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HomeMy WebLinkAboutItem 4.01 Draft Minutes 04-15-1997 '. ...,. . , :. .. REGULAR MEETING - April 15, 1997 A regular meeting of the Dublin City Council was held on Tuesday, April 15, 1997, 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, Lockhart and Mayor Houston. Councilmember Burton arrived at the meeting at 7:57 p.m., following the closed session. ABSENT: Councilmember Howard. .-.... PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .. ITEM ADDED TO AGENDA AS ITEM 4.10 7:03 p.m. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, (Cm. Burton and Cm. Howard absent), on an emergency basis, the Council added an item as 4.10 to the agenda related to approving a change order for the Dougherty Hills Slope Repair. The need to take action tonight came about after the agenda was posted. + CLOSED SESSION 7:04 p.m. 10.1 (640-30) The 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 7:57 p.m. Mayor Houston announced that no action was taken. Cm. Burton arrived at the meeting. The public meeting was reconvened with all Councilmembers except Cm. Howard present. + CITY COUNCIL M1NUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 165 ITEM :-.100_4..1- INTRODUCTION OF NEW EMPLOYEE 7:57 p.m. 3.1 (700-10) Lt. Farruggia introduced new Police Services Deputy David Poff. . Deputy Poff stated he looked forward to serving many years here. Lt. Farruggia also introduced Deputy Linda Bailey who has been with DPS for the last 8 years. She will be the replacement for Randy Skarphol. Deputy Bailey stated it was an honor to be here and said she only hopes she'll be able to do half the job Randy did. + Sutton Lane Home Occupation Concerns (450-70) Wesley Herseth, 7574 Sutton Lane spoke about an auto shop at 7587 Sutton Lane and a church at 7584 Sutton Lane. Mr. Herseth stated he was here because of the neighbor across the street. His house is up for sale and the goings on across the street are not right. His neighbor has been running a mechanic's shop for the past year. It has been growing and growing. He .':_'_' has spoken with Dean Johnson and Ralph Kachadourian. They have come out and talked to him but then it ShOlily gets back to the same situation. They are working on 4 cars out in front of their garage. They work from daylight to dark. They have so many people and so many cars around. They have a shack in the back yard and there is a constant turnover of people. From December to January he took 58 different license numbers down to the Police Department. He never heard anything even though they said they were interested in this. In 2+ months, he noted 70 different license numbers that came to this house. They are selling and moving, but he would like to see this stop for the rest of the neighborhood. It just isn't right. Mayor Houston stated he had spoken to Mr. Hersett on the phone and referred this to enforcement. We do have rules and regulations that we try to enforce. Lt. Farruggia commented he thought this was the location where they did a probation search a few months ago. He gave him a card and advised that Police Services will look into this further. Mr. Ambrose stated it is very difficult to prove the business repair aspect. The problem is proving they are doing business transactions. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 166 .~:- e: ." .: Mr. Herseth stated he has it on video that he takes money from people. He reported that there is also a church operating every Tuesday night and the parking situation is very bad. He now understands they are going to add an additional service to the Tuesday night meeting. Mr. Ambrose stated he would appreciate it if he could make the video available to the City. Mayor Houston stated hopefully working with the police and zoning enforcement this can be resolved. Mayor Houston requested that he give Staff the particulars and they could also look into this. em. Burton asked about our policy when someone goes to the trouble of bringing in license numbers in light of the fact that he stated he got no feedback. Lt. Farruggia stated there should be some effort to contact people so they at least know what has occurred. He will personally follow up on this. + CONSENT CALENDAR 8:09 p.m. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of April 1, 1997; (em. Barnes abstained) Adopted (4.2 600-40) RESOLUTION NO. 35 - 97 ., AMENDING THE ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM AND DESIGNATING THE AUTHORIZED BOARD MEMBER Awarded (4.3 350-20) a Purchase Order for Street Light Pole Painting to St. Francis Electric ($110 per pole - $1 7,600 total); Received (4.4 320-30) the City Treasurer's Investment Report for the 3rd Quarter of FY 1996-97, showing the City's investment portfolio to be $25,742,785.71 (market value), with funds invested at an average annual yield of 5.697%; CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 167 Received (4.5 330-50) the financial Report for the month of March 1997; ." Approved (4.6 350-20) the award of Purchase Order ($24,210) to T.A.S.K. for the Civic Center Waterproofing project and approved a $5,700 budget transfer; Adopted (4.7 600-40) RESOLUTION NO. 36 - 97 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 1997-98 Authorized (4.8 600-30) Staff to advertise Contract 97 -04, Annual Slurry Seal Program for bids; Approved (4.9 300-40) the Warrant Register in the amount of $604,193.40; Added Item: Approved (4.10 600-30) and authorized the Mayor to sign Change Order No.6 to the Dougherty Hills Slope Repair project and authorized a budget .'" transfer to this Capital Improvement Project from unallocated General Fund Reserves. + PUBLIC HEARING - FIRE FACILITIES FEE 8:10 p.m. 6.1 (390-20) Mayor Houston opened the public hearing. City Manager Ambrose presented the Staff Report and advised that in order to provide fire services, the City must maintain public fire facilities, including fire stations and fire apparatus. The cost of fire facilities and apparatus necessary to serve new development through buildout in the City of Dublin is estimated at $6,329,000. A fire facilities fee schedule is being proposed which fairly allocates this cost to anticipated new development. Mr. Ambrose stated significant residential and non-residential growth is expected in the City of Dublin through buildout. The most extensive development is anticipated in the Eastern Extended Planning Area in accordance with the Eastern Dublin General Plan Amendment and the Eastern Dublin Specific Plan. Moderate growth is anticipated in the Western Extended Planning Area, as directed in the Schaefer Ranch CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 168 . . . e General Plan Amendment. Additional fire facilities and apparatus will be required to serve new growth at the standard level of City service without negatively impacting the services currently provided to existing Dublin residents and businesses. As outlined in the Staff Report, Mr. Ambrose discussed the relationship to existing Fire Facilities Fee, the applicability of Dublin Fire Facilities Fee, AB 1600 compliance, and timing issues. The fee will become effective 60 days after the adoption of the proposed Resolution. In order to insure that a fire facilities fee continues to be in place for new development following the dissolution of DRFA on June 30, Mr. Ambrose explained that it is impOltant to adopt the Resolution prior to the end of April 1997. The comprehensive study done by the firm of Hausrath Economics Group anticipates that two new fire stations and related apparatus will be required to serve new development in Dublin through the year 2025. Bob Spenser with Hausrath Economics Group stated his firm completed this study and explained what they did to establish the nexus. Two new stations will be in eastern Dublin, as will 90% to 95% of the new development. The fee will be $512 pel' housing unit with a 5% increase in the fee per year. Cm. Burton clarified they are looking at the year 2025 for buildout projections. It is only currently approved development. No 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. Barnes, and by unanimous vote (Cm. Howard absent), the Council adopted RESOLUTION NO. 37 - 97 ESTABUSHING A FIRE FACIUTIES FEE FOR FUTURE DEVELOPMENTS WITHIN THE CllY OF DUBUN .. PUBLIC HEARING-AMENDMENT OF DUBLIN MUNICIPAL CODE CHAffER 2.28 RELATING TO CAMPAIGN CONTRlBUTION LIMITATIONS AND EXPENDITURES 8:16 p.m. 6.2 (630-20) Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and advised that at the November, 1996 election, voters passed Proposition 208 which amended the state law regarding CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 169 campaign contributions. Following a review of the City's Ordinance at the . February 18, 1997 meeting, Staff was directed to revise the City's Ordinance to bring it into compliance with current state law. Ms. Silver explained that Proposition 208: 1) provides for a ban on contributions more than 6 months in advance of an election and 90 days following an election to pay debt; and 2) provides for a $100 limit on contributions. The current ordinance requires candidates to report any contribution in excess of $25. Although this requirement was not in conflict with Proposition 208, the Council instructed Staff to delete it, which the proposed ordinance does. Ms. Silver stated Staff was instructed to include a voluntary expenditure ceiling as allowed by Proposition 208. The amount of the ceiling is left to the discretion of the Council, except that it cannot exceed $1 for each resident of the City. The City's population as of January 1, 1996 is 26,267. This section also requires that each candidate file a statement of acceptance or rejection of the ceiling with the City Clerk before accepting any contributions. If the candidate does accept the ceiling, the contribution limit is raised from $100 to $250. No testimony was entered by any member of the public relative to this issue. . Mayor Houston closed the pu blic hearing. Mayor Houston felt Staff had responded and this was the direction