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HomeMy WebLinkAboutItem 4.01 Draft Minutes 03-14-1994 4 f e . REGULAR MEETING - March 14. 1994 A regular meeting of the City Council of the city of Dublin was held on Monday, March 14, 1994, in the Council Chambers of the Dublin civic Center. The meeting was called to order at 7:32 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: Councilmember Howard left midway through the meeting, following the pUblic hearing. * * * * PLEDGE OF ALLEGIANCE Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * INTRODUCTION OF NEW EMPLOYEE (700-10) Police Chief Rose introduced Sergeant John Hardester, who is back in Dublin after being gone for about a year. Sergeant Hardester took Bill Hillman's place, who transferred out recently. The Council welcomed Sergeant Hardester back to Dublin. Sergeant Hardester stated he was very happy to be back and that Dublin is a great City to work in. * * * * PROCLAMATION TO CITIZENS OF THE YEAR (610-50) Mayor Snyder read and presented a proclamation to Bob & Bonnie Powers in recognition of being selected at the 1993 Citizens of the Year. * * * * PROCLAMATION TO ORGANIZATION OF THE YEAR (610-50) Mayor Snyder read a proclamation congratulating the Children's Emergency Council for being selected as the 1993 Organization of the Year. The proclamation was presented to Tom Fox, representing the group. * * * * PROCLAMATION WELCOMING VISITORS FROM IRELAND (610-50) Mayor Snyder read and presented a proclamation recognizing and welcoming several visitors from Bray, Ireland, Dublin's sister city. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 90 Regular Meeting March 14, 1994 ---------------------------------------------------------------------- ITEM NO. COPIES TO: e e ciaran Murphy, who is the equivalent of the Mayor of Bray accepted the proclamation and stated he felt very proud to be able to address the City Council and also to accept the presentation. There is a tremendous bond of friendship that has been built. Mayor Snyder introduced Ciaran's wife, Margaret and also Eddie and pauline Breen. Eddie is the Assistant county Manager of County Wicklow. Bray is located in county Wicklow. Mr. Murphy presented 2 books to the city and also a piece of local weaved wool cloth made of beautiful vibrant colors. * * * * East Dublin Lawsuit (640-30) Janet Lockhart, 8136 Creekside Drive congratulated everyone who worked so hard on the recent lawsuit over Measure B, the east Dublin referendum. citizens are very proud of the judgment and also proud of the fact that the City council stood firm in what they believe with regard to Dublin's future. Residents appreciate this very much. * * * * CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the council took the following actions: Approved Minutes of Regular Meeting of February 28, 1994, Adjourned Regular Meeting (Goals & objectives) of March 1, 1994, and study session (Budget) Meeting of March 2, 1994; Approved an Agreement with S. R. Hansen & Associates for Testing of the NPDES Pervious Concrete Pilot Project, not to exceed $4,950 and authorized the Mayor to execute the agreement (600-30); Accepted work under Contract 93-09 Dublin swim Center Bathhouse Renovation; approved Change Order #5; appropriated $7,457 from Community Development Block Grant Fund 209 and $136 from Parkland Dedication Funds 215; and authorized $10,338.26 final paYment to Skyline Construction (600-30); Received the Financial Report for period ending February 28, 1994 (330-50); Adopted RESOLUTION NO. 24 - 94 REQUIRING DEDICATION OF NEW STREET LIGHTING FACILITIES TO THE eITY OF DUBLIN (RATHER THAN TO PG&E) 1020-20 Received the City Treasurer's Investment Report as of February 28, 1994 (320-30); *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 91 Regular Meeting March 14, 1994 e e Approved Warrant Register in the amount of $159,650.78 (300-40); Adopted RESOLU~ION NO. 25 - 94 APPROVING REDUCTION OF DEDICATION AND IMPROVEMENT OBLIGATION (Home Express Project 410-30) em. Moffatt requested that the sidewalk repair item be pulled from the Consent Calendar for discussion. He questioned if the contracts to be advertised were for Fiscal Year 1993-94 and also expressed concern over the $10,000 which was budgeted for design, inspection and miscellaneous costs. Mr. Thompson explained that this program was originally cut out of the budget by the council and then recently put back in. In addition to inspection, the $10,000 figure also includes advertising and legal costs. There are 2 separate contracts. On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council authorized Staff to advertise the Annual sidewalk Safety Repair Program for 2 separate contracts, Contract 94-02 sidewalk Remove and Replace and Contract 94-03 Sidewalk Grinding, and authorized a $50,000 additional appropriation from General Fund Revenues and a reduction in the contribution from Fund 300 by the same amount (600-30). * * * * PROPOSED ZONE 7 WATER CONNEeTION FEE INCREASES (1000-20) Public