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HomeMy WebLinkAboutItem 4.01 Approve 06-08, 09, 22, 1992 Minutes REGULAR MEETING - JUNE 8, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, June 8, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 36 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder ABSENT: None PLEDGE OF ALLEGIANCE (610-20) The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION TO THE DUBLIN POLICE SERVICES (150-10) A presentation was made by Mary Eversley, Dublin High School Principal, to the Dublin Police Services . She indicated there was a good working relationship between Dublin High School and the Dublin Police Services. She stated the Dublin Police have always been professional and very supportive. Captain Rose and Lt. Gomes accepted the award on the behalf of everyone at the Dublin Police Services. Heinz Gewing, Superintendent of the Dublin Unified School District, presented a plaque to City Manager Ambrose and the Staff in the Building, Planning, and Recreation Departments for their outstanding support of the Dublin Unified School District. Mr. Ambrose acknowledged the good working relationship between the City and the School District and together a lot had been accomplished for the community. Heinz Gewing made the presentation of a plaque to the Dublin City Councilmembers for their outstanding support of the Dublin Unified School District. He stated that it was very unique to have the kind of support the School District has received from the City on the behalf of the community. He knew of no other case where a School District and City Council worked together for the benefit of the children in their community. Mayor Snyder stated he was very glad for the relationship that had been developed between the School District and the City. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#o#%#%#%#%#%#o#o#o#% CM - VOL 11 - 223 Regular Meeting June 8, 1992 -------------------------=-------------------------------------------- COPIES TO: ITEM NO. J• t CUSTOMER SERVICE AWARD FOR JUNE (150-90) City Manager Ambrose presented the June Customer Service Award to David Choy, Associate Planner in the Planning Department and current Chair on the Customer Service Committee. David was nominated by his peers for demonstrating exemplary customer service skills. David was presented with a restaurant gift certificate and a coffee mug displaying the City' s customer service motto. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions : Approved Minutes of Regular Meeting of May 26, 1992; Accepted Gift of $200 to City for use at the Dublin Senior Center from the Dublin Women' s Club and directed Staff to prepare a formal acknowledgment to the donors. ( 150-70) Adopted RESOLUTION NO. 60 - 92 APPROVING PRELIMINARY ENGINEER'S REPORT CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) (360-20) and RESOLUTION NO. 61 - 92 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 and set a . public hearing date of August 10, 1992 for the purpose of hearing protests to the proposed assessment. Mr. Burton abstained from voting on the above item due to the fact that he owns property within the Assessment District. Received the City Treasurer' s Investment Report as of May 31 , 1992 (320- 30) ; #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 224 Regular Meeting June 8, 1992 Adopted RESOLUTION NO 62 - 92 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511 ) (360-20) and RESOLUTION NO. 63 - 92 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 Adopted RESOLUTION NO. 64 - 92 APPROVING A REVISED RISK COVERAGE AGREEMENT FOR LIABILITY INSURANCE COVERAGE PROVIDED BY ABAG PLAN (170-30) and RESOLUTION NO. 65 - 92 AUTHORIZING PARTICIPATION .IN A SELF-INSURED PROPERTY INSURANCE PROGRAM OFFERED BY ABAG PLAN (170-30) and authorized the execution by Staff of the Revised Coverage Agreement. Mr. Ambrose requested that the wording be changed from "General Fund Contingent Reserve" to "Additional Revenues" on the budget transfer of $28, 781 . It will not be a transfer from the Contingent Reserve Fund. Authorized a budget transfer of $28, 781 from Additional Revenues to CDBG account(480-20) . Adopted RESOLUTION NO. 66 - 92 APPROVING QUITCLAIM DEED FOR FEE TITLE FOR SIERRA LANE WITHIN TRACT 5900 TO BJ DUBLIN COMMERCIAL (670-40) Approved Warrant Register in the amount of $427, 465 . 47(300-40) . #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 -. 225 Regular Meeting June 8, 1992 Cm. Jeffery requested the Minutes of May 28, 1992 be pulled from the Consent Calendar. She wanted an addition to Page 220 of the Minutes of May 28, 1992 under "the motion by Cm. Burton, seconded by Cm. Moffatt, and by a consensus, the Council agreed to proceed with alternative 3 .b, reduce the number of allowable units to a maximum of 74 units, eliminate the Brittany Drive extension and provide an emergency vehicle access route (the cluster development alterative) . " The addition would be "Cm. Jeffery and Mayor Snyder voted against the motion. " On Motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council approved Minutes of Adjourned Regular Meeting of May 28, 1992 . REQUEST TO CLOSE BURTON STREET FOR FOURTH OF JULY BLOCK PARTY (650-50) The City had received a request from Richard Heller to close Burton Street from 11 : 00 a.m. to 11 :00 p.m. on Saturday, July 4, 1992 for a block party. Public Works Director Lee Thompson presented the Staff Report and advised this request was similar to that received in prior years from the residents of this street. The typical conditions for this type of request were the residents obtain an encroachment permit, either purchase special event insurance through the City or provide an insurance certificate from individual homeowners, policies, and provide lighted barricades which were to be monitored at all times. Other conditions related to litter cleanup and the use of alcohol by adults only. Cm. Jeffery felt it was very good that this community did it every year. Cm. Moffatt asked how many years had this block party been done? Mayor Snyder estimated it was about ten years. On motion by Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council allowed the request to close Burton Street for the July 4th Block Party. PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) Mayor Snyder opened the public hearing. Staff presentation by Public Works Director Lee Thompson. In 1983, the City Council formed a Citywide Street Lighting Assessment District to replace the County of Alameda Lighting Service Area. On #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 226 Regular Meeting June 8, 1992 August 13, 1984, the City Council approved the annual Engineer' s Report and ordered levy of assessments for the first time. Although it was anticipated the costs would increase slightly including energy, the 1992-93 District Assessment was proposed to decrease by approximately $1 , 198 compared to Fiscal Year 1991 -92 due to an attempt to hold the reserve constant rather than to have it increase. The District boundary would change to include recent annexations of the Hansen Ranch and Donlan Canyon project areas, which would be assessed "vacant land" until such time as construction took place. Last year' s assessment for a single-family house was $18.80 . The actual assessments would be calculated once Staff had received the updated tax rolls from the Assessor' s Office, but the estimated single-family assessment for 1992-93 was expected to be slightly less . Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 67-92 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 PUBLIC HEARING ORDINANCE AMENDING THE CITY' S CONFLICT OF INTEREST CODE (640-40) Mayor Snyder opened the public hearing. City Attorney Silver advised on May 26, 1992, the City Council conducted a public hearing and introduced an Ordinance which would amend the City' s Conflict of Interest Code. This Code requires that no public official at any level of local government should make, participate in making or in any way attempt to use his/her official position to influence a governmental decision in which he/she knew or had reason to know he/she had a financial interest. Government Code Section 87306. 5 required local agencies to submit to their code reviewing body, a biennial report identifying changes in its Conflict of Interest Code, or a statement that no amendment was needed. Changes being proposed recommended the Administrative Services/ Finance Director, Recreation Director, and the Assistant City Manager positions be added to the Code. This would mean these positions would be required to complete Statements of Economic Interest in the future. The Title of "City Engineer" would be amended to "Public Works Director/City Engineer. " #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#o#%#%#%#%#%#o CM - VOL 11 - 227 Regular Meeting June 8, 1992 The Fair Political Practices Commission (FPPC) required the position of "Consultant" be listed as a designated employee. The City Manager may make determinations as to which of these consultants must file Economic Interest Statements . Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8 - 92 AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE PUBLIC HEARING STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM ( 1030-20) Mayor Snyder opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised recent amendments to the Federal Clean Water Act and the California Regional Water Quality Control Board have made it necessary to adopt plans and programs to meet specific requirements . This included: 1 ) effective prohibition of non-storm water discharges into the storm sewer; and 2) establishment of controls to reduce the discharge of pollutants from storm water systems to waters of the United States. The City had entered into an agreement to implement the Alameda County Urban Runoff Clean Water Program. This proposed ordinance would empower the City to implement pollution control measures that satisfy the program' s requirements . The proposed ordinance would establish discharge regulations, requirements, and enforcement procedures, provide for coordination with other programs, and establish a procedure for contracting emergency clean-up of hazardous materials . Mr. Thompson reiterated this was a part of a mandated program. At the last City Council meeting where this ordinance was introduced, the Council asked if there was some mechanism to allow appeals to the City Council. The City Attorney reported a citation for an infraction or misdemeanor cannot be appealed to the City Council because it was basically a notice to appear in court. There were several other violation processes the City could take that would allow City Council to have input. Staff would be preparing an implementation policy for the Council to review prior to the City issuing any citations. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#o#o#%#o CM - VOL 11 - 228 Regular Meeting June 8, 1992 Cm. Burton stated he wanted a way a person could come before a public body if he felt he was being unjustly handled. He indicated in the agenda statement reference was made that Staff was going to prepare a policy for Council review to deal with the violations prior to the beginning of the enforcement procedures. He asked if that would be part of the motion approving the ordinance or would it have to be voted on separately. Mayor Snyder indicated if it was a policy statement, it would have to be adopted as a policy statement. Cm. Burton asked if it should be included in the motion for adoption of the ordinance tonight. Mr. Thompson indicated Staff would have to come back to the Council with a policy. Cm. Burton stated before the court proceeding, he wanted to see an appeal process. He asked if it was enough that it was on the agenda statement that it would happen. Mr. Ambrose responded it depended on the policy the Council approved and the procedures to enforce the ordinance. If the method of enforcement was an infraction, there would be no method to appeal to the Council. If the Council chose to direct Staff to use other methods of enforcing it, there would be a possibility for appeals. That would be adopted by resolution and not be part of the ordinance. Cm. Burton stated he did not want it to fall between the cracks if the Council passed the ordinance tonight without the appeal process. He wanted to ensure the appeal process would be developed sometime before the enforcement started. City Attorney Silver indicated part of the motion for the adoption of the ordinance could be to direct Staff to bring the resolution back to the Council within a certain period of time. Mayor Snyder asked if there were any members of the audience who wished to address the Council on this issue. He clarified once this ordinance was established, it created strict regulations in regard to dumping anything into a storm sewer. This was brought to the community not by the City of Dublin, but was a part of the requirements of the Federal Clean Water Act. Only pure water would be allowed down the drain. Anything dumped on the street was the same as dumping down the drain. There would be heavy penalties to the City if pollutants go into the stream. Cm. Burton indicated he understood pollutants cannot be put into the drain, but the ordinance would also include sweepings and dirt on the sidewalk. He felt it was a serious ordinance and he wanted some kind of public feedback so the Council could see how the program was going and if people felt they were being unfairly handled, there would be a way they could appeal to the Council. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#o#%#%#o CM - VOL 11 - 229 Regular Meeting June 8, 1992 Mayor Snyder cautioned regardless what the City Council determined, if there was a higher authority that presumed the City had not been responsible, then the City ultimately was responsible regardless of individual acts . A member of the audience asked if there would be specific monitoring points throughout the City. Mr. Thompson indicated as part of the program, Dublin had a permit with the other cities in the County and monitoring stations had been set up near major channels . This monitoring had been going on for the last three years. The idea was to try to reduce heavy metals so it did not get to the bay. Another member of the audience advised parts of San Ramon dump into the same drainage areas as Dublin. He asked how would the monitoring be done to determine whose fault it would be. Mr. Thompson indicated it had not been addressed as yet. The Regional Water Quality Board had required counties to start implementing the program. It was started in the south bay where poor water quality started due to lack of circulation. Each county would eventually be required to implement the program. Dr. Scudder indicated the old rule of thumb in regard to this type of runoff was in the first half hour of a hard rain, the runoff was often the equivalent of sewerage, so we would be trying to control something that was not very good in the first moments the rains started. Mr. Thompson agreed the rains would bring anything that happened to be on the streets or sidewalks . But what was trying to be controlled was the illegal dumping of people changing their oil and cleaning their rugs. Many people did not realize it was not supposed to be dumped in the storm drains so it would be an educational process . Guy Houston asked why the ordinance could not be changed to address people dumping oil down the drain rather than debris on the sidewalk. Mr. Thompson indicated the ordinance said anything other than storm water. The City did not want people taking their grass clippings and dumping them into the storm drain. The point where people actually dump down the drain was where fining would be done. A member of the audience asked if there would be some kind of brochure sent out. Mayor Snyder indicated there would be lots of educational offerings in regard to the dumping in storm water drains. Mr. Thompson stated there would be a brochure that would go out. One member of the audience stated the street sweeping services would no longer be needed so the City could save some money there. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 230 Regular Meeting June 8, 1992 Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 92 ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM with the provision the Staff would prepare a policy for the Council to review for dealing with the violations prior to the beginning of the enforcement procedures. PUBLIC HEARING TRIP REDUCTION ORDINANCE (TRO) (590-80 ) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised the passage of Proposition 111 in 1990 established a State-mandated Congestion Management Program (CMP) . Proposition 111 provided for a nine cent gas tax increase. The increased gas tax imposed new requirements on local government to curb congestion on California' s transportation network. CMPs were required in each urban county. One of the key components of the Alameda County Congestion Management Program was the implementation of trip reduction and travel demand strategies. The Trip Reduction and Travel Demand element of the CMP required the adoption of a Trip Reduction Ordinance (TRO) by each jurisdiction in Alameda County. The deadline for adopting the TRO was June 30, 1992 . The impact of not adopting and implementing the Ordinance would be the possible loss of Federal ISTEA monies and State Gas Tax monies. It was proposed the City implement its Trip Reduction Ordinance through the hiring of a half-time Staff person who would manage the Commute Alternatives Information Program. This person would develop the printed materials, contact employers to inform them of the Program requirements, conduct training classes for the employer's commute coordinators, and monitor the Program. The employers must make a good faith effort to educate their employees and try to encourage reduction in vehicle trips during the rush hours . During the first three program years, only businesses with more than 100 businesses would be required to participate. By the fourth program year, businesses with 50 or more employees would be included. The estimated number of Dublin employers with over 100 employees was eleven, and with over 50 employees was eighteen. The Ordinance did set a #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 231 Regular Meeting June 8, 1992 penalty of $250 per day if an employer refused to comply with the Ordinance after a 90-day notice. These funds would go to the City. Cm. Burton asked if any effort was made to work together with the Tri Valley Council or other agencies or cities. Dublin had only twenty- eight businesses that would fall under the mandate. He felt they should be pretty easy to monitor and train. He felt this should be set up in conjunction with other cities rather than set up as a separate division. Mr. Thompson explained it would be half of a part-time person to establish the program and after one year, it would be reviewed how the program had been developed. The other alternate would be to hire a consultant such as the City of Pleasanton which had four Staff that were involved in the trip reduction program. Cm. Burton wanted to know how many hours it took to train eleven businesses. Mr. Ambrose indicated it was not a matter of training, but there was also the follow-up. Staff was proposing for a one year period for a half time person in the budget to do the training and follow-up. But Staff would also be looking at the possibility of contracting with Pleasanton who already had three full time people doing the job. Cm. Burton felt since finances were tough, this would be another $24, 000 . Cm. Jeffery indicated the City did not have much of a choice. Mr. Ambrose explained it was an on-going situation due to the CMA requirements. When examining the streets in Dublin which had an A, B, or C level of service, what this program was attempting to achieve will not really put a dent in the problem. The program was mandatory with the City receiving half million in gas taxes each year. If the City was out of compliance with the program, those monies were in jeopardy of being lost. Mr. Thompson advised in six months, the City may have to revise their ordinance to match the ordinance created by the Bay Area Air Quality Control Board. Cm Moffatt saw in the media an advertisement for a $20 rebate or award for people that were in the program and using other than automobiles to get to work. Would this be part of the program? Mr. Thompson responded it was part of the program to encourage employers to make rebates available to their employees. An employer could give an employee $21 per month if the employee took some kind of mass transit or car pooling. It became tax free to the employee. Cm. Moffatt asked if employers were able to participate in the program even if it was not mandatory to them because they had less than 50 employees. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 232 Regular Meeting June 8, 1992 Mr. Thompson thought they could. Cm. Jeffery indicated the tax rebate was for every employer that participated. When she was in Washington, D. C. , they tried to convince the Legislators to make it $60 so that it would encourage more people to get out of their cars. Mayor Snyder opened the discussion to the public. There being no comments, Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and INTRODUCED the Trip Reduction Ordinance. WESTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN (420-30) Planning Consultant Brenda Gillarde indicated at the City Council meeting on May 28, 1992, several aspects of the Western Dublin project were addressed. The Environmental Impact Report (EIR) for the project was reviewed for adequacy and was certified by the Council as complete and adequate pursuant to CEQA guidelines . The Council directed Staff to incorporate in resolution form the following: 1 ) the land use concept for the Milestone property was revised to reflect no more than a maximum of 74 units, no Brittany Drive extension, one public access road via the Hansen Hills Ranch subdivision, and the southerly alignment for the emergency vehicle access route; 2) the land use concept for the Eden/Schaefer property would remain at no more than a maximum of 3, 131 units, development in Upper Elderberry and Wildflower canyons, an 18 hole championship golf course, and a pedestrian-oriented "village center; " 3) the City' s existing General Plan policies were amended regarding the City' s policy regarding 30 percent slopes, oak and riparian woodland protection to accommodate the development concepts described in the Western Dublin Specific Plan, as revised by the Planning Commission and the City Council; and 4) other minor adjustments to the General Plan Amendment and Specific Plan were made as recommended by the Planning Commission, Staff, and the City Council. The four components of the resolution consisted of: 1 ) the adoption of the General Plan Amendment in regard to development on slopes over 30 percent and oak woodland and riparian woodland #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 233 Regular Meeting June 8, 1992 protection, and modify the City General Plan Land Use Map to reflect the land uses described in the Western Dublin Specific Plan; 2) the adoption of the Specific Plan, which would make the draft Western Dublin Specific Plan the policy and land use document for Western Dublin. The Specific Plan did not approve a particular development proposal, but rather established the type, amount, and location of development in Western Dublin. 3) the adoption of Findings and a Statement of Overriding Considerations was required by CEQA for a project which an EIR had been certified which there had been significant environmental effects identified. For each significant impact identified, there must be a written finding made. Ms. Gillarde indicated there were some minor word changes to the resolution which City Attorney Silver would address . There were six unavoidable adverse impacts which were 1 ) alteration of Eden Canyon for a main access road into the project; 2) major landform alteration resulting from project grading; 3) visual impacts on the existing Morris residence due to landform alteration; 4) loss of significant stands of coast live oak woodland, riparian woodland, and natural stream corridors; 5) contribution to regional ozone emissions; and 6) expansion of wastewater facilities. All the alternatives with the exception of the cluster development alternative for the Milestone Property were found infeasible. 4) the adoption of the Mitigation Monitoring Program which State Law requires public agencies to adopt for projects for which an EIR had been prepared and mitigation measures approved to reduce identified environmental impacts . A mitigation monitoring program must identify 1 ) who is responsible for monitoring the mitigation; 2) what is the mitigation measure being monitored and how; 3) when should the mitigation be monitored and for how long; 4) when should the mitigation be completed and in place; and 5 ) what agency was required to ensure implementation of the mitigation measure. City Attorney Silver indicated the draft resolution had been revised and distributed to the Council before the meeting. The changes were provided more for clarification to the mitigation and the impact. The revision to the resolution was on page 5, with the following addition: "BE IT FURTHER RESOLVED THAT the Dublin City Council finds and declares that the rationale for each of the findings set forth in Sections 1, 2, 3, 4 and 5 of its findings (Exhibit A) is contained in the paragraph preceding each finding, entitled "Mitigation Measures, " in Exhibit A. The Council further finds that the mitigation measures for each identified impact in Exhibit A make changes to, or alterations to, the Western Dublin General Plan Amendment and Specific Plan, or are measures incorporated in the Western Dublin General Plan Amendment and Specific Plan that, once implemented as described in the Mitigation Monitoring Program (Exhibit B hereto), will avoid or substantially lessen the significant effects of the Western Dublin General Plan Amendment and Specific Plan on the environment. " #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 234 Regular Meeting June 8, 1992 In the Findings which consisted of Exhibit A and Exhibit B, there were no changes to Exhibit B which was the Mitigation Monitoring Program. But there were changes to Exhibit A, which was Findings and Statement of Overriding Considerations . The wording changes would not change the findings, but make the findings more specific and provide clarification. Cm. Burton questioned if the water tank would come under the jurisdiction of Dublin San Ramon Services District. Ms. Gillarde indicated DSRSD recognized there were aspects of their infrastructure that will need to have further environmental review. Once the Western Dublin was approved, DSRSD boundaries would be expanded to include Western Dublin. Then DSRSD would be responsible for undertaking the additional environmental review. The City would become a reviewing agency. Cm. Burton asked if at this stage, it was the City that was reviewing the plans . Mr. Ambrose indicated the City would be making the evaluation. Any public works project that was built in the City had to come to the City Planning Commission for General Plan Conformance. Mayor Snyder asked if there were any other questions for Ms. Gillarde or Ms. Silver. Cm. Howard asked Ms. Silver if the Council was not ready to vote tonight, could two resolutions be brought back to the Council . Ms. Silver indicated Staff would need some direction if Council wanted two resolutions brought back. Staff would need to know what other kind of resolution to prepare. Mayor