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HomeMy WebLinkAbout07-21-1998 CC Adopted Minutes REGULAR MEETING - July 21, 1998 A regular meeting of the Dublin City Council was held on Tuesday, July 21, 1998, 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: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR 7:05 p.m. Items 4.1 through 4.8 On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 29, and Regular Meeting of July 7, 1998; Adopted (4.2 700~30) IIESOLUIION NO. 1 15 - (A$$1$1ANI 10 IHE CII~ MANAGER) Approved (4.3 600-30) an Architectural Services Agreement with Arch Pac, Inc., for Dublin Swim Center Deck Replacement and authorized the Mayor to execute same; CiTY COUN~IL MINUTES VOLUME 1 7 REGULAR MEETING ]uly 21, 1998 PAGE 334 Received (4.4 320-30) the City Treasurer's Investment Report for the 4th Quarter of FY 1997-98 showing the City's investment portfolio at $ 37,410,754.56 (market value), with funds invested at an average yield of 5.686%; Authorized (4.5 1060-90) the City Manager to execute a letter requesting Alameda County Transportation Authority (ACTA) recognize local match payment as consistent with policy on reimbursement; Adopted (4.6 410~40) Authorized (4.7 600-30) Staff to solicit bids for Contract 98-07, Mape Memorial Park Pedestrian Bridge; Approved (4.8 300-40) the Warrant Register in the amount of $721,118.91. PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83~ 1 7:05 p.m. 6.1 (360-50) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this assessment district funds the energy and maintenance costs for the City's street lighting system. This item would approve the levy of assessments for 1998-99. The assessment is not proposed to increase over the amount of last year's assessment ($1 $.26 per single family home). Mr. Thompson stated over the past two years, a portion of the reserve in this District was utilized for the purchase of street lights from PG&E. A reserve remains for future pole replacement funding. The City owns approximately 1,800 streets lights, a number of which exceed 30 years of age. CITY COUNCIL MINUTES VOLUME ! 7 REGULAR MEETING July 2 ~l, 199'8 PAGE 335 Cm. Burton asked of the funds charged, are they all for electrical utility or maintenance? Mr. Thompson stated both. We've reduced the cost by 30%. Mayor Houston asked if all the public hearings on the assessment districts could be combined. Ms. Silver replied that since Cm. Burton needs to abstain on one, they should be taken separately. No public testimony was entered by any member of the public relative to this issue. Mayor Houston Closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted RE$OLUIiON NO. 11 ? - 98 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 PUBLIC HEARING ~ LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) 7:0~ p.m. 6.2 (3{30-20) Mayor Houston opened the public hearing. Public Works Director Thompson advised that this assessment district maintains landscaping along Stagecoach Road and on the interior slopes of Agate Way and Coral Way. This item would approve the levy of assessments for 1998~99. The assessment is not proposed to increase above the 1997~98 level. Mr. Thompson advised that estimated revenues exceed expenses and $1,795.36 is proposed to be added to the reserve in this District for future enhancement of CITY COUNCIL MINUTES VOLUME t 7 REGULAR MEETING July 21, 1998 PAGE 336 landscaping. The total assessment for 1998-99 will be $55,659.36 ($228.72 per single family home and $38.68 per Amador Lakes unit). No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. Burton abstained), the Council adopted RESOLUIiON NO. 1 18- §8 APP~IOVING ENGINEER'S REPOBI, CONEIRMING DIAGRAM AND ASSESSMENT AND OllDEIIlNG LEVY OF ASSESSMENI FOil t311Y O[ DUBLIN I~NDSCAPING & LIGHIING MAINTENANCE PUBLIC HEARING LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 8t3-1 VILLAGES AT WILLOW CREEK - TRACT 5511 7:10 p.m. 6.:3 (360-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this assessment district provides for maintenance of certain landscaping improve- ments associated with the Villages ~ Willow Creek development. This action would approve the levy of assessments for 1998-99 ($84.72 per single family home and $42.36 per multi-family dwelling). This is the same as the assessment for 1997-98. No public testimony was entered by any member of the public relative to this issue. .Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING PAGE 337 On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council adopted RE$OLUIION NO. 119- 98 ASSESSMENT, AND ORDERING LEVY OF ASSESSMENI [OR Ci~ OF DUBLi~ PUBLIC HEARING - LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) 7:11 p.m. 6.4 (360-20) Mayor Houston opened the public hearing. Public Works Director Thompson advised that this assessment district funds maintenance of certain landscaping improvements in the City's Santa Rita development area. The proposed action would approve the levy of assessments for 1998~99. The balance remaining in this assessment district is sufficient to fund the estimated 1998-99 maintenance costs and therefore, a zero assessment is recommended for this year. Mr. Thompson stated the landscaping was not completed last year and so there is enough money. As of this evening, 55 protests were received; presumably not protesting the zero assessment, but the district itself. This does not make up 51% of the necessary vote to overturn. Staff recommended, because of the number of protests received, that next year, we go out and have a neighborhood meeting and better explain the process. Mr. Angelo Sposeto, 4738 Mangrove Drive stated when he got this letter, he wanted to state he is opposed to any more assessments even for next year. On Dublin Boulevard there are some plants that aren't maintained. It is not fair for their area to maintain Gleason, Tassajara, or any other area that is not directly related to their neighborhood. They are being asked to pay for everybody else's area. As the developers develop more, they will have a lot more area that will require them to pay more. He likes the idea of having a neighborhood meeting and if it keeps getting raised every year, he is opposed to this. CITY cOuNcIL IqlNUTES VOLUME 17 REGULAR MEETING lucy 2~1, 1998 PAGE 338 Mr. Thompson stated the way the district was set up, there is a maximum of $710 assessment per acre. You divide the number of units into the $710 and it is allowed to go up based on the CPI. Each development goes into the district as it gets built and comes on line. Mayor Houston stated there will be a lot more folks to pay for this in the future as other homes contribute to the maintenance. This year the assessment is zero. Jane Wong 4728 Mangrove Drive stated she totally concurred with her neighbor and also likes the idea of having a neighborhood meeting before next year's assessment. She wanted to be certain that a new park in their district wouldn't be charged to them. Are they responsible for all the public right of ways and access to that park or will it be by the City of Dublin. The financial statement portion the agenda statement shows a carryover of $25,000 and she wanted to know how this carryover money came about. Was it from developers or where? When she called the City she asked about how a City operates and apparently the City is divided into multiple districts. She was told some districts have this paid through taxes and some through a general fund? Why is there this inequity? Are some districts having this maintenance paid through general fund? She did not feel that the money each homeowner would have to pay would actually be reduced in the future even though there will be more homes.. Mayor Houston summarized that most of these issues will be addressed. The policy is new development must pay for itself. Whenever you have a new development built, it pays for the improvements in that district. If they are not paid for, the improvements will suffer. These amenities are important to their property values. This is in lieu of a homeowners association. Other areas in the City have similar assessment districts. Mayor Houston felt it was not appropriate to spend too much time on this since there is a zero assessment. He reiterated that the City's policy is that new development must pay for itself. For several years, there have been no increases to most of' the districts. We try to look out for and lower the cost for the homeowner. He stated later in the meeting, the Council will be repealing a fee which will be eliminated from the tax bills. Mr. Sposeto stated since they have just one section of Dublin Boulevard they don't need to have an assessment district but could have a homeowners association. CiTY COUNCIL MINUTES VOLUiviE 17 REGULAR MEETING PAGE 339 Mayor Houston stated they are in a much larger area. It will never work out that they will just pay for a strip in front of their house. There's no way to get around this because that's how the property was allowed to develop. They get a prorata share of the improvements in their area. Next year, they can get into ail the nuts and bolts. Cm. Lockhart felt Mr. Thompson had good responses and she suggested a meeting be held before next year. This will help new people coming in also. Cm. Barnes asked if this is part of the disclosure documents. Mr. Thompson stated it is; but perhaps people just didn't understand it. He felt maybe Staff could send out some type of a newsletter. Cm. Barnes felt they should also understand this is a great benefit to their property. Cm. Burton asked about the comment that Dublin Boulevard landscaping is not being taken care of. Mr. Thompson responded the City hasn't accepted it yet. They will redo parts and add some more and we won't actually take it over for 4 or 5 months. They must meet the City's conditions before the City will accept it. Also, the park maintenance will be paid by the City and it is not part of the assessment district. Mr. Ambrose stated the developer is on the hook and we don't pay for any maintenance until we accept it. We've made it clear that we want it to be put in the way it was planned. Cm. Burton felt the people should know that the process of installing landscaping be done satisfactorily before we accept it. It must meet our criteria. They will only pay for the maintenance, not the capital improvements. Mayor Houston closed the public hearing. Mayor Houston stated he felt a newsletter which gives a written overview would be helpful. This could be the first step for the balance of this year. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING July 2~, ~998 PAGE 340 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR DISTRICT 97-1 (SANTA RITA ARE~) PUBLIC HEARING 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT 7:32 p.m. 6.5 (580-40) Mayor Houston opened the public hearing. Administrative Assistant Steve Honse presented the Staff Report and advised that in accordance with the requirements of the Local Law Enforcement Block Grant Program, the City's Block Grant Advisory Board must meet and prepare a recommendation regarding the expenditure of the grant funds. Prior to any expenditure, the Board's recommendation must be considered by the City Council at a public hearing. The Board has recommended that 1997 Block Grant funds be used during Fiscal Year 1997-98 to partially fund the position of a bicycle officer. Currently, the bicycle officer position is funded by State Grant and City General Fund monies. The 1997 allocation of grant funds is $14,356, subject to a 10% ($1,456) match. Mr. Ambrose stated this is the way the budget is structured. We set it up exactly the way we did last year. Mr. Honse stated the bicycle officer in Dublin has been .especially effective; particularly with auto burglaries and shoplifting, etc. People running usually wear out before the bicycle officer does. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING ]uly 21, PAGI~ 2t41 On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted llE$OLtlIION NO. 1 21 - 08 APPROVING APPROPRIATION OF 1997 LOCAL L~W ENFORCEMENI BLOCK GRANI INTERIM ZONING ORDINANCE FOR PROPERTY LOCATED AT 7197 VILLAGE PARKWAY 7:36 p.m. 7.1 (410~55) Senior Hanner Cirelli advised that at the July 7, 1998 City Council meeting, the Council directed Staff to initiate a General Plan Amendment Study and return with suggested land uses that would be most appropriate for the vacated service station site. The City Council also directed Staff to prepare an Interim Ordinance imposing a moratorium on any new development proposals for the site which are inconsistent with the recommended land uses for the site. Ms. Cirelli explained that the Gl' land use designation for the 1.06 acre former service station site is currently Retail/Office. If the Council wishes to prohibit any automotive~related uses on the site, it can do so in a number of ways; the simplest of which would be to rezone the property and adopt a PD Zoning District zoning designation for the site. This would not require a GP amendment. Ms. Cirelli advised that the Downtown Task Force was informed of the City Council's desire to adopt an interim ordinance and conduct a land use study for this site and they expressed an interest in assisting the Planning Staff while preparing the GP land use designations and/or zoning standards. After conducting a preliminary land use investigation for the site, Staff recommended allowing the following types of commercial land uses: Community-Serving Retail, such as general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, etc.; Office and Service, such as legal offices, medical/dental office, travel agency, hair/beauty salon, other administrative and professional offices, etc.; Eating, Drinking and Entertainment such as restaurants, cafes, ice cream shops, video rentals, delicatessens, etc. Uses that would require a Conditional Use Permit include: residential dwelling units, animal hospital, nightclub, micro-brewery, etc. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING PAGE ~ Ms. Cirelli advised that the interim ordinance identifies the uses that are contemplated by the GPA and land use study and allows only those uses which are consistent with it. The ordinance specifically prohibits automotive-related uses on the site. The ordinance would take effect immediately if adopted by a 4/5 vote of the City Council. State law limits the initial term of the ordinance to 45 days, and also requires the ordinance to include a finding that there is a current and immediate threat to the public health, safety or welfare, and that the approval of additional use permits, building permits, or any other applicable entitlements which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare. In summary, Ms. Cirelli stated Staff recommended that the City Council: 1) waive the reading and adopt the interim ordinance which imposes a moratorium on any new development proposal for the 7197 Village Parkway site which is inconsistent with community -serving retail, office~service, and eating, drinking and entertainment~related uses; 2) direct Staff regarding the recommended land uses for the site; and 13) direct Staff to prepare a GPA and/or zone change for the site that considers the recommended land uses for the site. Cm. Burton asked for a review of the process and timing of a Planned Development. This would save Staff time and leave it open for what the market