Works Director Thompson prepared a Staff Report indicating Zone 7 has undertaken a study to determine the methods to obtain future water supplies to the Valley. To finance the cost of developing these supplies, Zone 7 is proposing to raise future water connection fees substantially (3.7 times) to pay for the cost of developing new water sources. The City will incur higher connection fee costs in the future development of parks and other public facilities and the City will also need to pay the Zone 7 connection charge for the Heritage Center prior to the effective date of the rate increase. vince Wong, Assistant General Manager thanked the council for the opportunity to discuss Zone 7's connection charge program. Zone 7 is the principle water supply wholesaler for the Livermore/Amador Valley. By far, most of the water for the Valley comes from the State Water project. Zone 7's contract is for 46,000 acre feet per year and they sell this water after treatment to DSRSD. Their current 3 sources give them about 50,000 to 100,000 acre feet per year. Zone 7 has made projections on what their demands will be through the year 2020, using an average growth rate of about 2~% per year for the 26 year period. They currently supply the needs of 140,000 people and in the year 2020 that number could go to over 275,000 people. Zone 7 projects 42,000 to 77,000 acre foot demand increase. They anticipate a shortfall of about 25,000 acre feet. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*e*@*e*@*@*@*@*e*@*@*@*@*e*@*e*@*@*@ eM - VOL 13 - 92 Regular Meeting March 14, 1994 e e Mr. wong stated Zone 7 will have 3 new Board Members after July and they feel their window of opportunity is to try to get the water they need now. It will take some time to bring the new Board Members to a level of understanding that the current Board has. It takes planning to get new sources. Transfers will probably be the cheapest source of water and the best way of getting water. Because this is the newest way to acquire new sources of water, the state regulatory agencies are very nervous about declaring what water can be transferred. Zone 7 is doing a lot of pioneer work in order to get permanent and long term water transfers. Cm. Burton stated he empathized with Zone 7 regarding the prospect of trying to find water sources and asked if they were using reverse osmosis. Imported service water is down around $20 to $40 per acre foot and if you have to reuse recycled water for irrigation, he questioned why it apparently costs $830. Mr. Wong responded water transfers will be quite a bit less if they can get it. It may not be as reliable as recycled water. The Department of Water Transfers will be looking to see what Zone 7 is doing with their existing sources of water; if they've done anything at all with recycling. Cm. Burton commented on the difference in cost of recycled water north of 1-580 and stated he was interested in recycling the water. Most of the ground water basin is south of I-580. He presumed that there is the opportunity to use less than reverse osmosis for a lot of the wastewater, especially in the east Dublin area. Mr. Wong stated there were water recycling projects identified for the eastern Dublin area and up in San Ramon for irrigation without demineralization. Referencing a study done by Brown & caldwell Consulting Firm, a water recycling program of irrigation without demineralization was identified for north of I-580 and because of the piping costs, this ended up being just over $1,100 per acre foot. Cm. Moffatt asked with regard to the proposed additional water supply, how long this will be available. Mr. Wong stated anything more than 20 years is considered long term. Zone 7's state water contract is for 75 years. The Office of Water Transfers is reluctant to make any permanent commitments. Cm. Moffatt asked about low flush toilets and retrofitting and if this will be a subsidized program. Mr. Wong stated they will work with DSRSD and other retailers and perhaps offer a rebate to those who replace their existing toilets with low flush ones. Cm. Moffatt asked about the relationship between Zone 7 and DSRSD and if the new fees will be charged by Zone 7. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 93 Regular Meeting Karch 14, 1994 e e Mr. Wong advised that Zone 7 connection fees are collected just before the building permit is issued. DSRSD collects their fees separately. In response to a question, Mr. Wong stated the 5/8" meter is for a house. A commercial meter would be 2~ to 5 times larger, depending on how much water they would be using. Cm. Moffatt asked if Zone 7 will be in direct competition with DSRSD in looking for additional water sources and if we, as a city, will just look for the best price. Mr. wong stated there has been contact to work together to seek a source of water for the new area outside of Zone 7, the Dougherty Valley. Zone 7 is interested as long as it can benefit the Zone 7 community. They aren't looking for new sources of