Snyder stated Staff recommendation was to adopt resolution adopting Western Dublin General Plan, Western Dublin Specific Plan, and make the findings . Cm. Jeffery wanted to make one more pitch that the City did not change the General Plan designation that was on the Milestone Property now. The Council did promise the people to leave the hills alone and in that particular project, there would be removal of masses of trees and a lot of grading. It should be left as a rural residential designation. She did not think it was appropriate and she felt it was not what the citizens of Dublin wanted. Cm. Howard made a motion, seconded by Cm. Jeffery that Staff bring back two resolutions to the Council, one resolution would be the one presented and a second resolution that would designate Milestone Property as rural residential. Cm. Moffatt felt the General Plan Amendment would say development could be on over 30 percent slope provided the natural contour remained or the hills were sculptured. It was his understanding the Milestone #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 235 Regular Meeting June 8, 1992 Development would not be a pad type development, but it would be clustered. He felt anyone building a custom type home would not be cutting down all the trees, but would leave some of the natural beauty. If there were going to be custom type homes, the design review would come back to the Planning Commission and City Council in order to approve the type of home being built and the number of trees taken. He felt the old concept of building in Dublin was changing. Cm. Jeffery indicated she could not control what a future council would do, but she could control her vote. On page 37 of the Findings, it was indicated mass grading was proposed for the Milestones Development with a section of the Cronin Ridge being lower and part of Martin Creek Canyon would be filled. Cm. Burton responded there was mass grading on Eden Development. A substitute motion was made by Cm. Burton, seconded by Cm. Moffatt for the adoption of the Western Dublin General Plan Amendment, Specific Plan including the changes that were presented to the Council that night in the Resolution and Exhibit A as presented by Staff. Cm. Moffatt asked if there was any consensus of the Eden Project to be graded down to cluster development. Cm. Burton responded that Eden Development had not been brought up at all . Cm. Moffatt wanted to know if there had been any shifting in concepts of leaning towards the cluster development alternative where there would not be the grading in the Upper Edenberry Canyon. Mayor Snyder indicated the motion was dealing with only the materials that had been presented than evening. He recommended that if Cm. Moffatt wanted to modify the General Plan to vote against the motion. Cm. Burton called for the question. The motion failed with Cm. Jeffery, Cm. Howard, and Mayor Snyder voting against the motion. Cm. Moffatt asked if there was any way to change the Eden Development to a cluster development to reduce the grading on Elderberry and Hollis Canyon. Mayor Snyder responded it was not financially feasible to develop as clusters. Cm. Jeffery called for the question on voting for the main motion. On motion by Cm. Howard, seconded by Cm. Jeffery, by majority vote, the Council directed Staff to bring this item back to the July 13, 1992 meeting with two resolutions, one resolution was the resolution presented at that meeting, and a second resolution that would approve the project as proposed for the Eden Property and the Milestone property would be designated as rural residential alternative. Cm. Burton and Cm. Moffatt voted against this motion. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 236 Regular Meeting June 8, 1992 REGIONAL WILDLIFE, OPEN SPACE, SHORELINE AND PARKS BOND - LOCAL GRANT PROGRAM (MEASURE AA FUNDS) (920-60) Recreation Director Lowart presented the Staff Report and indicated at the April 27, 1992 City Council meeting, the Council adopted Resolution No. 49-92 approving application to the Local Grant Program under the East Bay Regional Park District Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance (Phase II) for the Mape Park renovation, Dublin Sports Grounds renovation, and the acquisition and renovation of the original Murray Schoolhouse and the old St. Raymond' s Church. The Council also requested the Parks & Recreation Commission review the three eligible projects and make a recommendation as to which projects should receive the funds . The Parks & Recreation Commission met on May 12, 1992 and considered the use of these funds . The Commission generally agreed the funds should be spent on those high priority projects which benefit the greatest majority of residents. The Commission also indicated it was premature to prioritize the Heritage Center with other park capital projects until such time the property was acquired by the City. At the May 27, 1992 City Council meeting, Cm. Burton suggested the grant funds only be utilized for the acquisition and renovation of the old St. Raymond' s Church with the original Murray Schoolhouse and Dublin Cemetery being dealt with at a later time. The costs for each project was as follows : 1 ) the Dublin Sports Grounds Renovation - Phase I would "be $208, 675; 2) Mape Park renovation would be $220, 610; 3) old St. Raymond' s Church acquisition and renovation would be $75, 537; and 4) the Heritage Center acquisition and renovation would be $164, 160 . Complete applications for Phase II projects are due June 15, 1992 . City Attorney Silver indicated there was a mistake on the escrow instructions on the Dublin Cemetery in that the purchase price was indicated as $10, 700 and it should be $1 . 00 . The Attorney for the Dublin Cemetery had reviewed the documents for the acquisition of the Cemetery and there was no problem with the agreement or escrow instructions, but although the Board had approved the transfer in concept, a vote of the membership was required. Cm. Burton asked if the City had all the documents to make the decision on the Heritage Center. Ms . Lowart said no, they needed the CEQA requirements from the County of Alameda. There was a 30 day noticing period for the notice of exemption. It was mailed in time to meet that noticing requirement, but was not in hand. It was expected to be in hand by June 12, 1992 . #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#o#% CM - VOL 11 - 237 Regular Meeting June 8, 1992 Cm. Burton asked if the restriction on the property to the Cemetery, was going to cloud the application. Ms . Silver indicated it would be up to the Parks District to determine. To apply for the funds, the City had to show it had title to the property or was about to acquire title to the property. She felt the deed restriction restricting the property to Cemetery uses had to be lifted in order to use the property for the location of a historical building such as the old schoolhouse. Cm. Burton stated he had spoken with Ms . Lowart and the City could reapply for the bond money if one of the projects like the Cemetery should hold things up. Ms. Lowart indicated it was her understanding if the City submitted certain projects and the City changed its mind about which projects to request funding, the City could submit in writing and request the Parks District consider a separate project, but the City would also have to give reasons for not wanting to use it for the original project. Cm. Burton asked what the time period would be. Ms. Lowart advised the applications were due the 15th of June and would be reviewed with information back to the City in July. Then an agreement would be sent out in July or early August. City Attorney Silver indicated it would be the responsibility of Dublin Cemetery to lift the deed restriction but there was no time limit included. Cm. Moffatt stated the Catholic Church was willing to lift their restriction at the time of the deed change. It would be up to the Amador Livermore Historical Society to make the change. Ms. Silver responded the Amador Livermore Historical Society would have the document signed by the Bishop of Oakland and recorded with the title change to the City. Cm. Burton indicated he was a life time member of the Dublin Historical Preservation Association. Cm. Moffatt stated he was involved with the Cemetery association. Cm. Howard advised she was a member of Dublin Historical Preservation Association. Cm. Jeffery indicated she was a member of Dublin Historical Preservation Association. Mayor Snyder indicated this item was not a public hearing item. Cm. Howard asked what was the minimum amount of work would be on the church to allow it to remain open and use it on a continuing basis . #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 238 Regular Meeting June 8, 1992 Ms. Lowart indicated old St. Raymond's Church was not handicapped accessible. It would cost between $5, 000 - $7, 000 just to adjust the entrance. The interior of the church was presently empty. Eventually the inside would be put back together so it could be used. Cm. Howard questioned whether the facility would have to be opened to the public right away in order to receive the monies from the Parks District. Ms. Lowart indicated the monies had to be used for a high priority and that could reasonably be complete within a three year time frame. Cm. Moffatt asked if the acquisition of old St. Raymond' s Church for $20, 000 included the costs of escrow. Ms. Lowart indicated another part of the bond program stipulated the City could not apply for less than $20, 000 so the Parks District recommended if the City used these funds for the Heritage Center the City apply for two projects, one would be for the acquisition and the other would be renovation. Cm. Burton wanted to reaffirm $164, 160 was for the entire Heritage Center project. Mr. Ambrose indicated it did not include any interior improvements . A motion was made by Cm. Burton to make application for the Heritage Center acquisition and renovation for the full amount of $157, 829 and Staff was instructed to prepare the necessary documents for the application for the East Bay Regional Parks District Measure AA Bond Issue. Cm. Moffatt asked if the other items would lose out. Ms . Lowart indicated the City could not apply for more than the amount of money that was available. Cm. Howard asked if it would be better to have all three projects on the application. Ms . Lowart responded the City would need to identify where the additional funds would come from to complete the projects . Cm. Jeffery realized money was going to be worse to come by in the future so if the City was going to take on long-term projects that needed major capital improvement, the City would not be able to do them with much ease because the money would not be there. If Sacramento took the City' s property tax and gas money, the City would be hurting for money. The other aspect was the City had spent all year through the Parks and Recreation Commission and from letters and requests from the community trying to prioritize what the community wanted. The Dublin Sports Grounds and Mape Park were the improvements most people thought were going to occur, but they will not. If the City could not use funds such as Measure AA, the improvements would not be there. She had a #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 239 Regular Meeting June 8, 1992 concern about that. If th-e money was spent for the Heritage Center acquisition, which she felt was a viable project, but she felt it was an inappropriate time for it, the City would be buying something that cannot be used and will not be able to be fixed up for a long time in place of improving the Dublin Sports Grounds which was utilized to the maximum all year round by the community. She felt it was not a proper expenditure. She also felt the deal in regard to the Heritage Center still had loose ends . There were dollars held in money market that had not been offered to be contributed to the project. Cm. Burton felt it was a question of applying priorities. This was a unique opportunity to save some 130 year old buildings. He recognized there would be some tough times ahead. He did not apologize to the people in the sports programs because the City had spent millions of dollars renovating, building the sports ground, and another baseball diamond. He felt the City would be trading a 90' baseball diamond for the Heritage Center. The City would be saving something that was irreplaceable. Diamonds can be built anytime, but these buildings cannot be saved any time if something happened to them, they could not be replaced. He had recently confirmed with Marilyn Calhoun, an author who found it referenced in "The History Spots in California" by Mildred Hoover that the old St. Raymond' s Church was the oldest wooden exterior Catholic Church in the State of California. The City should take advantage of this unique opportunity right now. The money was available through the Measure AA Funds . Cm. Jeffery stated besides the initial investment, there would be the on-going expense for the Heritage Center. Cm. Burton responded Mape Park would also be an on-going expense. He indicated he had received a letter from a resident asking why the City did not sell Mape Park because she felt it was a hang out for drugs and it was not safe to use with the creek in the back. He did not want to invest a lot of money in Mape Park. Cm. Moffatt stated in regard to money, if we got involved with some historical ordinances, the City could become certified with the Historical Preservation Department which had funds available that could be utilized for the renovation. This would give the City another source of money. Cm. Jeffery stated there was not much money available and the Historical Preservation Department would not take buildings that had been altered in any way. She was not against the idea, but she. felt the City