given in order to conform to Proposition 208. Cm. Barnes stated she would rather see the $25 reporting left in. It is not in conflict with 208. She stated she asked if this is a burden to the City Clerk. It is only a burden to the candidate. She stated she would also rather see the dollar limit set at $ .50 per resident instead of $1. Cm. Lockhart felt if we have a limit of $100 or $250 this is fine. She saw no reason to have to report $25 contributions as it does lie as a burden to the candidate. Cm. Burton stated even though he will not have to use this, he felt $1 per resident is more than we should be spending on a City Council contest. It might be more important later on. He agreed that the $25 reporting figure is a nuisance. It implies someone can buy your vote for $25. Mayor Houston felt it should be made a realistic figure. It is still a voluntary ceiling. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 170 .' .:: . Cm. Lockhart stated what the people opted to allow when they voted for 208 was the $1 per resident. Ms. Silver explained that the spending limit must be voluntary. Cm. Burton stated he originally wanted to go by all the state rules. He would like to have Dublin's rules the same as the state. On motion of Cm. Lockhart, seconded by Cm. Burton, and by majority vote (Cm. Howard absent), the Council agreed to remove the reporting amount of $25 and go with state reporting amount of $100 and establish the voluntary spending limit at $1 per resident, waived the reading and introduced an Ordinance repealing and re- enacting Chapter 2.28 of the Dublin Municipal Code relating to Campaign Contribution Limitations and Expenditures for Elections. Cm. Barnes voted in opposition to the motion. + APPROVAL OF INTERNET WEBSITE DESIGN 8:29 p.m. 7.1 (180-10) Administrative Assistant Honse presented the Staff Report and advised that on January 7, 1997, the City entered into an agreement with Citilinks to design an Internet Website for the City. Staff prepared an outline of the structure and content of the Website to be used by Citilinks in the design of the Website and is now requesting that the Council evaluate the outline, modify it as necessary, and instruct Citilinks to proceed with the design of the Website. Mr. Honse advised that the Council approved $4,615 in funding for professional design services. The proposed Website design can be produced within the budgeted amount and approval of the proposed design will not result in any additional costs. Mr. Honse explained that the subcommittee (Mayor Houston and Cm. Lockhart) recommended that the Website contain City Council minutes for a period of 6 months, and also recommended that separate pages be dedicated to the Planning Commission, Parks & Community Services Commission, Senior Center Advisory Committee, and Heritage Center Advisory Committee. Finally, the subcommittee recommended that the Website contain data regarding the City's budget and minutes from the annual Goals & Objectives meeting which can be selected by a single button. Jim Chapin, President of Citilinks presented a brief computer demonstration. CITY COUNCIL :MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 171 ~~i::.rton questioned the word opportunities and asked what would be in this .,' Mr. Chapin stated it would be business opportunities. This could be revised. Mayor Houston referenced the chart provided with the Staff Report. It can be fine- tuned with whatever would impalt the best description. Mr. Chapin stated there can be multiple links. Cm. Burton asked about housing and schools. He didn't see this on the list. If a company is moving someone to Dublin, and they go on-line, the first things they want to see are housing and schools. Mr. Rankin stated they talked about having reference links to schools, churches, etc. Cm. Barnes stated she thought this would be under demographics. Mr. Chapin stated they do have average home prices. The information came from the Southern Alameda County Board of Realtors. Mayor Houston stated what was important to him was having City Council agendas . and minutes archived. We would want to keep at least 6 months of minutes ,.' .', accessible. Logistically since we have noticing requirements, we will need to look at the ease of getting the information to Citilinks to put on the Website. Cm. Barnes asked about the community calendar and if it will be available to service organizations to give input so we can maintain a better calendar of what's going on. Cm. Lockhart stated they discussed having this information available to the service clubs. Cm. Barnes discussed the necessity for having each group be responsible for getting the information to them. Cm. Burton stated the Rotary will be having a circus on June 17th. This could be advertised on the Website. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council approved the proposed design and authorized Citilinks to proceed with construction of the City's Website. .. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 172 . . . .: OTHER BUSINESS 8:43 p.m. Employee Recognition Event (720-20) Mr. Ambrose reminded everyone of the employee recognition reception being held Friday beginning at 5:30 p.m., in the Regional Meeting Room. . DRFA Meeting (610-05) Mr. Ambrose stated a DRFA meeting will be held on Monday, April 21 at 7:30 p.m. in San Ramon. . TCI Franchise Services (1050-30) Mr. Ambrose reported that a letter had been received from TCl Chief Engineer indicating their current schedule and technical evaluation to be completed in May and construction to begin no later than mid-June. Mr. Rankin reported that the letter came out of Denver and Tom Baker is working on some more precise schedule information to be submitted by the first of next week. They have a team from Denver out here now doing some testing. They are scheduling the system be turned off on occasion between midnight and 5 a.m. So far, there haven't been any complaints. . Fire Services Negotiations (540-10) Mr. Ambrose reported that the fire contract negotiations were going well. . Community Services Conference (610-05) Cm. Lockhart stated she attended the League of CA Cities Community Services Conference in San Diego last week and she was really pleased to attend this. Some very interesting information was presented on agencies working together as some things will definitely trickle down to our community. There was also information presented on Proposition Z 18 and how this will affect community services. Collaborating with other groups in the community is very important. They went into CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 173 the whole thing of community services and recreation and not thinking of this SimPlY., as the fluff or extra that we offer and how well programs for children can help with fighting crime and graffiti. Some programs that are considered more important than others we may need to look at differently. Cm. Lockhart stated she was sorry to see that the newspaper repOlier left because she read in the newspaper that the skate park was dead. She felt that it is still moving forward, even though maybe not as a high priority item. She spent quite a bit of time talking to people about these types of parks and how to make them work. There is a wealth of information available and stated she will give the information to the task force. . BART Station in West Dublin (1060-30) Cm. Burton suggested that we agendize the issue of the West Dublin BART station in order that the Council can express their feelings. He would like to see us abandon it. He would like it discussed at the next meeting to see if we are really interested in having our downtown area impacted in this manner. It will disrupt our downtown plan. It will be a mess. He would like to see Dublin go on record as not wanting this station. This will take $25 million off the list for traffic impact fees. We should live with our one station. . Mayor Houston felt this was a valid issue and that it might be appropriate to have the downtown task force review this; the station, the hook ramps, Village Parkway impacts and all the other ideas. We would be looking at having the task force begin sometime this summer. We would need to have a lot of information on whether or not to support this. He stated he would like to direct Staff to get a list of points needed in order to evaluate it. Traffic and circulation and coordinating with our downtown plan would be very important. Cm. Burton felt there seems to be a process going on where everybody is doing their own thing. He would be willing to accept the fact of putting all the issues in front of them, including the traffic impact fee. What happens if we don't have this station? It may reduce the fee for the next generation. Mayor Houston said he thought the whole Tri-Valley transportation fee issue would be discussed at the next City Council meeting. Mr. Ambrose indicated the timing is not good to discuss this right now as Staff is right in the middle of budget preparation. We don't physically have Public Works staff time CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 174 . .' e:. .: available to prepare a report of the issues. Having been involved in the BART lawsuit settlement agreement, we will have unacceptable levels of service with just one station. It's a question of how much our streets can handle with just one station. We will need to look at what other options we may have without causing gridlock at Dublin Boulevard and Dougherty Road. Cm. Burton stated his personal feelings was that BART's decision was not an unbiased one. They are sacrificing Dublin to solve their problem. Cm. Lockhart felt we need input from a lot of people on this. ~ Congresswoman Tauscher (610-05) Cm. Barnes stated on Saturday, April 19 from 2:30 p.m. to 3:30 p.m., Ellen Tauscher will have a town hall meeting in San Ramon at the Montevideo School and the public is invited. She has an open door policy. . ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:59 p.m. . Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 15, 1997 PAGE 175