water to sell outside of the Zone 7 community, unless they can benefit in some way. Cm. Moffatt stated he thought DSRSD could independently go out and look for new sources. Mr. Wong responded it will be better and easier to obtain some economy of scale as Zone 7 expands its system and as DSRSD branches out to a new area if they can possibly work together. Cm. Moffatt brought up the water that was purchased several years ago with the bonds that will end in 1999. Mr. Wong stated the contract was for 75 years and was signed in 1962. Only one half of the amount is included in the water rates and the other half is in a tax override. Cm. Burton stated while he realized there will be 3 people turning over on the Zone 7 Board, these costs were still quite a shock. Zone 7 will be tripling the cost of hook-up, and in addition, DSRSD will add their costs. He asked if the Zone 7 Board could consider an incremental increase as an alternative. Mr. Wong stated they have tried to make the development community aware of what is coming. They've also talked to the Building Industry Association. The Board could consider a phased-in approach. Another possibility would be an implementation delay of perhaps 6 months so that developers who have projects pending could get their projects together. Cm. Houston stated he felt Mr. wong was underestimating Members by saying it will take l~ years to train them. this statement. Phasing in would make much more sense, since rates haven't been raised since 1977. new Board He resented particularly Cm. Burton pointed out that people have to adjust and 6 months is not enough time for a developer, especially when they're trying to develop a nice community in east Dublin with affordable housing. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 94 Regular Meeting March 14, 1994 - e Mr. Wong stated they want to make sure they have a planned water supply available and to continue to work with the state on water transfers. Mayor Snyder stated everyone was shocked when they saw what the estimates would be. Cm. Burton requested that a sentence be added to the draft letter that the council urgently requests that Zone 7 split the increase over a longer time and wait at least a year before it kicks in. The Board could develop a schedule. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to sign the letter to be presented at Zone 7's public hearing on March 16, 1994. A sentence was to be added to the draft letter requesting that Zone 7 phase it in over a 5 year period with a 20% increase per year and to start it one year from now. * * * * PUBLIC HEARING - PA 91-099 HANSEN HILL RANeH DEVELOPMENT AGREEMENT 1993-94 ANNUAL REVIEW (600-60) Mayor Snyder opened the pUblic hearing. Associate Planner Choy advised that in conformance with the conditions of the Development Agreement and Section 8.12.140 of the Dublin Municipal Code, the city council must hold a public hearing to conduct an annual review of the Hansen Hill Ranch Development Agreement. Mr. Choy advised that on February 24, 1994, the city received a letter from Martha Buxton, representing California Pacific Homes, Inc., for Toohey Homes Ltd. The letter indicates that california Pacific Homes intends to postpone the start of the project for at least one more year, due to existing economic conditions. Cm. Moffatt asked if this is an extension of the plans that are already in. Mr. Choy stated this is an annual status report of the project. Cm. Burton stated the city is very anxious for them to be successful. Marti Buxton advised that they had certainly hoped that 1994 would be the year. Things like the Zone 7 increase are very difficult to pencil out. This means $400,000 right off the bottom line for them. California Pacific Homes hopes to build the project as soon as the market allows. Cm. Moffatt commented on the problems occurring on this land with vagrants. Ms. Buxton stated a Police Officer recently sent an authorization to the President of California Pacific Homes to sign stating anyone on the property without permission can be cited. No one has permission *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 95 Regular Meeting Karch 14, 1994 e e to be there, so neighbors who observe anyone on the property should call the Police immediately. Mayor snyder closed the public hearing. On motion of em. Burton, seconded by em. Moffatt, and by unanimous vote, the council adopted RESOLUTION NO. 26 - 94 ESTABLISHING FINDINGS TO SUPPORT GOOD FAITH COMPLIANCE FOR PA 91-099 1993-94 ANNUAL REVIEW OF HANSEN HILL RANCH DEVELOPMENT AGREEMENT Mr. Choy advised the Council that he had recently received and accepted a job offer with the city of Union city and he wanted to take the opportunity to formally thank the city council and his fellow workers for the opportunities presented over the last 4 years. It was a very difficult decision to make; with regret he said goodbye. Mayor Snyder stated the city was sorry to see him go, but was happy for him and stated everyone realizes that you must take