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HomeMy WebLinkAbout09-17-1996 CC Adopted MinutesREGULAR MEETING ~ September 17, 1996 A regular meeting of the Dublin City Council was held on Tuesday, September 17, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Moffatt and Mayor Houston. Councilmember Barnes PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION 7:02 p.m. 3.1 (610~50) Mayor Houston read a proclamation declaring the week of September 17-23, 1996 "Constitution Week" and urged all citizens to reflect on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship. Since no one was present to receive the Proclamation, Mayor Houston requested that the City Clerk mail it to the requester. Youth Programs (610~05) 7:03 p.m. Mr. Anthony Del Conte, an 83 year old Dublin resident stated he is very disappointed with where our Country is going. We didn't have the problems we have today during depression time. It was a breeze. The problem is we are tying the hands of our children until they are 18. We shouldn't call them kids; kids are goats. We should pay attention to what children like to do when they are young. Retirement age should still be $ 5. With people retiring later and later, when will kids get a chance? Even our communities could put our 16 year olds to work mowing the parks. They were the ones who used to build the parks. Our wages have gone up so sky high you can't do anything. Labor is too darn high. Mayor Houston asked if he had ideas of what we can do in Dublin. CITY' COUNCIL MINUTF. S ~/OLUME 15 REGULAR MEETING September 17, 1996 PAGE 440 Mr. Del Conte responded yes, we should have some policeman go to the schools. He remembers when Officer Bates went out to schools and helped form car clubs so they could get in groups and not be tempted to join gangs. Right now, they go home and they can't go to work until they are 18, so what do they do? We have to get them started on what they like. He has only a sixth grade education but did very well in his profession. Our boys and girls would love to go out and work. Get them going; get them working out in the fields. They get their learnings from school. There's no one home so how do we expect them to learn. Mom has to get them up to go to school and then she's tired from working like everyone else. How is she supposed to teach them anything? Mayor Houston mentioned a later agenda item of adding a bicycle patrol officer and suggested that this might address some of Mr. Del Conte's concerns. CONSENT CALENDAR 7:10 p.m. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm. Barnes absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 3, 1996; Authorized (4.2 600~30) Staff to advertise Contract 96~07 Mape Memorial Park Renovations for bids; Received (4.3 590~40) a report on the Village Parkway/Wineberry Way Intersection; Adopted (4.4 720~40) RESOLUTION NO. 110 - 96 AMENDING THE BENEFIT PLAN (DENTAL RATES) Accepted (4.5 150~70) a gift of $63.75 from the Valley Volunteer Center representing the balance of pledges received by walkers in the Human Race to be used at the Dublin Senior Center; Authorized (4.6 810-60) of payment, not to exceed $1,000, to LDD to update the labels on multi-family recycling bins and approved the Budget Change Form; Authorized (4.8 660-40) the Mayor to send a letter in support of AB 2797 (Aquiar) allowing local agencies to retain growth on Property Tax Education Revenue Augmentation Funds beginning in 1997~98; CITY~ COUNCIL MINUTES ¥OLUME 15 REGULAR MEETING September 17, 1996 PAGE 441 Approved (4.9 330-50) Budget Changes for Fiscal Year 1995-96 and directed Staff to record the items in the Final Financial Report; Approved (4.10 300-40) the Warrant Register in the amount of $199,946.05. Cm. Moffatt pulled Item 4. 7 from the Consent Calendar for discussion and stated a great concern is that every year or so the Hansen Ranch people come back and want an amendment to theirplan. This time they want to start selling houses before there is any creek work do. ne or hiking trail or access road We have been working with these people since about 195~ and it is now 1~? and they are still wanting changes made. He stated he felt this was the last straw. Community Development Director Peabody explained compelling reasons why the creek and trail improvements have not been done. Now that units are under construction, Staff feels they can complete these requirements by next year and then they can proceed a_bead for phase I and 21 units off Inspiration, but there won't be further approval until the improvements are in. There have been some problems with delays to the creek with actual alignmen6 etc, and City Council consideration for change. Mr. Peabody stated no work can be done between October 15 and April 15 without permission ofFish ~ Game and if there