should be realistic. Cm. Moffatt advised this was an opportunity to save a piece of history. Five years from now, it might not be there. Mayor Snyder felt the creation of a non-profit corporation that would operate the entire center and allow the City to contribute to it on an annual basis made a lot more sense than putting the City in the management of a historical situation. He guaranteed that down the line the people interested today will have gone away and the interest would #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 240 Regular Meeting June 8, 1992 i wane and the City would be responsible to maintain the Heritage Center. For him, it was wrong. The people that wanted to maintain it should be the people involved in it. The City did not have to have a finger in everything that went on in Dublin. Cm. Moffatt felt the City would not have a finger in it. Mayor Snyder responded it would have because the City would be the owner. Mayor Snyder asked the public to come forward, identify themselves and be heard for the record. Zev Kahn, a resident of Dublin, encouraged the Council to include only the parks for the Measure AA Funding. He had been involved for years with the Parks Task Force and at no time did the Heritage Center come into the question of what should be prioritized for the community. He felt the City was dealing with a bag of worms with a lot of unanswered questions . He felt it was not fair to plan for the future without all the answers . Mape Park renovation would help out at Nielsen School. To change the whole tenure of what had been going on with planning for the parks for the last eight years for an item that had only been an issue for the last two months was unfair and did not have his support. Mark King, president of Youth Soccer League in Dublin and equipment and field maintenance manager for the Dublin Little League, indicated the facilities were not strictly used for youth activities . There were also adult leagues. The adult softball league generated quite a bit of funding for the City. The parks were open for use up until 10 : 00 p.m. He felt the park facilities would have much more use than the historical sites . With three Councilmembers being members of the Dublin Historical Preservation Association, he felt they were trying to get the Heritage Center bumped higher up the list than what had been proposed by the Parks & Recreation Commission. He did not understand why the Council had not addressed what the impact would be to the other projects if the Heritage Center was allowed to replace the parks on the list. He felt the acquisition of the historical sites was an item for the future and should be put at the bottom of that already prioritized list. If the City of Dublin was going to acquire the historical sites, he felt it should be a decision by the citizens of Dublin. Measure AA Bond Funds was voted upon to provide funds for renovating existing parks & recreation facilities . Bill Chew, 20 year resident of Dublin and treasurer of the Dublin Historical Preservation Association, stated he had been in the old St. Raymond' s Church once because it was owned and operated by a organization outside the City. He felt it was important to get at least the church serving the City of Dublin where it was located. The money in the money market was money DHPA tried to save to replace the bell tower on the church. DHPA did not have the thousands of people like the sports programs to go with big fund raisers. The fund raisers they had tried in the last several years have failed miserably. He thanked the City for the help in repairing the roof. He felt it was important to #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 241 Regular Meeting June 8, 1992 bring the church under the control of the City of Dublin or a Dublin organization so it could be opened for the public. Bob Tremble, 18 year resident of Dublin, stated he was very concerned. In 1988 and 1991 he had spent a lot of time on the Parks & Recreation Visionary Planning Committee creating the priority list. With the budget crisis at hand, the City had to look elsewhere for funds . The Measure AA Funds were those funds to keep the City' s parks & recreation programs going. He was very proud of the state of art parks in Dublin that benefit all the citizens of Dublin. He felt more people were concerned about parks & recreation programs than the Heritage Center. He was concerned that the funds should do the most and best for the citizens. The parks were visited by thousands of people each weekend. He felt the Heritage Task Force had been very near sighted and was not tapping the energy and strength of the community. He urged the Heritage group to mobilize the volunteer efforts in the community. Let the money go where it was intended and originally directed. Don' t get the government involved and have to deal with all the safety requirements. He urged the Council to change their vote and please direct the money back to the Parks & Recreation. Then get together and build a heritage foundation. Charles Dougherty felt the town definitely needed a sense of identity. Many towns did not have the history or heritage Dublin had. He felt a great deal should be done to preserve the unusual background. Once the buildings were gone, they could never be restored. Georgean Vonheeder, 21 year resident of Dublin and president-elect of Dublin Historical Preservation Association, indicated the Board of DHPA did vote to turn the schoolhouse over to the City. It was her suggestion as a member of the Heritage Committee to form a foundation to actually run it rather than have the City run it. But it was not the direction of the Heritage Committee. The members of each of the associations have a deep personal attachment to their sites. They all have the same goal in mind to preserve the sites. But as a resident, she had a problem with taking money that had been prioritized for other projects . She also felt the Heritage Center did not belong with the Parks & Recreation Department. She urged the City to use the Measure AA Funds for the parks and go to the City reserves to save the historical sites that were decaying. Save the past for the children' s future. Jeff Chapman, 8 year resident of Dublin, indicated he was in favor of the money going to the sports ground. He felt the voters had their say and if the City turned to another project, they would be aghasted. He urged the DHPA to petition to sell fireworks. There was a lot of money to be made in selling fireworks. George Zika indicated he supported the foundation concept. Ten years ago when they were fighting to establish a Parks & Recreation Commission, one of the first groups contacted had been the Historical Association which told them they did not want any part of them. So lot of time and years have been spent on planning parks and how park money should be used. Commitments had been made to people. He indicated the majority of members on the Council had made commitments to people to do #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 242 Regular Meeting June 8, 1992 things. Mape Park had been pushed back for five years. As a past chairman of the Parks & Recreation Commission, having made a commitment to the people of Dublin, he apologized that they were not able to follow through on that. He felt a foundation would help and the City was cheating the people by reneging on promises made to them. Marie Cronin indicated her family had been here for 140 years. She stated a lot of the heritage of Dublin had already been lost with hotels burning down. These two building plus the old Green Store were all that was left. She felt it was an important opportunity for the community. She indicated that millions of dollars had already been invested in the parks and she felt that was great and they should all be proud of that. She had attended the Parks & Recreation Commission meeting and it was her understanding that the Measure AA money was also for historical sites. The DHPA worked very hard. There had been two tours of over 100 people this last week. The vandalism was incredible. She felt the new people were destroying the little bit that was left. The building had been broken into many times and they had been robbed. She felt the opportunity today would not short change the Dublin community. She felt it was a worthwhile project. The acquisition of the buildings were the main thing. If it was not done today, there was a good possibility it would not be there within another five years. She hoped the Council would do what was best for the community. The DHPA was doing a labor of love for the community that came after them so she hoped the Council would approve it and also do what was fair and needed for the sports people. Pete Hegarty, 11484 Silvergate Drive, felt it was upsetting to watch what was taking place. The Council was putting the sports people against the historical people; members of the Council against members of the Council. He knew if he polled any member of the Council they would all say they were in favor of preserving Dublin's history. If polled the next day, they would be in favor of doing all they could for the sports groups and the parks and recreation. Mr. Burton brought up an idea to try and get funding through a bond issue. Whatever the Council decided, he did not feel the building would fall down this year, but the community was losing. Right now there was still a schoolhouse and a church. The rest of what Dublin had was plaques . He asked the Council to get together and figure out a way to take care of our history and also satisfy the people who wanted to play at the sports grounds . Both were good resources for the City. Other cities did not have history. He felt as a City, we had an obligation to preserve that history. As a City, we had the obligation to satisfy the services of the sports people. Get together and quit bickering over it. . Donna Miller, 11933 Dublin Canyon, Pleasanton, realized this was a difficult decision for the Council. She had recently taken over 100 third & fourth graders who were very interested in Dublin' s history and asked a lot of questions on tours through the schoolhouse. She realized the same students were using the sports grounds as well. She wished we could have it all. In response to the remark made that when the City took over, people would not participate any more. In neighboring communities, she had not seen that happen. She hoped there would be other people who wanted to preserve history and carry on. The #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 243 Regular Meeting June 8, 1992 Schoolhouse was only open to the public from 2 p.m. to 5 p.m. on Sundays. Any other time, a group would only have to call the Museum number at 828-3377 to arrange for a tour. There had been cub scouts, brownies, students from other nations such as the Russian students and the Japanese students, and school tours. She realized it was a tough decision, but the students did enjoy seeing the history. Jean Zefer, 30 years resident of Dublin, begged the Council for help. Without the City, there would not be any history. Vince Vonheeder, 21 year resident and a member of DHPA, felt the Measure AA funds should go to the parks, but preserving the history was also a responsibility of the City. We became a City ten years ago with the idea we had to control our own destiny, but our destiny included where we came from as well as where we were going. There is the slogan "Old Heritage-New Ideas" . Now was the time to recognize we had "Old Heritage" . This was a crossroads town a hundred sixty years ago and it was a crossroads town today and if we did not watch out, the crossroads would overtake the last few historical buildings . He realized it was tight times and things were going to get worse, but they ultimately would get better. The Council were the guardians of the City' s history, as well as the shapers of its future. He felt the Measure AA funds should go to support the parks, but he challenged the Council to come up with the funds to at least start the ball rolling and protect the two historical buildings, which was all that was left of the City' s heritage. Val Hathaway indicated his family moved to Dublin 65 years ago. He had worked with the Little League and seen the fields built up over the years and he realized the fields were needed for the youth. He had also seen the lost of Fallon House and the Green House. He urged the Council to act now to create the Heritage Center and not lose it. Gail Smith felt there was a need to preserve the heritage, but she wanted a wider voice, other options and other solutions . She suggested the DHPA have a "run" to raise money. The San Ramon Run made $40, 000 . She urged the DHPA to look for other resources and other alternatives . She did not believe it should be the City' s responsibility. It should be the people' s responsibility to take care of the earth, of their history, and who they were. Cm. Moffatt felt sports parks and game facilities were an asset to the City, but the City would not have to add as much money to the Measure AA funds $157, 000 to acquire the Heritage Center. In his mind old St. Raymond' s was not a church, but an old historical building. Cm. Burton stated he was very impressed with the well spoken and gentle presentations by everyone. He wanted to remind the people in sports that every year the City spent a million in parks and that much was spent on the sports grounds at the High School and more was being planned to spend. He felt it was the difference between the Heritage Center and a baseball diamond and some bleachers. This would be a one time issue. The kids were using the Heritage Center. He realized it could not be matched to the sports ground and soccer fields . He felt it #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 244 Regular Meeting June 8, 1992 was a short time opportunity and the timing was