advantage of opportunities when they are there. * * * * em. Howard left the Council meeting and did not vote on the remaining items. * * * * AWARD OF BID - CONTRACT 94-01 VILLAGE PARKWAY RECONSTRUCTION/OVERLAY (600-30) Public Works Director Thompson advised that as part of the street maintenance program, bids had been opened on the village Parkway Reconstruction/overlay project. Details of several alternates were discussed as presented in the Staff Report. Mr. Thompson stated Staff was recommending that Alternate 1 be selected which would reconstruct Village Parkway from Kimball to Amador Valley Boulevard. The bid would be awarded to Meridian Construction and a $63,791 additional authorization from the General Fund would be required and $62,438 from SB 300 Funds. Alternate 2 would reconstruct Village Parkway from Kimball to Davona and from Brighton to Amador Valley Boulevard and repair the section between Davona and Brighton. If the Council selected this option, the contract would be awarded to Gallagher and Burk and it would require a $44,840 additional appropriation from SB 300 Funds. Alternate 3 would reconstruct Village parkway from Kimball to Davona and from Tamarack to Amador Valley Boulevard and repair the section between Davona and Tamarack. It the Council selected this option, the contract would be awarded to Meridian construction and it would require an additional appropriation of $30,584 from the SB 300 Fund. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 96 Regular Meeting March 14, 1994 e e em. Burton asked how Staff happened to pick the particular parts of the street to be repaired under alternates 2 and 3. Mr. Thompson stated Staff actually inventoried all the failed areas. They would have had to do more patching, as the worst areas were on the ends. They tried to leave the best sections for future years in order to save money on this particular project. Cm. Burton asked how traffic will be handled. Mr. Thompson stated the city will require the contractor to work this out, but the city will require that at least one lane in each direction be open at all times. It will be difficult. Cm. Moffatt questioned the cost in the report about putting in a new system and repairing the remainders of alternates band c. He asked if the costs included the temporary repair. Mr. Thompson responded yes. Cm. Burton clarified that alternates 2 and 3 stayed within budget and would not require any General Fund transfer. Mr. Ambrose stated he also was concerned about the budget issue. We can maximize our dollars by utilizing the $62,000 in SB 300 money. This amount fluctuates based on the amount of money available and also based on the number of people ready to go with projects. Since this is a state-funded program, there is no guarantee that money will be available in future years. The strategy is to maximize the amount of grant money, avoid tearing out some improvements that will be going in as a result of this project and if we run into budget problems next year, we can cut our overlay program back. On motion of em. Houston, seconded by em. Moffatt, and by unanimous vote (em. Howard absent), the council adopted RESOLOTION NO. 27 - 94 AWARDING CONTRAeT 94-01 VILLAGE PARKWAY RECONSTRUCTION/OVERLAY ALTERNATE 1 TO MERIDIAN CONSTRUCTION ($428,175.20) authorized an additional $63,791 appropriation from the General Fund and $62,438 from SB 300 Funds; and authorized the Mayor to execute the agreement. * * * * ENFORCEMENT POLley FOR CITY OF DOBLIN'S NPDBS PERMIT (1030-20) Public Works Director Thompson advised that in the 1987 Amendments to the Clean Water Act, Congress broadened the requirements of National pollutant Discharge Elimination System (NPDES) permits as applied to municipal storm water systems. The Act requires that municipalities obtain NPDES permits for discharges from storm sewer systems, and that all such permits must: 1) include a requirement to effectively *'*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 97 Regular Meeting March 14, 1994 e e prohibit non-storm discharges into storm sewers, and 2) reduce pOllutant discharges to the maximum extent possible. Mr. Thompson advised that the NPDES permit process is administered by the Regional Water Quality Control Board, which required the city of Dublin to apply as co-permittee for an NPDES permit with Alameda County, Zone 7 of the Alameda County Flood control District, and the 13 other cities in the County. On July 8, 1992, the city adopted its storm Water Management and Discharge Control Program Ordinance which empowered the city to implement pollution control measures and establish discharge regulations, requirements, and enforcement procedures. em. Burton stated he was bothered that there is nothing in the policy that says what a violation is or who is going to enforce it. He asked where the due process would be with such a generalized authority without anything specific. He stated he realized that it is a requirement of government and the City has to make an effort to