bears. Ms. Cirelli stated Staff would initiate the zone change study and the study itself would take 3 to 4 weeks depending upon the amount of research. Crn. Burton stated this was not what he meant. A I'D gives us an option for a use. Ms. Cirelli stated Staff would make recommendations to the Planning Commission through a public hearing. This would be done in approximately $ to 4 months and could be a PD designation. Two public hearings would have to be held before the City Council. Mr. Ambrose clarified that we have to have an underlying land use in the General Plan. The question tonight is whether we want to leave the land use designated in the GP. Do you want to change that at all? The PD is more of an implementing element. Cm. Burton felt the market will let us know what will be there. He stated he had no problem with the moratorium. If we had a PD, this could just save Staff time. He is not concerned on whether or not it is a gas station. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING July21, 1998 PAGE 2~421 Cm. Barnes pointed out you still have to have a designation. Ms. Cirelli stated it is a C~2 designation and someone could request to be able to put another service station on the site, but if the City Council were to adopt a PD zoning for the site, we can totally prohibit a service station use on the site. Mayor Houston felt it would be more constructive to give some guidance on what they don't want, and then let Staff work on it. The market will dictate a lot of what happens. Mr. Ambrose stated the more direction the City Council gives, the less Staff time will be wasted. Cm. Lockhart stated she felt that contrary to what Cm. Burton feels the girls want, she wanted to voice the opinion of the Downtown Task Force. We need to set standards and give direction. Their opinion is this land use should be something that is user and walker friendly. They see this as a grand opportunity with two vacant pieces of land. It's extremely important to give direction on what the character of the area will be. We could eliminate some things. We should take advantage of these two vacant pieces of land and give clear direction on the type of businesses desired and who Staff should go out and contact. Mayor Houston stated he wanted no automotive and no drive through. Cm. Lockhart agreed with no automotive and no drive through. She stated she would love to see a bakery or bagel shop. There is a lot of opportunity to draw people. She would like to discourage driving. Cm. Howard agreed. Cm. Burton stated he recognized the importance of what the Downtown Task Force had to say. He wasn't sure why they are so opposed to drive through or automotive. He stated he would go with what the Mayor recommends. Cm. Barnes stated she lives there and goes along with what's listed on the sheet. A bagel shop would be nice. She definitely doesn't want another car service there. Mayor Houston felt most of the list and thoughts were good, but exclude automotive and drive through. CITY COUNCIL I'41NUTES VOLUME 1 7 RE, GU LAR MEETING july21, 1998 PAGE` 344 Mr. Ambrose asked about the residential aspect. Cm. Barnes stated she doesn't want to see the property lost to commercial. Mayor Houston agreed and stated he felt this could create more problems than we solve. Claudia McCormick, 7170 Emerald Avenue stated she also lives close to that area. She is very concerned about the whole area, including the other piece of vacant property. We are tired of automotive and drive through fast foods. She would like to see something pleasant for the neighborhood. Mayor Houston stated on the rest of Village Parkway, in the next 5 to 10 years, there will be changes and we need to be prepared to deal with this. Mr. Ambrose stated Staff would bring back a future agenda item to discuss the entire area. Cm. Lockhart stated the Task Force will also address the whole area. Mayor Houston suggested getting it on the agenda in September or whenever is appropriate. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and on an urgency basis with the changes discussed, adopted ORDINANCE NO. 11 - 98 ESIABLISHING A MORAIORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT ON THAT PROPERTY LOCATED AT 7197 VILLAGE PARKWAY (APN 941-0:Z10-013) PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT AND/OR ZONE CHANGE STUDY RITE AID SPECIFIC PLAN AMENDMENT STUDY REQUEST PA 98~058 7:58 p.m. 8.1 (410-55) Senior Planner Carrington advised that Rite Aid Drug Stores is seeking approval to allow an Amendment to the San Ramon Road Specific Plan to construct a 16,706 + square foot drug store and a'1,500 + square foot garden center on the CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING July 21, 1998 PAGE 345 northwest corner of San Ramon Road and Amador Valley Boulevard. The 1.86 acre site was formerly occupied by the True Value Hardware Store and Sleep Shop Ltd. Costs for the study will be borne by the Applicant. Mr. Carrington stated Rite Aid intends to re-lease the site where an existing Rite Aid store is located at 7201 Regional Street, when the new store is opened. A Rite Aid representative indicated that the company