are extenuating circumstances~ they could lose the whole season forgetting in and getting the work done. He assured the Council that this would not lessen the requirements. Cm. Moffatt stated they could build the first phase and sell them and then we have people there and then they will complain about the work not done on the creek and the trail and road This will cause a big hassle. Mr. Peabody stated we will require them to fence off the open space and creek areas but they sign it regarding future improvements and notify all homeowners that next spring there will be future construction occurring no later than October of 1937. It's important that they notice future homeowners with regard to what is planned Cm. Burton stated he felt these people have taken their share of setbacks over the last few years and we haven't had anygood buildings going up in town for quite sometime. Cm. Howard asked if any of the first phase of houses would be impacted by the upgrades. Mr. Peabody stated yes they will~ but the creek will be fenced off and they will be able to view what's going to happen in the sales office. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote (Cm. Barnes absent and Cm. Moffatt opposed) the Council adopted (4.7 600-60) CITY' COUNCIL VOLUME 1 REGULAR MEETING September q 7, q 996 PAGE 442 RESOLUTION NO. 111 - 96 APPROVING PA 96-035 AMENDMENT TO PA 91-099 HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AMENDMENT REQUEST FOR WAIVER OF USE FEES FOR THE DUBLIN CIVIC CENTER BY THE LEAGUE OF WOMEN VOTERS & WOMEN'S CLUB OF DUBLIN 7:19 p.m. 5.1 (200-20) Parks & Community Services Director Lowart presented the Staff Report and advised that the League of Women Voters of Livermore-Amador Valley and the Women's Club of Dublin have. requested that the fees be waived for the use of the Dublin Civic Center Council Chambers. They wish to hold candidate forums for the November elections for the office of Mayor and Councilmembers (October 3), the Dublin School District Board of Directors (October 9) and the DSRSD Board of Directors (October 17). Ms. Ix>wart discussed the fee structure and stated if the City were to charge, the revenue generated would range from $180 to $270. In addition to the fees charged, a $200 refundable Security Deposit is required and groups must provide evidence of. liability insurance covering bodily injury and property damage at a minimum limit of $500,000 per occurrence. Ms. Lowart advised that City facilities were used for candidate forums in 1992 and fees were assessed for each of the three forums held. Cm. Howard stated she would abstain as she is an officer of the Women's Club. Cm. Burton stated he felt the League of Women Voters has always been there to get some audience and some press and he felt this is a great way to recognize their contribution to the community. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Barnes absent and Cm. Howard abstain), the Council agreed to waive the fee for the use of the Council Chambers for the 3 candidate forums, and required the Security Deposit. CITY' COUNCIL MINUTES VOLUME 15 REGULAR MEETING September 17, 1996 PAGE 443 LETrER FROM BOB FASULKEY REQUESTING THAT THE CITY INVESTIGATE PARTICIPATION IN THE DUBLIN UNIFIED SCHOOL DISTRICT FIBER OPTICS PROJECT 7:22 p.m. 5.2 (1010~10) Administrative Assistant House presented the Staff Report. DUSD has expressed its intention to construct a fiber optics network to create high speed interactive communication links between its facilities. Dublin resident Bob Fasulkey has requested that the City Council direct Staff to investigate the possibility of City participation in the project. Mr. House discussed the cost and potential benefits. In conclusion, it was felt that at the present time, any benefit that could be derived by constructing a citywide fiber optics network would be marginal. At this time, these marginal benefits would not justify the expenditure of $90,000 to $100,000 and the ongoing maintenance responsibilities that would be required to participate in the DUSD project. Mr. Honse pointed out that the City may have rights to access the future TCI fiber optics network, scheduled for completion in December of 1997, per the existing franchise agreement. It is possible that those rights could be expanded, if necessary, when the current franchise agreement expires in 2001. Cm. Burton clarified that maybe we will have the option later on to lease from TCI. Mr. House stated they indicated to him that they would be pleased to lease it to us if we have a need in the future. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, (Cm. Barnes absent), the Council accepted the report. PUBLIC HEARING - FORMATION OF LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) AND LEVY OF ASSESSMENTS 7:28 p.m. 6.1 (360~20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this assessment district would fund the maintenance of public landscape improvements in the County's Santa Rita Development Area. At this time, the Surplus Property Authority is the only property owner within the proposed area of assessment. As various properties are sold and developed, the new property owners would be assessed according to the formula set forth in the Engineer's Report. CITY' COUNCIL MINUTF~ Y'OLUME 15 REGULAR MEETING September 17, 1996 PAGE 444 Mr. Thompson stated the estimated assessment for the 1997~98 fiscal year is $39,411, or $460.40 per acre, based on 85.6 acres anticipated to be developed at that time. The ultimate assessment at buildout is estimated to be $317,756, or $710 per acre, based on 447.6 acres, and based on 1996~97 unit costs. Mr. Thompson explained that the Engineer's Report further specifies that the maximum developed acre assessment will be increased annually by the percentage of increase of the Consumer Price Index (San Francisco Bay Area Urban Wage Earners), insofar as non-utility costs are concerned. Any actual increase in utility costs will also be passed on to the properties directly as part of the assessment. The Engineer's Report proposed a formula for calculating the assessment at buildout of the Santa Rita property. As such, once the initial assessment is levied, it will merely be necessary for the Council to annually determine the amount of the assessment by applying the formula. Mr. Thompson advised that this is the first of two required public hearings. Cm. Burton stated two items were on the agenda which are related, and asked how this is going to be any different than the resolution coming from the election. Ms. Silver stated Proposition 218 would add a new article to the State Constitution for requirements to leW annual assessments. Right now we must comply with the 1972 Act and we also have to comply with procedural requirements of the Brown Act related to public hearings and public meetings before we can take action on a proposed assessment district. Proposition 218 would add a third layer of requirements for certain types of assessments. The Surplus Property Owners have submitted a petition to the City requesting the formation and lewing of assessments. If Proposition 218 passes, the City Council will not have to follow this third level each year when it levies the assessments. The second item later on the agenda relates to an agreement for deed assessments. Cm. Burton stated he recently got a check from EBMUD. Ms. Silver stated this was a tax imposed by EBMUD. She discussed the requirements of the Santa Clara case last fall. What she surmised from the check she received was that EBMUD voluntarily refunded this amount because it was not approved by a majority of the voters. Cm. Burton stated they will be putting it in the water rates. Mr. Ambrose stated unlike the maintenance assessment districts requested by certain property owners in the past, this assessment district is structured such that any cost escalation is automatically built in. The formula is there and all the City Council has (IIT'lr COUNCIL MINUTES V~OLUME 15 REGULAR MEETING September 17, 1996 PAGE 445 to do is levy it. This is a different approach from what we do now. This one is structured in by formula. The actual cost increases in water rates will be passed on as well as CPI for the other maintenance costs. Cm. Moffatt stated there is a cap of $ 700 per acre and he asked if this includes any water rate increases, or the CPI. Mr. Thompson stated it is based on what we feel the total buildout of the area will be. Each year, the assessment would go up by the CPI plus direct pass through on water rates. Cm. Moffatt asked if the $710 figure is a cap. Mr. Thompson stated this would be this year's cap. Each year it could go up based on the CPI. No testimony was given by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous vote (Cm. Barnes absent), the Council continued the public hearing to October 1, 19913. PUBLIC HEARING PROPOSED EXPENDITURE OF FEDERAL GRANT MONEY REGARDING CITIZENS OPTION FOR PUBLIC SAFETY (COPS) 7:39 p.m. 6.2 (580-40) Mayor Houston opened the public hearing. Police Chief Rose presented the Staff Report and advised that under the COPS Program, the City of Dublin will receive a funding allocation of approximately $61,136 for Fiscal Year 1996~97 to supplement front line municipal police services. Chief Rose explained that implementing a new deputy position as Crime Prevention Officer would provide services: 1) additional bike patrol; 2) expand Neighborhood Watch; and 3) ability to present more Crime Prevention programs. The Alameda County Sheriffs Department, which provides police services under contract, has indicated an officer will be available