correct the problem, but he is against this type of a structure that is ambiguous. It isn't defined and gives an opportunity for someone to abuse their power. Mr. Thompson advised that city inspectors will be going out and they can write a violation. What actually happens is that the city gives warnings and if the city wanted to take something to the District Attorney, the council would be the body to make the decision. staff has been monitoring this on a complaint basis which averages about one complaint every 2 weeks or so. Mayor Snyder asked if there was a time line on when this has to be done. He felt the Council needed to understand what happens when this process goes further. The City could ultimately be fined for not doing what it should be doing. He suggested perhaps Staff could get something in writing from the Regional Water Quality Control Board about what the penalties actually are. Mr. Thompson stated they can come after the City individually with some fairly hefty fines if we don't go along with the program. em. Moffatt felt it would be a good idea to delay resolution on this concept until the education process could be increased for the Council and citizens. A learning process is needed. em. Burton asked if the Regional Water Quality Control Board has the authority to cite? Mr. Ambrose stated the people the city will be using for enforcement are already employed in Public Works. Cm. Burton stated he felt a better definition of just how this will be carried out was needed. He did not want to be threatened. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 98 Regular Meeting March 14, 1994 e e em. Moffatt suggested bringing in someone from the Regional Water Quality control Board to say, "these are the problems, and this is what's going to happen if you don't have it, etc.". Mayor Snyder stated it is part of the "Federal Clean Water Act". em. Houston asked if most of the complaints were homeowners and what about a possible business that could be habitual. Mr. Thompson stated the complaints are usually a one-shot deal. City staff has had real good success with people and situations so far. The whole thing is intent. em. Houston stated he was satisfied with what was presented. Mayor Snyder pointed out that we either do it as part of the County program, or we do it individually. On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous vote (Cm. Howard absent), the Council directed staff to contact someone from the Urban Runoff Program and request that they come out and explain the process. * * * * 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM PROJECT APPLICATIONS (480-30) Senior Planner cirelli presented the detailed staff Report and advised that a total of $81,299 is available from the CDBG Program for Fiscal Year 1994-95. staff proposed to submit an application for this amount, to be spent as follows: 1) $17,162 for Housing Rehabilita- tion; 2) $65,528 for Jurisdiction Improvement Projects which include $44,144 for Heritage Center Renovation and $13,393 for Handicap Ramps for Sidewalks (less $7,991 advance of FY 1994-95 allocation for Bathhouse Renovation); and 3) $6,600 General Administration. Ms. Cirelli advised that the Tri-Valley Haven for Women, Inc., is requesting $40,000 in CDBG funds over the next 4 years to assist in the construction of a community service building. The agency is requesting $10,000 for FY 1994-95 and a $10,000 advance for each of the following 3 fiscal years. The estimated cost of the project is $750,000 and the agency is already committed to raising $100,000 for funding the first 3 years of facility operations. Ms. Cirelli explained that since this is not a city project, if the council approved funding, Dublin would need to enter into a separate contract with the Tri-Valley Haven for project administration and fund tracking purposes. Ms. Cirelli advised that the Kaleidoscope Activity Center is requesting $20,000 of CDBG funds to: 1) help "buy down" or payoff some of their fixed rate mortgage associated with their recent acquisition of the site; 2) renovate the learning area by sizing it appropriately and approximating the typical home environment for *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 99 Regular Meeting Karch 14, 1994 e e independent living skills training; and 3) purchase adaptive, programmatic equipment. The city supported Kaleidoscope with $27,000 in start up funding through CDBG related Jobs Bill for FY 1984-85 and with $5,000 for purchasing a modular handicapped accessible ramp during FY 1991-92. Ms. cirelli advised that similar to the Tri-Valley Haven project, since this is not a city project, the city would need to enter into a separate contract with Kaleidoscope for project administration and fund tracking purposes. Ms. Cirelli summarized that if all project requests, including the Tri-Valley Haven for women, Inc., and Kaleidoscope Activity Center projects, are to be funded with the FY 1994-95 CDBG funds, the requested funding amounts would have to be