is in negotiations with potential tenants and that the space near Mervyn's should be relatively easy to re-lease. Mr. Carrington responded when asked that nothing is proposed at this time behind the parcels in question in front of Kildara. Cm. Burton asked to discuss traffic implications. At the present time, you go about 50' and then turn into the old Workbench to go into the restaurant. With this plan, he asked how people will get into the restaurant. Mr. Carrington stated there is another driveway that goes off San Ramon Road. Going north, you would have to turn left on Amador Valley Boulevard and then go about 300' and turn right and wind through Rite Aid's driveway. Cm. Burton felt another easement through Nichandros' property would be required. Mayor Houston felt circulation through there is tricky at best and we don't want to make it worse. Cm. Barnes liked the idea of one use as opposed to many small uses. She felt the Rite Aid idea is a good idea. As far as leaving their other store, this allows some very nice opportunities for the future. This is a large piece of property. Mayor Houston questioned why we would be chopping up the properties. We have area available to the west and he stated he could not support this the way it is. The back piece would be just a weeded lot. Why can't it be just one parcel for Rite Aid or reconfigured to use the land. Kirk Smith, Granite Bay stated he is a preferred developer for Rite Aid. Their regional headquarters is in the Dublin store. They have 10 employees in the back area of the store that deals with real estate and construction. What's happening globally is a repositioning of their market. They have found with stores like WalMart offering pharmaceuticals at cut rate prices, they have decided their niche is convenience. This means being at the corner instead of being tucked CJTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING july 2~, I798 PAGE back in a center and they want to have drive through. This has become something that is well accepted by communities. This site fits perfectly. Their existing store will be a good opportunity for several retailers. Their store is quite a bit bigger than the Albertson's store. There are also some other retailers that would like to use it. He has worked quite a bit with Mr. Nichandros and he felt he would be cooperative. They would actually prefer to be closer to the intersection. They want people to be able to get in and out conveniently. A garden center creates a nice landscaped area for them in front. Typically it is in a fenced area in front. They have some color elevations that they will bring to their next meeting. They are prepared to build a very nice building. The drive through is on the west side. Cm. Barnes stated she wishes he was around with this concept when she was a young mother. She felt any other mother will really appreciate this. Cm. Burton congratulated him for incorporating ali the uses in one building. Mayor Houston pointed out this is a study only and to decide whether they want to go forward with a study. Cm. Barnes asked if this could be broadened to include the back parcel. We have to be extremely sensitive to the homeowners near there. The Council agreed that we should look at the entire parcel. Cm. Burton commented on the lease situation. This means the ownership issue should also be addressed in the study. It should go in with the agreement. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council, with the stipulation that the study look at the entire parcel as one piece of property, adopted IIESOLUIION NO. 122- INIIIAIING THE RITE AID SPECIFIC PLaN AMENDMENT STUDY Cm. Burton clarified that if this is not approved it will go back to the original use. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING PAGE 347 CONSULTANT SERVICES FOR PARK DEVELOPMENT STANDARDS 8:18 p.m. 8.2 (600-30) Parks & Community Services Director Ix)wart presented the Staff Report and advised that this proposed agreement with Singer & Hodges, Inc., would be to prepare Park Development Standards for the City. These standards will provide developers with the necessary guidelines to assist them in the design and construction of parks to the standard that the City requires. Ms. Lowart advised that the proposed fee for services is $14,500 and a budget transfer from the Public Facilities Fee Fund Reserve is necessary. Mr. Ambrose stated we are moving this along because Shea Homes is submitting applications for 9 subdivisions and they are interested in moving ahead with the neighborhood park. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council approved the agreement and authorized the Mayor to execute same and approved the Budget Change Form. RESOLUTION REPEALING THE CITY OF DUBLIN'S STORM WATER UTILITY FEE 8:21 p.m. 8.3 (390-20/1050~20) City Manager Ambrose stated in Fiscal Year 1997~98, the City Council reduced the Storm Water Utility Fee from $14.72 to $7.30. During the Budget deliberations in June of 1998, the City Council directed Staff to take those steps necessary to eliminate the Storm Water Utility Fee and to use General Fund Reserves during Fiscal Year 1998-99 to fund street sweeping and catch-basin cleaning services. Elimination of this fee will reduce the City's estimated 1998~ 99 Operating Income by approximately $88,100. On motion of Mayor Houston, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted IIESOLUTION NO. 123 - 98 ilEPEALING TIlE $1011M WAIEB UIILI'[Y FEE CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING July 21, 1998 PAGE 348 FRANCHISE AGREEMENT RENEWAL OF THE TELE~COMMUNICATIONS, INC. (TCI) TRI~VALLEY CABLE TELEVISION SYSTEM 8:22 p.m. 8.4 (1050-30) Assistant City Manager Rankin presented the Staff Report and advised that the Federal Communications Commission (FCC) has specific regulations related to the renewal of Cable Television Franchises. The process begins by initiating a proceeding no more than 36 months and no less than 30 months before the expiration of the franchise. The initiation of the proceeding provides notice that the City is beginning the process of gathering information necessary for the City to evaluate the current performance and any conditions to be incorporated in a renewal. Components of the renewal process used to evaluate performance and to determine negotiating priorities include: Franchise Compliance Audit (is the operator complying with current provisions?); Franchise Fee Audit (is the franchising authority receiving correct franchise payments?); Technical Audit (review of operator's technology, infrastructure); Needs Assessment (what does the City need in cable services during the term of the next franchise?); Public Proceedings (gathering of public input, through forums, committee input and/or surveys); Evaluation of cable operator's proposal; and Negotiation of a new franchise Mr. Rankin explained that franchise renewal costs will depend upon the length and extent of negotiations with the cable operator, which may continue through the end of the year 2000, but total costs are not expected to exceed $60,000. The single most costly component of the renewal process will likely be consulting services. It is feasible that the City can negotiate that franchise renewal expenses incurred by the City may be reimbursed by the cable operator. An effort will be made to jointly share the costs with the Cities of Livermore, Pleasanton and San Ramon. Cm. Burton asked if there will be competition by the year 2000. Mr. Rankin stated as a practical matter the costs to run wires etc., it takes very heavy investment and it's not really likely. Our current regulations allow competition. The only experiment by a telephone operator was by Pac Bell and they have sold those assets to TCI. CiTY COUNCIL IVI[NUTES VOLUIVIE 1 7 REGULAR IqEET~NG PAGE 349 Cm. Barnes asked if we take into consideration public service. Mr. Rankin stated this would be reviewed as part of the process. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council agreed to commence proceeding for the purpose of reviewing TCI's performance under the current franchise and identifying the Dublin Community's future cable-related needs; continued proceeding indefinitely; and authorized the City Manager and/or his designee to enter into franchise renewal negotiations with TCI. SELECTION OF PERMIT SOFTWARE/PARTICIPATION AS PRODUCT DEVELOPMENT SITE: HdL COMPANIES PERMIT SOFTWARE 8:26 p.m. 8.5 (350~20) Assistant City Manager Rankin presented the Staff Report and advised that the City does not currently have a centralized automated permit tracking system. The City Council authorized Staff to circulate a Request for Proposal which was sent to 8 vendors. Staff evaluated the $ responses received. HdL companies, which is the current provider of Business License software, presented a proposal allowing the City to be one of six test sites for a Permit System which is under development. In exchange for assisting with the testing, the City has input into the features provided, and the cost of the system has been reduced. Mr. Rankin stated the total first year software cost as a HdL beta client would be $7,000, which is considered to be 50% of the expected market price. The cost includes the conversion of a limited number of paper records to the new system. HdL will also convert a small existing Zoning Enforcement database for use on the new system. In addition, the City would have some hardware costs which are estimated not to exceed $6,530 and would be purchased from a separate vendor. Cm. Burton stated the Housing Authority went with a test system for their needs. It bogged down when it was new and only the vendors could correct it. They've had to make some major changes. Mr. Rankin stated this is a risk and we did not consider this lightly. Experience with the firm is good. The programming they are using is standard in the P C client world. CITY COUNCIL NIINUTES VOLUME 1 7 REGULAR MEETING ]uly 21, 19~'8 PAGE .350 On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council agreed that the City should participate as a beta test site for the HdL Permit System and authorized the City Manager to execute the proposed agreement substantially in the form presented. OTHER BUSINESS 8:32 p.m. Council Meeting of August 4, 1998 (610~ 10) Mr. Ambrose reminded everyone that the meeting of August 4th will not start until 8:00 p.m. because of National Night Out, being held at the Shannon Community Center. Presentation on Clean Water Revival Program (1000~80) Mr. Ambrose advised that the City has a request by DSRSD to do a presentation before the City Council on their Clean Water Revival Program on August 4th. We have a very long agenda for that meeting and suggested maybe we should ask them to consider another meeting to do this. Mayor Houston suggested and the Council concurred to have them do the presentation at the first September meeting. Library Services ((940-60) Cm. Barnes stated she will be gone on August 4th and the Library Task Force Report was scheduled to come up at that meeting. Mr. Ambrose advised also that the letter was received just today regarding additional library hours. Cm. Barnes asked that both these issues be deferred to the September 1 st meeting. Mr. Ambrose stated there will be two separate agenda items and Staff could place them on the September 1 st agenda. CITY COUNCIL MINUTES VOLUME. 17 REGULAR MEETING July 21, 1998 PAGE 351 Old BP Station Building (530-20) Cm. Lockhart asked about the old BP station lot on Amador Valley Boulevard at Village Parkway. They are taking out the tanks. She asked about the possibility of getting them to take down the building as well. What's the purpose of leaving the building sitting them? It's doubtful the building could be incorporated into a new use. Mr. Peabody stated Staff will certainly contact them and make the City Council's wishes known. Contract for Fence Painting (600~30) Cm. Lockhart complimented the fence painting on Dougherty Road and Alamo Creek Park as part of the Maintenance Assessment District 86~ 1. They did go back and finish up the work. It looks great. They did a good job. Public Information Administration (150-10) Cm. Lockhart stated them is a program that happens in a lot of other communities like a city school where people sign up and go through a program to learn what departments do. Is this something we could take on at some point in the future that would give residents an opportunity to learn how the City operates. A lot of issues deal with the fact that they don't know how it operates. Mayor Houston felt this is a very good idea. He is most familiar with those assOCiated with Chambers of Commerce. Cm. Ix~ckhart suggested forming a liaison committee to look at this. It is a worthwhile project to take on. If it needs to be a City entity, this is okay. The time has come. Cm. Burton suggested a television presentation that could be repeated on CTV $0 would be a good way to go. Video the program the first time and then it's available. Mayor Houston stated the Fremont program is a whole week. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING July 21, 1998 PAGE 352 Cm. Barnes stated she and Councilmembers Howard and Lockhart will be attending the League of California Cities conference in Monterey starting tomorrow. She stated they could ask what the experience has been in other cities. She stated she liked the idea of a video which could be shown over and over. They have a good resource library. Concert at Civic Center (950~40) Cm. Barnes thanked Staff for the concert on Friday night. The next one will be held on a Saturday afternoon at the Dublin Swim Center and then another one on Friday night at the Civic Center. Everyone seemed to enjoy themselves. Liaison Meetings (610-05) Mayor Houston stated he would like Staff to set up a liaison meeting with Dublin Unified School District. Staff should get some dates in August. Mr. Ambrose stated he had talked with the Superintendent about the need and he feels end of August would be possible. Mayor Houston also requested that Staff set up a liaison meeting with the City of Pleasanton. 1-680/I~580 Hook Ramps & Flyover Project (800-30) Mayor Houston reported that we had our groundbreaking for the I~680/I-580 flyover. This is a 4 year project and it will be a great asset to the City when it's done. BART Station Proposal (1060-30) Mayor Houston asked for a report on the latest proposal for the BART parcel and their competitive bid whenever appropriate. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING July 21, 1998 PAGE 353 Mr. Ambrose stated we have set up a meeting to discuss their latest bid. Reuel is involved in this. Greg Enforcement (580~40) Cm. Burton stated Pleasanton has all the intersections on I~580 and asked if we are negotiating on the hook ramps to be under the sponsorship of Dublin for the purpose of CHP tickets. Mr. Ambrose stated the hook ramps are in the City of Dublin and the City will get the revenue for any tickets issued in that area.. CLOSED SESSION 8:47 p.m. 10.1 (640~30) The Council recessed to a closed session to confer with Legal Counsel ~ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - TWO potential cases. REPORT ON CLOSED SESSION ACTION No action was taken in the closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. --' X,Ci~ Cle~'k"- "" QJ " Mayor CITY COUNCI'L MINUTES VOLUME 17 REGULAR MEETING July 21, 1998 PAGE 354