important. He respected the difference of opinion. He felt sports were an important part of our society. But this was a unique opportunity to preserve our heritage. Mayor Snyder stated he would take absolute personal responsibility that there was a foundation under the church. He did it solely on his own because he knew it needed to be done. He felt that was what a private foundation could do. The City would not do that. He felt it gave a totally different feeling of responsibility. Unless people were willing to work for the betterment and preservation of those buildings, it would not happen. He felt if the personalities of ALVHS and DHPA were removed, there would not be this problem today. Cm. Burton indicated this was an issue that everyone had feelings about and it was trying to be solved. But it did not mean the Council would not get along even though there was a divided attitude. He indicated it would not change that much no matter who won. Mayor Snyder stated it was a matter of opinion. He indicated in the newspaper it was indicated a minority of Council and Staff appeared to be bucking Cm. Burton. He did not feel anybody bucked anybody. The Council as individuals had no responsibility once they were divided from the position. He felt it was all a matter of opinion until the Council convened during the Council meeting. On motion by Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council approved application for the Heritage Center acquisition and renovation for the full amount of $157, 829 and instructed Staff to prepare the necessary documents in preparing the application for the East Bay Regional Parks District Measure AA Bond Issue. Cm. Jeffery and Mayor Snyder voted no on this motion. CITY MANAGER' S EVALUATION/COMPENSATION (700-20) City Manager Ambrose indicated that the City Council had annually evaluated the performance of the City Manager in May or June of each year corresponding with the City Manager' s anniversary date of May 1st. With respect to the City Manager' s annual compensation, the City Council had typically appointed a sub-committee of the City Council to meet with the City Manager to discuss terms of compensation each year. The Committee had then reported to the City Council with a recommendation. It would not be necessary for this Committee to meet this year because the City Manager had indicated that he would not accept an increase to his compensation for the upcoming year due to the fiscal restraints the City was presently facing. Cm. Burton questioned whether the evaluation would be a public hearing. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 245 Regular Meeting June 8, 1992 Mr. Ambrose responded it would be a closed session. Compensation always had to be acted upon in a public meeting. But it would not be an issue this year. If the Council wanted to change the format, please let him know. The Council set July 13, 1992 for the Closed Session to conduct the City Manager' s performance evaluation. OTHER BUSINESS STATE BUDGET CRISIS (330-80) Mr. Ambrose indicated a notice was received by League of California Cities in regard to the State eliminating the Vehicle License Fee (VLF) to the Cities . If the State eliminated $784, 000 from the City' s Annual Budget, the City would have major trouble. The State was also going after the AB8 portion of the Property Tax. The League did not feel the property tax cut would impact the City of Dublin. The State had just about run out of things to take from the City. The only way the City could continue to function was to attempt to remain as independent from the State as we could by utilizing our own resources and maintaining them. Cm. Jeffery had spoken with members from other cities and their feeling was the cities should come in very hard with letters right away to tell the State it was totally unacceptable. She felt the City should do that. Cm. Howard asked how the Vehicle License Fee was determined. Mr. Ambrose responded it was based on a motor vehicle fee based on the amount of registration fees generated statewide and it was divided on a per capita basis . It was estimated it would be $36 per capita this year and Dublin had 25, 000 plus people. Dublin had to subvent a certain amount back to the County for the population generated at Santa Rita County Jail. Cm. Jeffery felt it was the principal, the State should not be taking the property tax. Mr. Ambrose indicated there was not much more left the State could take from the cities unless the State restructured State financing altogether. Motor In Lieu Fee was the last discretionary General Funds Subvention Dublin got from the State. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 246 Regular Meeting June 8, 1992 AFFORDABLE HOUSING MEETING (430-80) Cm. Burton advised there would be an Affordable Housing meeting on Thursday, June 11 , 1992 and he indicated he was against the Boatwright Bill. Mayor Snyder stated safeguards had been attempted to be put in where affordable housing dumping could not be done. A city had to build a percentage of the affordable housing within their own community. Mayor Snyder indicated there were housing groups watching throughout the state to see how the allocations were going to occur. In particular the groups were watching communities like Danville so communities could not go somewhere else and buy land. Before the city did anything, a portion had to be built within the community. Cm. Burton requested input from the Council so a consensus could be determined. Cm. Moffatt requested to see a copy of the bill. POSSIBLE CONSTRUCTION OF ACCESS UNDER I-580 (590-80) Cm. Burton received a letter from Frederick Doolittle supporting Zone 7 construction of an access under I-580 . Mr. Thompson indicated he was not sure if there was any money available to construct the access. Cm. Burton requested the City Manager investigate the proposed pedestrian crossing under I-580 . REQUEST TO REVIEW BANNER POLICY (650-20) Cm. Jeffery requested the policy on the banner be brought back to the Council to look at it. There had been some concern about what was allowed on the banner. She felt the Council should discuss what was allowed and possibly refine it. She felt any reference to a religious affiliation should be deleted from the banner. That would not stop the advertising of a carnival that was located at a church. She felt the "March for Jesus" was not appropriate. That banner had bothered her and others in the community. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 247 Regular Meeting June 8, 1992 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10 : 33 p.m. Minutes prepared by Sandie Hart. Mayor ATTEST: City Clerk #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 11 - 248 Regular Meeting June 8, 1992 ADJOURNED REGULAR MEETING - June 9, 1992 An adjourned regular meeting of the City Council of the City of Dublin was held on Tuesday, June 9, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 33 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. REQUEST FOR FUNDING Dublin Hills Estates - Landscaping and Erosion Control Mayor Snyder announced that with the Council's permission, he would like to allow the Dublin Hills Landscape Committee to make their presentation and request for funding early in the meeting. Cm. Burton advised that he had a Conflict of Interest and would disqualify himself from the discussion and any decision on this item. Bob Fasulkey, 7776 Topaz Circle, passed out copies of a proposal and asked for a show of hands of the number of people present related to this item. Slides of the area were displayed. The area is known as Dublin Hills Estates. They feel that the Landscape and Lighting Act of 1972 legally requires the City to improve the conditions that exist in their area. Garth Gelster stated there are things that the assessment district are supposed to take care of such as the slopes on the corridor along Stagecoach Road. There is a plan on file that covers how it is supposed to be maintained by the City. His proposal is not to offend anyone or bash Dublin, but the conditions of the area need to be made clear. There is very little established landscaping, there are lots of weeds and barren areas. The homeowners believe the assessment is adequate at $200 per home and question some of the activities that have taken place and the effectiveness. Any fifth grader could see erosion and know what to do. There are many erosion problems. A bigger concern is that the hills are not particularly stable when they don't have landscaping on them. There is quite a liability to the City and he encouraged the City Council to take action to correct this situation. There have been a number of items dumped on the slopes and the City is usually responsive in cleaning it up. This could also cause the City liability, however. The landscaping plan on file with the City specifies the number and type of plants that are to be in place. They have been working with a number of people including DSRSD, Zone 7, and Lee Thompson. The water company has set aside funds to work on the area leading up to the water tank. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 249 Adjourned Regular Meetinq June 9, 1992 Mr. Fasulkey read a letter from the Dublin Hills Estates Homeowners. "Dear City Council Members, The homeowners of Dublin Hills Estates have entrusted the city of Dublin, under the Landscaping and Lighting act of 1972, with the responsibility of maintaining the common areas around our homes. it is clear that this task has not succeeded. We therefore request that you move to correct this deplorable situation. At stake are the values of our homes, city tax revenues, and potential liabilities. We suggest that you approve the cost estimates provided by Lee Thompson and place them into the Capitol Improvement Budget. Secondly, we request that you increase this amount by $16,122 to complete the landscaping needs of Topaz Circle (see cost estimates for areas #3 and #4 prepared by Laura Lingen) . We feel these plans will better address the issues of erosion and slope integrity. Please note that the Dublin San Ramon Services District recognizes the urgency of dealing with this problem. They have authorized funds for the immediate landscaping of the North slopes. This creates a unique opportunity for all parties to work in concert to develop an effective landscaping solution. Sincerely, The Homeowners of Dublin Hills Estates. Please contact either Mr. and Mrs. Fasulkey at 829-6299 or Mr. and Mrs. Lingen at 828-7327 for additional information. ,, Cm. Moffatt asked when the pictures were taken. Mr. Fasulkey advised that they were taken this past weekend. Cm. Jeffery asked if this was discussed when the assessment district meeting was held. Mr. Thompson advised that there is a meeting scheduled for the latter part of July and the actual public hearing will be on August 10th. Mr. Fasulkey advised that there have also been snail infestations at their homes. Mayor Snyder asked if there is a legal method of altering the original plan. Mr. Thompson advised that in order to do a first-class job of keeping this up, we would have to double the assessments. The problem is that it is such a huge area with so few people. There has been a lot of opposition in the past to raise assessments in order to improve these slopes. Mr. Ambrose advised that the City has had a lot of problems with this area with vandalism. We have replaced the irrigation system 3 or 4 times over. This year, the District increased the City's water rate by 56%. The residents in the City will be paying for these increases. This is an extremely large area. Mr. Fasulkey requested that the City discuss the time when Beck Development was charged with not improving these parcels. He thought the area was listed as a park area in the General Plan. CM - VOL 11 - 250 Adjourned Regular Meeting June 9, 1992 Mr. Thompson explained that the original subdivider, Rafanelli & Nahas, put up parkland dedication funds. They put in the 3/4 acre park and also funded the Kolb Park tennis court. Mr. Ambrose pointed out that the City has millions of dollars in the park plan. Cm. Jeffery advised that the Stagecoach Park was originally part of the assessment district, but the City took it out and now the City is maintaining this. Mr. Ambrose indicated that their assessments were reduced when the City took over maintenance of the park. Mr. Thompson clarified that they are not paying assessments to maintain the hills. The City has taken all the weeds off, causing the barren look. In addition, we have had 2 freezes and a long series of events in trying to bring this area back. We have tried to go slow so as to not overload the homeowners. Mayor Snyder reiterated that the City felt it was not appropriate to require the homeowners to pay to maintain the park. C O N T R A C T R E V I E W S POLICE SERVICES (580-30) The Alameda County Sheriff's Department provides Police Services under contract to the City. The current agreement terminates on June 30, 1992 . Assistant to the City Manager Texeira presented the detailed Staff Report which included a review of the quality of services provided in the areas of: Patrol Services; Traffic Enforcement; Criminal Investigation; Narcotic Investigation; Juvenile Investigation/Crime Prevention; Community Programs-Crime Prevention; Business Office Services; Public Information Dissemination; Department Visibility and Identification; Officer Professionalism and Public Relations Communications; and Administration/On-Site Command. Under the area of Administrative Services, items reviewed were: Communication of Police Activities to City Manager and City Council; Police Service Training; Cost of Service; and Personnel Costs. A comparison of City vs. Contract Police was done which included: Personnel Costs: Dispatch Costs; Indirect Costs; and Insurance. Ms. Texeira advised that a proposed new agreement is substantially in the same form as the previous agreement. Minor changes to the contract language included changes to: Section IV Cost and Billings; Section V Fines & Forfeitures; Section VII Compliance with Applicable Laws; and Section VII Forfeited and Unclaimed Property. The proposed agreement provides for a 3-year term, which would expire in 1995. ■ ■ ■ ■ ■ : : : : nmmm m m m m m m ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■CM - VOL 11 - 251 Adjourned eua Meeting June 9, 1992 In , summary, Ms. Texeira advised that the City of Dublin continues to receive quality municipal services from highly qualified, experienced personnel, and these services are provided to the City in a cost- effective manner. Ms. Texeira advised that Captain Rose, Sheriff Plummer, and Undersheriff Garrigan were present in the audience to answer any questions the Council may have. Cm. Jeffery stated she noted that narcotics activity had gone down. She stated she hoped it was because we have made it uncomfortable to do drugs in Dublin. Chief Rose stated the City Council set this as a goal several years ago and their efforts are paying off. Sheriff Plummer stated they were present at the meeting to show their support. Policing Dublin means a great deal to the Alameda County Sheriff's Department. Cm. Burton asked if everything were frozen at last years level, how they would deal with it. Sheriff Plummer stated there would have to be less personnel. Most of their costs, 85% - 90%, are personnel. Sworn personnel would be impacted, and the number of cars on the street would be affected. Mr. Ambrose advised that in going through the budget process, Staff anticipated there would be a problem with revenues this year. Every department looked at reductions. In the budget document, one narcotics officer was identified. Other programs have been identified, but the impact of cutting this position would be significant to the City. The school liaison program would also go away. Sheriff Plummer indicated that it takes a long time to play catch-up once you let things deteriorate. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 68 - 92 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR LAW ENFORCEMENT SERVICES Mayor Snyder requested and the Council concurred to move the contract review of library services up as the next item of business on the agenda. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 252 Adjourned Regular Meeting June 9, 1992 LIBRARY SERVICES CONTRACT REVIEW (940-30) Recreation Director Lowart advised that in 1983, the City of Dublin and Alameda County entered into a contract agreement to provide funding for additional hours of library service at the Dublin Branch Library. The original contract provided for 7 additional hours of service per week. The current contract provides for 19 additional hours funded by the City and 40 hours per week funded by Alameda County. The estimated cost to the City for the current fiscal year agreement is $156, 007. Ms. Lowart discussed the Staff Report which compiled statistics on circulation, reference and gate count for those hours that the City funds. The proposed contract amount for FY 1992-93 based on the current level of service is $164, 870, which represents an approximate 6% increase above last year. At this time, the County does not anticipate additional funding for library services which would enable them to reduce the contract cost to the City. Ms. Lowart advised that options for reduced levels of service were prepared for Council consideration. Option I, Thursday 6: 00-9: 00 p.m. - $25,183 ; Option II, Monday 6:00-9: 00 p.m. - $30,793 ; and Option III, Sunday 1: 00-5: 00 p.m. - $33 ,720. Staff requested that the Council determine the number of hours per week of library service to be funded by the City. Cm. Moffatt asked if the conference and meeting rooms at the Library were scheduled by the City and if there were fees involved. Ms. Lowart advised that the City is not involved and stated it was her understanding that use of the rooms are free of charge. Rayme Meyer stated she felt it would be against County policy to charge for the use of the rooms. The meeting room is usually booked solid. This is a service that all of the branches provide. Mayor Snyder asked Ms. Meyer to comment on Dublin's relationship to other libraries in the County. The Staff Report indicates that closing Thursday evenings would not have as great an impact because the Fremont Main Library is not open at that time. Ms. Meyer stated they are open until 6 p.m. , on the nights when Dublin is open only until 5 p.m. They were asked to choose between the lesser of evils. Back up reference and materials have to be obtained from the Pleasanton Branch on Thursday evenings. Mayor Snyder pointed out that when the City funded these extra hours, it had money that the County didn't. We are now in dire straights and must look at what's fair to everyone in the County. Since the County is not open, he questioned why Dublin should be open. Everyone needs ■ ■ ■ ■, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 253 Adjourned Regular Meeting June 9, 1992 to be reminded that Library Service is a County program and the City is augmenting it. Cm. Burton stated he serves on the Library Committee and knows how important it is. However, we have to cut everybody. It appears that Thursday evenings serve the least amount of people. Ms. Meyer updated the gate counts figures and stated they are up to 839 people on Thursday night. She pointed out that the harder times are the more libraries are used. They are very tied to peoples financial well-being. Cm. Burton asked what she would cut. Ms. Meyer responded that this is not a fair question. Personnel and utilities are all that is being charged to the City. She stated she would hate to even see an hour cut. Their schedules are already confusing to callers. The most frequent request in their suggestion box is for more library hours. Cm. Howard questioned how the numbers compared when they open at 10 a.m. , compared to opening at 11:00 a.m. Ms. Meyer stated there are people waiting for them to open whatever time they open. Monday is the only 10 a.m. , opening time the City funds. There is a tremendous rush from job seekers on Mondays. Ms. Lowart advised there was no discussion regarding cutting back on the County's hours during funding discussions. Mixing and matching City and County dollars was discussed. Cm. Moffatt asked if there was any possibility that they could cut down on help during the periods the City is funding. Ms. Meyer stated what they submitted is just about as bare bones as they can get. This is the best offer they can make. They presented what they thought could go forward and still keep themselves above water. Shane Hennessey stated the Dublin Library has helped him pass several years of school and he is counting on help in high school. The hours are tight now and he hoped none would be cut. Paul Hennessey stated he uses the Library frequently. He is a member of Friends of the Library. He suggested maybe we could stress how important reading is and think about having the Library open by cutting some staff to keep it open. Kids who get involved at the Library usually keep out of trouble. Some kids have asked to form a Junior Friends of the Library group. He hoped the City could keep it open as much as it is currently open. :djourne: ■ ■ ■ ■ ■ ■CM VOL 11 254 Regular Meeting June 9, 1992 1 On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council determined that the City would continue to fund the current number of hours and directed Staff to prepare the documents necessary to execute the contract agreement. ANIMAL CONTROL SERVICES (500-30) Assistant City Manager Rankin advised that in June of 1989, the City Council approved a 3-year agreement for Animal Control Field Services with the alameda County Sheriff's Department. This agreement will terminate on June 30, 1992 . The agreement for Shelter Services is ongoing and may be terminated provided notice is given to the other party by April 1st. The Shelter Agreement was originally approved by the City Council in August of 1983 . Mr. Rankin reviewed the Staff Report for Field Services, which included the areas of: Function/Organization; Workload Indicators; Supervision; Records; Proposed Changes to Agreement; Financial Analysis; Historical Costs; Service Options (including projected annual cost of City-provided Animal Control Services) ; Legal Mandate for Service/Potential Joint Programs; and Licensing. Mr. Rankin reviewed the Staff Report related to Animal Shelter Services, including Dublin's estimated prorated share of costs. Mr. Rankin indicated that the County, along with the Cities of Dublin, Livermore and Pleasanton are pursuing the construction of a new Shelter. The organization for pursuing this project will allow the City to have greater input in the future on Shelter operations. This should also allow for a review of whether the operation can be conducted at a lower cost. Mr. Rankin advised that at the present time, the Santa Rita Shelter is the best alternative available and therefore, Staff did not recommend i any changes to the existing agreement. 1 Mr. Rankin advised that Sergeant Tarnow who has the day-to-day responsibilities for Animal Control Services and his supervisor were present in the audience to answer any questions the Council may have. i Cm. Jeffery stated she was concerned regarding the number of animals being picked up at the Veterinary Emergency Hospital which happens to be in Dublin. A lot of animals from all over the area are brought to Dublin. Sergeant Tarnow .explained that they charge a fee to pick up animals at the Vets. This fee does not go to the City of Dublin, nor is the City charged. The total costs for Dublin are based on how much time is spent in the City. Cm. Jeffery stated she had trouble understanding how they came up with such a raise in the rates from last year. :djourne: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM VOL 11 255 Regular Meeting June 9, 1992 Sergeant Tarnow explained that what happened in past years was that they figured a percentage of a person. This year, however, he went through his logs and figured out exactly how much time was spent in Dublin. There was quite a difference when comparing the figures. Cm. Jeffery questioned why they spend so much time in Dublin, compared with Livermore which is much larger. Sergeant Tarnow indicated that they serve the rural areas around Livermore, not the City itself. Cm. Burton stated he was interested in the complaints and wanted to know what types of complaints they get in Dublin and if any are considered significant. Sergeant Tarnow stated they get complaints such as attacking dogs, barking dogs, dogs running loose, etc. They have 2 people on the streets 7 days a week. Mayor Snyder asked Sergeant Tarnow to comment on the possibility of a CSA for the entire County. Sergeant Tarnow stated a lot of people would like to get out of the animal control business and also the shelter business. However, the decision is above him and will be determined at a higher level. It has pros and cons. Cm. Moffatt asked if he had any responsibility in developing the licensing fees. Sergeant Tarnow stated usually the City follows the County regarding fee schedules. Dublin is right in the ball park with the fees charged. Licensing of cats was discussed and Sergeant Tarnow stated it would be very difficult to license cats. Cm. Moffatt stated you have to have a license for your car by a certain time or you can be fined. He questioned if it would be productive to think about this type of licensing and having a fine if they're late. Sergeant Tarnow explained that the first thing an Officer checks when responding to a situation is for rabies tag and a license. If they don't have them, they get a citation. They are very proactive on this. Cm. Moffatt asked if the City benefits financially from the citations. Sergeant Tarnow stated he did not know how the money is divided for citations. Cm. Burton questioned if there was any problem with abandoned pets. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 256 Adjourned Regular Meeting June 9, 1992 Sergeant Tarnow stated there is a problem with farel cats that run loose and constantly reproduce. There is, however, a very active spay and neuter program in the City. With regard to follow up with the local Vets, Cm. Jeffery questioned what happens when people use Vets in other cities. Mr. Rankin advised that Staff's first priority will be to discuss licensing possibilities with Dublin Vets. Dr. Evans' Office indicated they do a similar thing for Contra Costa County. We can look into this. We don't have any control over Vets outside the City though. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Staff as follows: a) The County should be encouraged to conduct an analysis to determine whether disposal fees charged to veterinary facilities reflect the costs and any impact of amending those fees; b) Pursue additional contact with owners who recently had dogs vaccinated. Staff should report on the impact of this effort after the procedures have been in place for a 1-year period; c) As the neighboring Cities pursue the joint development of an Animal Shelter, Staff should also identify whether there could be cost savings in pursuing joint field service; and d) the Council adopted RESOLUTION NO. 69 - 92 APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY SHERIFF'S DEPARTMENT FOR ANIMAL CONTROL SERVICES BUILDING LAW ENFORCEMENT SERVICES CONTRACT REVIEW - TAUGHER & ASSOCIATES, INC. (440-30) Assistant City Manager Rankin presented the Staff Report and advised that the City of Dublin has utilized professional Building Inspection and Plan Checking Services provided by the firm of Taugher & Associates since 1983 . Services provided are those which are typical of a Municipal Building and Safety Department and include: Plan Checking; Inspection of Building Construction; Housing Code Enforcement; and Administration of the Building & Safety Department. The City provides secretarial support for the department with a City employee. The City has, in the past, provided an Intern to assist on special projects. Mr. Rankin discussed areas reviewed in the Staff Report which included: Staffing Levels; Office Availability; Business License Activity; Public Education Program; and Customer Service Activities. Proposed Building & Safety Service Levels for 1992-93 were discussed, as was cost per inspection. A cost vs. revenue analysis was done and a financial comparison was made of an In-House Building & Safety Department. ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL it - 257 Adjourned Regular Meeting June 9. 1992 Proposed 1992-93 Agreement modifications related to: Format; Contract Term; Rates; and Insurance. Cm. Burton stated he was very pleased to see the customer service training. There have been some complaints and there is the perception that Vic Taugher is working on a time basis and has the privilege of taking as long as he wants to review and approve things. Mr. Taugher stated plan checking involves Building, Public Works and Planning. Delays occur not necessarily in the Building Department. A summary in the Staff Report shows that the Building Department is operating under a deficit. However, a review back to 1983 , shows that revenues total $3 , 200, 000 and expenses total $2 ,267, 000. He felt he has managed the Building Department well and produced revenue averaging $100, 000 per year. He cut his staff last year by 50% by eliminating an inspector position. He recognizes the fiscal concerns of the City and has attempted to operate his department in an efficient manner. Cm. Burton commended Mr. Taugher for not raising his rates. Mr. Taugher thanked the City Council and City Manager for all their support in the past and stated he looked forward to a continuing relationship for years to come. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 70 - 92 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND TAUGHER & ASSOCIATES, INC. FOR BUILDING LAW ENFORCEMENT SERVICES ENGINEERING SERVICES CONTRACT REVIEW-SANTINA & THOMPSON, INC. (830-10) Public Works Director Thompson introduced Paul Hardy, a Principal in the firm of Santina & Thompson. Mr. Thompson advised that the City has contracted with the firm of Santina & Thompson for general professional engineering services since 1983 . Over the years, the scope of the contract has been reduced as the City hired Staff to replace contract positions. A new agreement was prepared which reflects the most recent reduced scope of work and which defines a new errors and omissions insurance limit. The agreement defines the tasks that S&T may provide for the City; however, all functions are to be on an as-needed basis. These tasks include private development plan review and inspection, surveying and legal descriptions, capital project design and inspection, resident engineer and/or construction management, government agency coordination, and any other functions that City Staff is unable to ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 258 Adjourned Regular Meeting June 9, 1992 perform economically or due to time constraints. S&T is not proposing any rate increases for FY 1992-93 . Mr. Thompson reviewed the Staff Report which covered such areas as: Background; Staffing; Development Review; Capital Improvement Projects; and Costs. The total Capital Project work anticipated in FY 92-93 relates to 3 projects: Dublin Boulevard Widening (Donlon Way to Village Parkway) ; Dougherty Road Widening Topographic Survey; and Dublin Boulevard Extension (Project Management) . S&T's involvement on Assessment District Engineering will continue on a reduced level in FY 92-93 . In summary, Mr. Thompson advised that a new agreement is proposed in order to define changes in staffing to an "on-call" arrangement and increase in the limits of their errors and omissions insurance from $500, 000 to $1, 000, 000. Mr. Hardy stated the City of Dublin is an important client to them. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 71 - 92 APPROVING NEW AGREEMENT FOR ENGINEERING SERVICES WITH SANTINA & THOMPSON, INC. TRAFFIC ENGINEERING CONTRACT REVIEW - TJKM (590-10) Public Works Director Thompson introduced Carl Springer with the firm of TJKM. Mr. Thompson advised that TJKM Transportation Consultants has provided Traffic Engineering Services to the City of Dublin since 1983 , originally as a subcontractor to Santina & Thompson, and then as a direct contract beginning in 1985. Services provided are in the areas of general traffic studies, private development review and Capital Improvement Project design and construction review. Mr. Thompson discussed the historical cost comparison; utilization by employee classification; review of cost-effectiveness of contract vs. in-house; 1992-93 private development review; and 1992-93 capital projects. Mr. Thompson advised that TJKM is proposing no increases in rates for 1992-93 and is proposing no changes to the existing agreement. Mr. Thompson stated that Carl Springer with TJKM was present in the audience to answer any of the Council's questions. Mr. Springer stated they enjoy working with the City of Dublin. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 259 Adjourned Regular Meeting June 9, 1992 Cm. Burton stated he had been very impressed with TJKM's services. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 72 - 92 APPROVING A NEW AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH TJKM TRANSPORTATION CONSULTANTS REQUESTS FOR FUNDING Mayor Snyder stated he had a Conflict of Interest and would excuse himself from discussions and decisions related to The Center, the Dublin Fine Arts Foundation and the Dublin Substance Abuse Council. The Center - $10, 000 Patricia Marrone, Executive Director, advised that this organization has served the Tri-Valley community for 20 years. The Family Crisis Center provides emergency food, motel vouchers and other services to people in the community. In 1990, they responded to 8, 633 requests and in 1991, they responded to over 14, 600 requests. In addition, there has been a 43% increase in the last 6 months. They were requesting a grant from the City of Dublin for $10, 000 in order to insure continuation of emergency services at the Family Crisis Center. They hope to begin the process of implementing a case management system to help those people who receive emergency food from becoming homeless. Cm. Moffatt asked if they have a budget and if so, the total amount. He also questioned if they are requesting seed money for the new program. Ms. Marrone advised that their total budget is $1.5 million. They do a lot of fund raising, apply for grants, and have a variety of funding sources. One of the programs which has been very successful is an intern training program of therapists. They then provide 20 hours working with people in the community. It is a new effort. Cm. Moffatt asked if she was aware of organizations like ACAP that provides money for new concepts. She might be able to get support from them. Ms. Marrone stated they are putting together presentations for several public and private agencies for a variety of funding sources. Infor- mation regarding the INTERACT program was distributed. CM - VOL 11 - 260 Adjourned Reqular Meeting June 9, 1992 Dublin Fine Arts Foundation - $8, 000 Ron Nahas, President of DFA, expressed gratitude for the City's past support and stated the City has been very generous. They recognize that the City is struggling with priorities and their request may be considered non-essential by some. They make no apologies and feel that cultural activities are essential and that the City has a responsibility in this area. The community has benefitted greatly from their programs. They are requesting 20% of their funding from the City. They run a very efficient program. Their request is modest and equates to about $ . 33 for each person in the community. In a symbolic sense, a contribution from the City is important. Dan Downey, a DFA member stated he was present to encourage the City to continue assisting in funding this foundation. They make every effort to raise funds from other sources, but need the City's continued support also. Rayme Meyer, speaking on behalf of the Friends of the Dublin Library, commended the City for its support of the DFA. She was proud to have the Library collaborate on the "Fine Art of Books" display at the Civic Center. Claudia McCormick, a DFA member stated she thought this was the best bargain in town. She urged the Council to seriously consider continuing its funding for this group. She was not unaware of the hard times being faced by everyone and felt there is a tendency to put cultural arts down at the bottom of the list. This is important for the quality of life for citizens and to keep up the beauty of the City. Mary Gibbert, a Commission member commended the City Council for maintaining the quality of life in Dublin. Senior citizens and youth and those who enjoy the Library hope the Council will continue to support the DFA. Cm. Jeffery commented that one of the displays currently in the Civic Center lobby is Mary's books on cats. Dublin Substance Abuse Council - $4 ,500 Bob Kreider, Chairperson, discussed DSAC's mission and goals statements. They have 3 goals: 1) Provide education to the public about substance abuse. 2) Develop plans, and support for, programs to prevent substance abuse. 3) Provide support, assistance and encouragement to local agencies who provide services for treatment, referral, enforcement or intervention to Dublin citizens in the areas of substance abuse. Mr. Kreider stated he has been involved in the community for 24 years. He is not a Dublin resident, but is very involved with the schools. He has always been out trying to raise money for different things. It is getting very difficult to get money. They are asking for $4, 500 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 261 Adjourned Regular Meeting June 9, 1992 which will fund Dry Grad Nite and Red Ribbon Week. If these programs aren't funded, we will be hurting the kids that need them most. This is not a budgetary issue, but a moral obligation. We either pay now or pay later. Cm. Jeffery stated DSAC has done a wonderful job of making people aware. Mr. Kreider reported that they recently had a challenge day program. This program talks about peer pressure and living a lifestyle free of alcohol and drugs. Any student who goes through this program is affected in a positive manner. We do have a problem in our community and it is very important to address these problems. Cm. Moffatt asked if this group is part of The Center. Mr. Kreider stated their funds are channeled by The Center, but they are not directly affiliated. Livermore Amador Valley Transit Authority (Wheels) - $1, 500 Barbara May, Director of Finance and Administration advised that they are requesting money to support the Dial-A-Ride program. These funds will help offset coverage for Dublin residents. They are facing similar cutbacks and it is important for the City of Dublin to come forward with the money this year. Dublin's ridership is up 10% when looking at May 1991 compared to May 1992. Cm. Jeffery asked Ms. May to comment on the impacts of the Americans With Disabilities Act (ADA) . Ms. May advised that this has had a great effect on LAVTA, particularly the comparable service requirement. They must find the money to provide ADA services. Guy Houston, 7611 San Sabana Road stated he felt cutbacks should occur to the fat at City Hall before cuts to services impacting citizens. He suggested that the Council cut the $48,000 in funding to Community TV and that library services are more important. Also, the Sidewalk Safety Program represents $50, 000 that the City could save by charging the residents to repair their own sidewalks. Other cities do this and Dublin should also. With regard to the Park & Recreation Master Plan, there is no planning needed now and this would save $20,717 . Total savings as he suggested would be $118, 717. The biggest money drain is all around us in the 18, 000 square feet of vacant space at City Hall. This wasted space and asset should be utilized. Mr. Houston also questioned the investment policies of the City. Pleasanton's contingent reserves equal 10% of their budget; Livermore's contingent reserves equal 25% of their budget. He questioned why Dublin's contingent reserves are more than 100%. The City Manager suggests not tapping into the reserves, but to fund the requests for $51, 000 would represent only 3/10 of 1% of reserves. Also, the City is not making a CM - VOL 11 - 262 Adjourned Regular Meeting June 9, 1992 significant amount on its investments. The 1980's are over, but along the way Dublin got fat and some of the fat is here at City Hall. Mayor Snyder pointed out that had he known what Mr. Houston was going to say, he would have told him that this was not the appropriate time to voice these types of comments. Also, Mayor Snyder clarified that Mr. Houston had a lot of inaccurate information in his figures. A short recess was called. All Councilmembers were present when the meeting was reconvened. PUBLIC BEARING 1992-97 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (330-40) Mayor Snyder opened the public hearing. City Manager Ambrose presented a multi-year fiscal forecast and stated it is critical that the City not use its reserves to meet shortfalls. Mr. Ambrose advised that Staff had spent a great deal of time trying to look into the future. Mr. Ambrose stated Staff looked at current levels of service and projected expenditures. If the City continues to fund the current service level, we could be looking at a deficit of $1.9 million by the end of 1995-96. If we lose our DMV fees, the cumulative shortfall would