decreased for all projects. Staff recommended that only the city of Dublin projects be funded at this time. Cm. Burton questioned how much of the budgeted $10,820 in housing rehabilitation money we had used this past year. Ms. Cirelli stated she thought most of that amount had been used. Mr. Ambrose clarified that we don't budget these funds; they don't pass through the city's books. em. Moffatt asked exactly what the $6,600 budgeted for General Administration is used for. Ms. cirelli stated this amount would be used to cover staff time spent working on CDBG projects. Mr. Ambrose stated this is the second year we have used this amount. with the onset of the property tax takes from the state, we have had to look at how to cover staff costs to administer this program and those projects related to the program. The City will be utilizing the amounts included for administration. Cm. Moffatt asked if there was a cost accounting available on this type of activity. Mr. Ambrose stated there is, but the city hasn't incurred all of its costs yet. This year, 1993-94 is the first year the City has taken advantage of it. Helen Meyer, Tri-Valley Haven for Women Executive Director clarified that the money they are requesting is not for shelter services, but specifically to build a community building to serve victims of domestic violence and sexual assault who are not living in shelters. Twenty-two percent of the people they serve are Dublin residents. Livermore has already put about $280,000 into this project and they anticipate putting an additional $70,000 in if their City Council approves the Human Service Commission's recommendation. Pleasanton *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 100 Reqular Meeting Karch 14, 1994 e e has also been contributing for the last 6 years. The Tri-Valley Haven has been serving the citizens of Dublin for 15 years. Because Dublin is not an entitlement city, its CDBG allocation is considerably smaller than Livermore. Thus, their request from Dublin is more modest. Cm. Burton asked if they had a building location. Ms. Meyer explained that the city of Livermore has given them a 50 year lease at $1 per year, on a 1.1 acre piece of land. If Dublin and Pleasanton put money into this, there will be a joint jurisdiction agreement necessary. Again, she clarified that this is not a shelter. Clare Jost, Executive Director of Kaleidoscope Activity Center stated she also appreciated the fact that Dublin is not an entitlement city and therefore, gets far less funds. They find it frustrating to be asked all the time by Pleasanton and Livermore if Dublin is supporting their efforts. They were asking for some form of support. Their mortgage is a $90,000 note and once a year they have a window to buy a partial buy-down. This occurs in December. After each buy-down, the loan gets reamortized. They currently pay 7% interest. They are a State recognized program. Cm. Moffatt stated he would like to take $20,000 from the $44,144 Heritage Center Renovation and give $10,000 each to the Tri-Valley Haven for Women and Kaleidoscope Activity Center. Cm. Burton agreed with the stipulation that the money would not pay for programs, but rather just for buildings and the mortgage buy-down. On motion of Cm. Moffatt, seconded by em. Burton, and by unanimous vote (Cm. Howard absent), the Council directed Staff to submit applications for $81,299 in CDBG funding for FY 1994-95 to be broken down $17,162 - Housing Rehabilitation; $24,144 - Heritage Center Renovation; $10,000 - Tri-Valley Haven for Women; $10,000 - Kaleidoscope Activity Center; $13,393 - Handicap Ramps for sidewalks; and $6,600 - General Administration. The Council clarified that the funding for Tri-Valley Haven for Women and Kaleidoscope Activity Center were for one-year only. * * * * CHANGES IN STATE LAW RELATED TO THE BROWN ACT (610~20) city Attorney Silver advised that the Ralph M. Brown Act, known as the Open Meeting Law, has been significantly amended by three bills (Assembly Bill 1426, Senate Bill 36 and Senate Bill 1140), which were signed into law on october 10, 1993. The amendments become effective April 1, 1994. As discussed in the Staff Report, the amendments add a definition of "Member of LegiSlative Body" and defines the term "Meeting". FOllowing a closed session,' the Council must convene in an open *@*@*'*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CH - VOL 13 - 101 Regular Meeting Karch 14, 1994 e e session and report any action taken. Meetings may be recorded and/or broadcast by the public and the audio tapes made by the City Clerk must be retained for 30 days before being erased. Meetings must be held within the city of Dublin except in limited situations. The amendments provide clarification regarding the agenda and discussion of items not on the agenda, and also clarify the notice and hearing requirements for imposing or increasing taxes or assessments. The amendments clarify the circumstances justifying a Closed Session and require the council to report