on November 1, 1996. Should funding be discontinued in the 1997~98 Fiscal Year, the position could be assimilated into patrol for East Dublin. CIT~r COUNCIL MINUTES V~OLUME 15 REGULAR MEETING September 17, 1996 PAGE 446 Cm. Moffatt asked if part of the program would get into gang prevention and some of the things Mr. Del Conte spoke of earlier. Chief Rose discussed a few of the things the position could be involved with. They will be able to work more closely with citizens or wherever we need this program. Mr. Ambrose clarified the figure $61,817 is different because the County will be taking $319 off the top. He stated Staff will certainly talk to the County about the appropriateness of this. Staff will work out the actual details of getting our funds. This is actually a State Grant rather than what is indicated in the Staff Report saying Federal. If the State Legislature doesn't come through with the funds, we will utilize the individual in Eastern Dublin. Cm. Moffatt stated he thought we were going to put another officer in place next year at Budget time. Mr. Ambrose stated the City Council approved it pending development in the annexation area of East Dublin, and if development doesn't occur, the 2 officers would be delayed. Mayor Houston clarified that this is up and above what has been looked at for this fiscal year. Mr. Del Conte stated this was music to his ears. Mayor Houston closed the public hearing. Mayor Houston asked when the Staff Report will be done on the Federal Grant. Mr. Ambrose stated it will be presented on October 1. The proposals need to get to the County by the end of the month. They were contacted and said they could accept our report on October 1. Cm. Burton stated he thought there were 2 different recommendations in the Staff Report. Mr. Ambrose explained that there will be a review process for this program and reviews of the expenditures of each agency's funds to make sure they comply with the guidelines. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Barnes absent), the Council approved Staffs recommendation to fund an additional CI'l¥ COUNCIL MINUTES ~/OLUM£ 15 REGULAR MEETING September 17, 1996 PAGE 447 patrol officer position for 8 months to provide additional bike patrol and crime prevention. AGREEMENT WITH ALAMEDA COUNTY FOR COLLECTION OF DEED ASSESSMENTS 7:50 p.m. 8.1 (600~40) City Attorney Silver' presented the Staff Report and stated the Surplus Property Authority intends to record a Declaration of Conditions, Covenants and Restrictions (CC&Rs) against its Santa Rita property to assure that the property owners pay for the costs of landscape and creek maintenance if such costs are not funded through a Landscape Maintenance Assessment District. This agreement would provide for collection of such deed assessments by the County along with property taxes. Ms. Silver stated Staff had developed an agreement setting forth the terms for such collection and establishing the amount of the fee to be paid to the County (1.7%). Cm. Moffatt stated he felt this was a great idea. He asked if the amounts can change each year. He wants to protect the City so that we won't have to use General Funds to subsidize this. Ms. Silver explained that there is always a risk, but explained that it Will go up each year by the actual increase to water and electricity plus the increase in the CPI. If the City's actual costs increase by more than the CPI, there could be additional costs to the City. Mr. Thompson discussed the fact that in the early years, we expect this to be a lesser amount. The County will pick up balance overages spread over their undeveloped land. Cm. BUrton asked if this is a new concept to provide for assessments. Is the contractual arrangement with the buyer of property as CC&R? He congratulated Staff for this concept. Ms. Silver stated it is contractual. Many people buy property subject to restrictions. This is a covenant that the Surplus Property Association is imposing on the property. is called an equitable servitude. Mr. Ambrose stated the costs can't be a burden on existing residents in our community. If the initiative passes, there could be litigation related to various items and we wanted to make certain we had a fallback position. It CITY"COUNCIL MINUTES VOLUME 15 REGULAR MEETING September 17, 1996 PAGE 448 Mr. Del Conte stated this a good opportunity for our children with this landscaping coming up. His son went to work when he Was 13 years old and ran the whole landscaping yard with delivery and everything. His son told him he was going into business when he was 16 years old. Today he does $8 million in annual business and has 60 or 70 guys working for him. He would like to see the kids out there running the lawnmowers. Mr. Del Conte stated he also wanted to say we are going to have to do something with our murderers. It is costing us a lot each year. Mayor Houston reminded that comments should be related to the topic being discussed. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous .vote (Cm. Barnes absent), the Council adopted RESOLUTION NO. 112 - 96 APPROVING AGREEMENT WITH ALAMEDA COUNTY FOR COLI FCIION OF DEED ASSESSMENTS UPDATE OF THE TRI-VALLEY TRANSPORTATION COUNCIL PROPOSED REGIONAL TRAFFIC IMPACT FEE 8:06 p.m. 8.2 (1060~40) Public Works Director Thompson advised that the City of San Ramon has indicated that it may not revise vested tentative maps for several developments within San Ramon to include a Regional Traffic Impact Fee, even if they have the opportunity to impose the fee through land use changes. If these San Ramon developments are not included in the Regional TIP, development in other jurisdictions may be required to subsidize the City of San Ramon's Regional TIP. Mr. Thompson stated Staff proposed to send a letter to the Tri~Valley Transportation Council indicating Dublin's concerns regarding this issue. Mayor Houston stated the whole premise is if a substantial change is made, basically it is a whole new project. After there have been changes, it is very reasonable to review the fees and most members concur. Cm. Moffatt stated this has been argued for 6 or 7 years. He suggested that if San Ramon doesn,t want to go along with this concept, their share of the mitigation might be increased by some percentage. They would have to pick up a bigger share. CITY' COUNCIL MINUTE~ VOLUME ] 5 REGULAR MEETING September 17, 1996 PAGE 449 Mayor Houston stated they don't want toget into a situation of different fees, but rather have a standardized fee for everyone. The highest priority projects would be reviewed. If the map changes, then they should be obligated to the fee. Cm. Burton stated apparently San Ramon is holding off so they can get a few projects in before this is effective. We should be careful in signing up for something that we will be taking the burden when someone is not participating. Mayor Houston stated they will have to move quickly to get a project in place before this becomes effective. They're close to a vote; probably 30 to 45 days away from consummating this. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes absent), the Council authorized the Mayor to sign the letter to the Tri~Valley Transportation Council. OTHER BUSINESS 8:13 p.m. Library Commission Alternate (110 ~ 30) Cm. Howard stated last week she had a potential problem attending a Library Commission meeting. As it turned out, she was able to go, but there was no alternate Councilmember appointed to go in case she can't go. Mayor Houston stated we have a citizen alternate on that Commission. Cm. Howard suggested having an alternate on the City Council. Cm. Moffatt suggested and the Council concurred that this be discussed with all the other committee assignments after the election. East Bay Division Meeting LOCC (140~20) Cm. Moffatt announced that the East Bay Division of the League will have a meeting Thursday night, September 19 and at that time they will take up the subject of urban growth boundaries which negatively impact the quality of life. Executive Director Susan Day of the California Alliance of Jobs will be the speaker. This should be a good meeting. It's in E1 Cerrito. Cm. Moffatt stated when he attended the Planning Policy Meeting at the League of CA Cities recently, literature was distributed. There was a conference held in Yellowstone CIT'Ir COUNCIL MINUIES I/OLUME 15 REGULAR MEETING September 17, 1996 PAGE 450 Park and it was a compromise between the environmental people and the developers. He stated he would make the information available to the rest of the Council. Traffic Signal Timing (590-40) Cm. Burton reported that on San Ramon Road and Dublin Boulevard, when you are going west, the signal turns off in 2 seconds. This would be going west in the straight through lane. The green light lasts only a very short period of time. Mr. Thompson stated he will take a look at this. Mayor Houston stated he noticed this same situation going east. He spoke with Mehran Sepehri about it and he indicated we were working on it. Cm. Burton asked if the third left turn lane could also be a straight through lane. Mr. Thompson stated this would not allow both left turns to go at the same time. CLOSED SESSION 8:20 p.m. 10.1 (640-30) The City Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~ Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - One Potential Case. REPORT OF CLOSED SESSION ACTION No action was taken in closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:35 p.m. Mayor ATI'EST:~,~_X._og)~ ,.~"C~ Deputy City Clerk CITY' COUNCIL MINUTES VOLUME 115 REGULAR MEETING September 17, 1996 PAGE 451