being spent at Dublin restaurants, theaters, general merchandising stores and specialty amusement businesses such as Q~Zar, Dublin Bowl and Dublin Iceland. Also, the CVB bylaws preclude the majority of Dublin companies from joining the bureau unless the City joins. Management of the Dublin Park Hotel have committed to CITY' COUNCIL MINUTES V~OLUME 15 RE6UL~R MEETIN6 June 25, 1996 PAGE 318 joining the CVB if the City becomes a member. They forecast a 5 ~ 10% increase in occupancy if they can join the CVB and receive the sales leads generated by the bureau. Major renovations are being contemplated for the Dublin Park Hotel including management by a new operator. Membership in the CVB is extremely important in the business plan of the new operator for the hotel. Mr. Reuel suggested that the City Council review the merits of joining the Tri~Valley CVB and provide appropriate direction to Staff. He pointed out that the City Manager has not recommended this item for funding in the Preliminary 1996-97 Budget. Should the City Council decide to join, Staff recommended joining with membership fees based on a percentage of TOT as outlined in the Staff Report and that the City be represented on the Tri-Valley CVB Board of Directors with a non~voting Staff member similar to pleasanton and Livermore. Lisa Dial, Executive Director, stated one of the trickiest things is to measure their effectiveness. They can measure leads generated and booked by hotels. They reach 16,000 meeting and market planners to acquaint them with what our destination has to offer. They work hard to bring business in on the weekends. They would welcome the opportunity to represent Dublin. She stated she is a Dublin resident and she enjoys promoting this City. Cm. Burton asked how much BART will impact opportunities. Ms. Dial stated BART's impact will be significant. We become more viable. Cm. Burton asked who the other businesses in Dublin were that would want to join. Ms. Dial responded restaurants, community centers, playing fields, and hotels. Mr. Reuel stated the budget has been accepted by Pleasanton and Livermore and they are proceeding with or without Dublin. The $9,000 would be for one year. Ms. Dial stated if they are doing the business they need to do, as a non~profit they get continued funding. They create a number of destination brochures. They are very proactive because they are not a resort destination. They would also have seats on the board for a Dublin resident as a voting member. They have 15 voting positions available. Cm. Burton felt we should join in to see for one year if it works. If we join, our businesses can then join. Mayor Houston felt it would be appropriate to take this up on Thursday with the budget hearing. He would like to see the collateral they now have. CIT~ COUNCIL MINUTES VOLUME 15 RE(IULAR MEETIN~i June 25, 1996 PAGE $19 Ms. Dial stated she could put together mock ups as they have delayed printing until July. The consensus of City Council was to revisit this on Thursday during the Budget deliberations. OTHER BUSINESS 11:09 p.m. Groundbreaking for New Gymnasium (280-30) Mr. Ambrose advised the Council that the Valley High Gymnasium groundbreaking will be held on July 17. New Animal Shelter (500-10) Mr. Ambrose advised that Alameda County has informed us that they would like to have a 4 agency ceremony at the Animal Shelter. Three tentative dates were given; July 29, August 1 and August 5. Fire Services (540-10) Mr. Ambrose updated the Council on the fire services situation. The San Ramon City Council is making a decision tonight. The Public Safety committee recommended that DRFA be the provider for all of San Ramon City/Chamber Sponsorship of Horse Race at Fair (610-05) Cm. Moffatt referenced a letter from the Chamber of Commerce asking the City to sponsor the horse race on Dublin Day on Friday at the Alameda County Fair. Mr. Ambrose stated it is budgeted so it's a matter of whether the Mayor can be in attendance. Cm. Barnes stated the races start at 3 p.m. on Friday. CIT'Ir COUNCIL MINUTES I/OLUME 15 RE6ULAR MEETIN6 June 25, 19913 PAGE 320 Policy on City Hosted Events (610~20) Cm. Barnes stated we have, without a doubt, the most beautiful site to host meetings here at the Civic Center. In addition, we have excellent caterers in our City. In the future, we should always meet here. Mayor Houston agreed that we hosted without a doubt the most disastrous meeting of the Tri~Valley Council on June 19 at the Frankie, Johnnie & Luigi, Too! restaurant. Cm. Howard suggested we send letters of apology to everyone who attended. Mayor Houston felt we shouldn't bring further attention to the situation, but rather just let it die. Recycling at Arroyo Vista (810-60) Cm. Barnes asked what the City could do about getting a couple of garbage dumpsters at Arroyo Vista for this Saturday? Mr. Ambrose stated the multi-family areas do not participate in the special pickups. Mayor Houston stated he would call Livermore Dublin Disposal tomorrow because Arroyo Vista seems to fall between the cracks. Mr. Ambrose stated Staff could check on this. LDD may do it and it gets spread to ratepayers or it gets taken from the General Fund. Cm. Barnes stated they are having a super cleanup day and have been running into a brick wall in trying to get them. She asked if we have an abundance of any of the old green bags left? Mr. Rankin stated Oakland Scavenger still uses them in other areas. Cm. Moffatt suggested asking DRFA for a supply of trash bags. Mr. Ambrose stated he would check on this. It's short notice. Cm. Moffatt asked if we could do something to get them included with our 3 free trash pickups each year. Mr. Ambrose stated they are treated as a commercial account right now. We would have to work something out with LDD to accommodate this. CITY' COUNCIL MINUTES ¥OLUME 15 RE6UL~R MEETIN6 June 25, 1996 PAGE 321 Cm. Burton stated he thought we had $300 in the surplus account. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:22 p.m. ATTEST: Mayor City Clerk ClT~ COUNCIL MINUTES V~OLUME 15 RE~iULAR MEETIN~i June 25, 1996 PAGE 322