actions taken in Closed Sessions. Staff Reports and other documents distributed to the council at a public meeting must be available for inspection at the meeting. While the penalty for violation is still a misdemeanor, language has been added related to wrongful intent to deprive the public of information to which it is entitled. The District Attorney may bring an action to determine an action is null and void because of violation of the Act. Mayor Snyder asked for specific comments related to the Audit Committee composed only of 2 Councilmembers, and if the requirements would change if different people were appointed annually. Ms. silver stated she felt this would fall under one of the exceptions as this committee would deal with ongoing subject matter. They therefore would be a legislative body. If appointments were made annually and it had a discreet responsibility, then it would not fall under the definition of a legislative body. It would not be a standing committee. Ms. Silver stated the other standing committee she reviewed which she felt has continuing sUbject matter jurisdiction was the Nominating Committee; the way it is currently created. In answer to a question about ad hoc committees, Ms. Silver responded that regardless of what the committee is called, you must review the composition of the committee, its purpose and what it is doing. If they fall under the Brown Act, agendas must be prepared, notices must be posted, the meetings must be open to the public, and held in a location which is accessible by the handicapped. This will result in a financial increase to the city and impact the workload of the city Clerk as a result of additional Staff time necessary to prepare notices and agendas for all the meetings. Ms. Silver stated she wasn't sure there was any rhyme or reason to some of the amendments or the affect of some of the amendments. Cm. Burton indicated that basically everything the council does in the future must be agendized and noticed, etc. Mr. Ambrose stated another fact that should be faced is if the city must jump through all these additional hoops, why not just bring the issue directly to the council. The Council would need to look at each group on a case-by-case basis. Under the Brown Act, if someone so requests to be notified, the City Clerk must send out a notice of a meeting one week in advance and then must provide the agenda at ,least 72 hours prior to the meeting. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 102 Regular Meeting March 14, 1994 e e seriatim (serial) meetings were discussed. Cm. Moffatt questioned how "other Business" would be handled if the council has reports they wish to give. He questioned if they can still do this? Ms. Silver stated informational only items may be presented by individual Councilmembers and/or Staff under the Other Business section of the agenda. Informational items are perfectly permissible because no action is being taken. If a Councilmember simply wants to advise the council that they attended a meeting, or if Staff wants to remind the Council of upcoming meetings, this can be done under other business as information only. Any report requiring Council action or consensus would, however, have to be listed separately on the agenda and the Council should advise the city Clerk by the deadline established in the rules of any such items. In summary, Ms. Silver suggested that the Council discuss the amendments, determine which groups should continue to exist as "Legislative BOdies", and adopt the Resolution amending Resolution No. 145-86 establishing rules for the conduct of meetings of the Dublin City Council. The major change which will affect Dublin will obviously be the expanded definition of legislative bodies. This will impact the City Clerk's Office because of all the notices and agendas which will have to be prepared. Ms. Silver advised that with regard to Closed Sessions, the Council will need to reconvene in open session following all closed sessions and report any actions taken and the vote. She suggested that this be done orally and also in written form. A form for such reporting was developed following the State's guidelines and included in the Staff Report. Mr. Ambrose asked if the City has a case where someone sues the city and the Council gives settlement authority, but there is no agreement yet with the other party, how disclosure occurs. Does it have to be put back on the agenda for a vote? Does it have to be announced? On some issues of this nature, if the city waits too long, it may lose the agreement. Ms. Silver indicated that the Brown Act says when the final approval rests with some other party to the litigation or the court, this does not have to be announced, because there is no settlement at that point. She would convey the offer to opposing counsel and if they agree to the settlement offered, then that information will have to be disclosed and the substance of the agreement will have to be reported. That could occur at some point after the Council meeting, so it would be disclosed at the next Council meeting. Mr. Ambrose questioned if this could be verbally announced or if it would have to be an agenda item. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@A@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 103 Regular Keeting March 14, 1994 e e Ms. silver stated the Brown Act doesn't specifically say how this is to be handled, but she felt it would be best to list it as an informational item on the agenda. city Clerk Kay Keck reviewed the revised set of council meeting rules prepared incorporating the necessary changes. She recommended that the deadline for notification of agenda items by staff, Council- members, the public, etc., be changed to 11:00 a.m., of the Tuesday immediately preceding a regular council meeting. Ms. Silver stated she found it disturbing that the state Legislature finds it necessary to check to make sure we dot all the i's and cross all the t's. Most of the amendments are not changes in the law or what is actually done. The most significant practical change will be having to notice and prepare agendas for all the legislative bodies and to report the action taken and the vote in closed session. em. Moffatt indicated he attended a seminar, along with Ms. Keck where there were 12 attorneys in an audience of about 100 people. Four attorneys made the presentation, and it was amazing that there was a lot of disagreement on some of the fine line concepts. staff and the Council discussed the frustration that all these new rules don't also apply to the state Legislature; they have exempted themselves from the rules. On motion of em. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the council adopted RESOLUTION NO. 28 - 94 AMENDING RESOLUTION NO. 145-86 ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNeIL OF THE CITY OF DUBLIN On motion of Cm. Burton, seconded by em. Houston, and by unanimous vote (em. Howard absent), the Council determined that the Nominating Committee and the Audit Committee should be disbanded. The council will deal with the Audit on an annual basis to determine how this will be handled. These will no longer be standing committees. * * * * OTHER BUSINESS Informational Items (610-05) Mr. Ambrose reminded the Council of the Livermore Valley Leadership Group which is meeting at 5:00 p.m., on Wednesday, March 23rd. em. Moffatt reported that the League of California cities committee on Local Government Reform had met and he distributed information. It was decided that the Council wouldn't be doing anything because of changes until it gets the ABAG report. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 104 Regular Meeting March 14, 1994 e e Mayor Snyder reported that the ABAG report was completed and it will go to the Executive Board this week. This will be a topic at the ABAG General Assembly meeting on April 20th. Cm. Moffatt suggested that this be placed on the agenda sometime in April in order for the Council to get a consensus. Mr. Ambrose advised that ABAG will be recommending support for AB 398, related to sUb-regional planning bodies. Mayor Snyder stated ABAG will support it only with amendments and it has to be amended dramatically. He stated his personal feeling was that it will die this year. SB 153 has already died and the impetus is not on reorganization anymore; it's on other things. * * * * Recvclinq (810-60) em. Burton reported that at the st. patrick's Parade as he was walking through the streets, Katie Dorn complained to him that the garbage company is not picking up certain plastic milk cartons in the recyclables and they just throw them back in the street. She has to take them to Livermore. Apparently, the Livermore garbage company picks them up. staff responded that only those items labeled PET1 can be placed for picked up. No one in the area picks these up. There is no program in the County to do this. Mayor Snyder stated this very thing was discussed at the Waste Management Authority earlier in the day and it will be further discussed as part of their seminar agenda this October or November. The highest number of calls to the WMA hotline are relative to this issue, because there is no program except for the PET1 bottles. No one is interested in getting into this because of the cost. em. Burton passed the information to Staff and requested that someone contact her and advise her of the correct facts. * * * * CLOSED SESSION At 10:20 p.m., the council recessed to a closed session to discuss Pending Litigation (640-30), in accordance with Government Code section 54956.9(a): 1) Dublin vs. Pleasanton, Case No. V-007073-9; 2) Butler vs. city of Dublin - San Mateo county Case No. 385533. * * * * *@*@*@*'*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 105 March 14, 1994 Regular Meeting ~ e e ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:45 p.m. * * * * Mayor ATTEST: city Clerk * * * * Reqular Keeting March 14, 1994 *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ OM - VOL 13 - 106