be about $5 million. This does not take into consideration any higher service levels. Fortunately, we have made some good decisions in the past and have over $1 million generated each year due to prudent management practices. We need to become as independent as possible from Sacramento. Based on projected interest rates for 1992-93, for every $100, 000 that is taken from reserves, the City permanently loses $5,777 in operating income. If the City is going to continue to provide quality basic municipal services to the community, it must seek ways to become less dependent on Sacramento. Only by exercising financial restraint will the City be able to meet its obligation to the community over the next several years. Mr. Ambrose then advised that the total proposed CIP costs for the next five years are $16,480, 103 and broken down: General Improvements -$ 31,700 (1 project) ; Community Improvements-$345, 600 (4 projects) ; Parks-$1, 648, 401 (16 projects) ; and Streets-$14,454,402 (15 projects) . This amount does not include $4, 129,284 expended on projects which will not be completed prior to June 30, 1992 . The Sidewalk Repair Program makes up part of the City's required maintenance of effort requirement under Proposition 111. Our community has been fortunate and gotten a greater share of grant funds for streets than most of the other communities in the area. The Planning Commission reviewed the Five-Year CIP on June 1, 1992 and determined that it was in accordance with the City's adopted General Plan. The Park & Recreation Commission reviewed those park and :djour:e:■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■CM - VOL 11 - 263 Regular Meeting June 9, 1992 recreation facility projects included in the Parks program portion of the CIP. Unlike past years, there are many more park projects than can be accomplished with available financing over the next five years. Mr. Ambrose pointed out that it is important to note that not all the projects are fully financed in the latter portion of the CIP. The total amount of revenue available to fund projects on which the City can be certain totals $7, 255,908. This is $9,224, 195 less than is needed to finance those projects which remain in the CIP. Mr. Ambrose stated that during the first 10 years, the City aggressively pursued improvements and additions to the capital infrastructure of the City. This included numerous street and park projects which were needed due to the neglect the community experienced as an unincorporated area. The City was able to undertake these projects because of the fact that the City's tax base was enhanced as the City grew. For the next several years, the City faces the prospect that very little growth will occur. That fact, compounded with the severe recession, housing slump, savings & loan problems, and the State budget deficit will mean that the amount of funds that the City will have available to spend on capital improvements will continue to shrink. Cm. Burton stated things were very depressing. Rebecca Hopkins, a resident of Calle Verde stated she has been a lifetime resident of Dublin. She lives just down the street from Mape Park. Improvements at Mape Park have been an identified project for approximately 5 years. It was up to be renovated this year. This park has value to the entire community. It is highly used by not only the neighborhood, but by Nielsen School, for soccer practice, etc. At the Council meeting last evening, the Heritage Center was put in as a new project, replacing Mape Park. While our heritage should be protected, the City should also improve existing facilities. Mape Park serves a greater number of residents and improvements suggested could improve problems that have been in the park for several years. Cm. Burton stated it was obvious that Staff had spent a great deal of time putting the CIP together. Mayor Snyder closed the public hearing. Cm. Jeffery stated she would have trouble voting to approve the CIP because the Heritage Center funding is included, and she didn't think it was appropriate to give it top priority over projects that were being bumped. Residents have waited patiently for years for Mape Park to be improved. On motion of Cm. Moffatt, seconded by Cm. Burton, and by majority vote, the Council adopted ® ■ ■ ■ e e ■ e ■ ■ ■ ■ e ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 264 Adjourned Regular Meeting June 9, 1992 RESOLUTION NO. 73 - 92 ADOPTING THE 1992-97 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Cm. Jeffery voted against the motion. PUBLIC HEARING ADOPTION OF 1992-93 ANNUAL BUDGET AND FINANCIAL PLAN (330-20) Mayor Snyder opened the public hearing. City Manager Ambrose advised that the total recommended appropriations for Fiscal Year 1992-93 are $18, 656, 552 for all funds, with expenditures broken down by category: Operating Budget - $14, 148,592 ; Debt Service - $1,815, 633; Capital Improvements - $2,415,875; Internal Service Budget - $272 , 041; Less Recommended Cuts - ($166, 039) ; Appropriations to Restricted Reserves - $170,450. Although the recommended appropriations total $18, 656,552, the anticipated net total expenditures for all funds is $16,495, 091. This difference is attributable to the following factors: 1) The City is required to budget the City's Debt Service payment of $1,718,970 in the Dublin Information, Inc. , fund and the City's annual rental payment of $1,718,970 to DII in the Building Management activity of the General Fund. The City will actually be spending only $1,718,970 less $140,727 in estimated interest earnings on the 1988 Certificates of Participation Reserve Fund. 2) The cost associated with the Internal Service Fund are also included in the General Operating Budget. These costs are charged by the ISF to various departmental users for the operation or replacement of equipment that has a life in excess of one year. 3) For FY 1992-93, a total of $166, 039 in recommended reductions is proposed in order to balance the 1992-93 Budget. The recommended reductions were discussed. Cm. Jeffery felt that City Council and Staff education is paramount to keeping abreast and really important. She felt that perhaps only a portion should be cut from the travel and meeting costs account, rather than the entire amount of $33 ,425. Mr. Ambrose advised that the City Council had heard presentations earlier for several requests for funding which were not included in the proposed budget. These included requests for funding from: 1) Dublin Hills Landscape Committee - request for improvements to landscaping to Topaz Circle estimated cost $16, 438 - $31, 500 for improvements and annual maintenance and utilities estimated at $2, 400 per year. 2) Dublin Substance Abuse Council - request for $4, 500. 3) Dublin Fine Arts Foundation - request for $8, 000. 4) Livermore Amador Valley Transit Authority - request for $1, 500. 5) The Center - request for $10, 000. 6) Heritage Center (Higher Service Level) - $27, 082 . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 265 Adjourned Regular Meeting June 9, 1992 Mr. Ambrose advised that the initial Budget document was prepared in order to provide a current level of service for all operating departments with the exception of Engineering. In the Engineering Department, a higher service level is necessary in order to meet the mandates associated with the Clean Air Act and Proposition 111. Because Staff identified insufficient funds for 1992-93 to finance the current service level of operations, the City Manager identified a number of possible expenditure cuts, and transferring funding of certain expenditures to funds other than the General Fund. Mr. Ambrose advised that given the bleak prospects for generating additional revenues over the next several years, he recommended that the City Council continue its pay-as-you-go policy in considering the Budget, as was discussed during the 1991-92 Mid-Year Financial Review. Mayor Snyder closed the public hearing. Cm. Jeffery stated she disagreed with some of the recommended cuts, namely travel and meeting expenses. Also, with regard to paratransit services, she felt that $1,500 is a small amount of money and the service is very needed in the community. Cm. Moffatt stated he would hate to cut the teen program. Cm. Jeffery pointed out that this was one of the Council's priorities. Cm. Burton pointed out that cutting this program would save the City a little over $18, 000. He questioned what this program involved. Recreation Director Lowart stated the teen program consists of 2 components. A noon-time program is offered twice a week at Wells Middle School and the program averages between 45 and 65 students. A new program started this year was an after-school drop-in program offered 3 days a week, also at Wells in one of the portable buildings. About 12 kids per day participate in this program. Ms. Lowart advised that the Park & Recreation Commission was not in favor of eliminating anything, but if cuts were inevitable, the teen program would be first to go, then one of the playground sites, then the senior lunch program. Cm. Moffatt asked about cutting the calendar and Mr. Ambrose reminded the Council that Staff will send out a community newsletter. Some of the information cut from the calendar could possibly be added to the newsletter. Mr. Ambrose indicated that 80% of the State's budget is legally mandated and the other 20% is discretionary. If they withhold our VLF funds, this will mean about $3/4 million that we won't get. This could mean some serious cuts. Cm. Burton asked if the City should be prepared to have this happen. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 266 Adjourned Regular Meeting June 9, 1992 Mr. Ambrose responded that maybe the City needs to look at other ways to generate revenue. Mr. Ambrose responded to the use of unimproved tenant space. He indicated we now have about 4,900 square feet of unimproved tenant space at the Civic Center. In the Public Works Department, we have run out of space, so we may need to use some of the expansion space for our own services. Cm. Burton asked about the possibility of having a tenant improve the space. Mr. Ambrose explained that a lot of the space is built into the existing offices. This was purposely done in the Police Department as an example. Cm. Burton stated this is pretty hard-nosed stuff the City Council must deal with. He did not feel the City should use its reserves. Mayor Snyder questioned the impacts of using the $26, 000 internal service fund reserves. Mr. Ambrose responded that we would not have this money available to use for anything else. It is a one-shot deal. Mr. Ambrose discussed the infrastructure financing workshop. He has been working with Mike Davis, the former Town Manager of Danville and Bob Beebe with regard to putting on a workshop perhaps on a Saturday afternoon. A panel of experts would be provided to give elected officials a good overview regarding options available. DSRSD has indicated they will put in $4, 000 and pay for the food. Mike Davis' services would cost about $10, 500 and he would put it together and act as facilitator and bring the panel together. Mr. Ambrose stated DSRSD felt that if the School District Board participates, they should pay a portion, but it was doubtful they could find funding for this. The Council indicated they felt it would be beneficial for the School Board to participate in any event. Mayor Snyder suggested eliminating the calendar ($14, 390) , the volunteer recognition ($3 ,500) and using the internal service fund ($26, 000) . He suggested that the City fund the Topaz Landscaping ($17, 000) , DFA ($8, 000) , DSAC ($4, 500) , and Wheels ($1,500) . Mr. Ambrose stated the Council needed to discuss operation costs of the Heritage Center. Cm. Jeffery suggested that maybe the City should keep it closed this year. Ms. Lowart stated there are some fixed costs which need to be looked at. If it is closed and not open to the public, we could save about $4 , 300, plus reduced maintenance based on no use. Maintenance identified for the old Murray School was more intensive. ■ ® ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 a 267 Adjourned Regular Meeting June 9, 1992 Cm. Burton stated he was confident that we could get by with less for the Heritage Center. Mr. Ambrose pointed out that timing will greatly affect the costs. If it were fully improved, we would have janitorial and grounds maintenance. These types of buildings are costly. He suggested cutting the budget to $20, 390 and then as Staff gets into it, they can come back with information to the Council. Cm. Burton indicated there are people out there who want to help with the renovating and cleanup. Cm. Howard questioned the procedure for tree removal and pruning at the cemetery. Maintenance Superintendent Loweree stated the initial cleanup will probably increase every year. There is now dead wood and disease in the trees. They are very old and they need a lot of care. Annual tree costs will increase, possibly dramatically. Cm. Howard asked if it would be necessary to go in and do this all right away. Cm. Burton advised that the endowment fund produces $8, 000. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to cut the 11 areas identified and recommended by the City Manager totaling $166, 039 (with the exception of Wheels-$1,500) , and also identified the following additional cuts: Community Calendar - $14, 390; Volunteer Recognition - $3,500; Internal Service Fund Reserves - $26,000; and Redevelopment Consultant - $7, 500. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by majority vote (Mayor Snyder and Cm. Burton abstained) , the Council agreed to provide funding as follows: Dublin Hills Landscape Committee - $17, 000; Dublin Fine Arts Foundation - $8,000; Dublin Substance Abuse Council - $4, 500; LAVTA (Wheels) - $1, 500; and Heritage Center - $20, 390. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 74 - 92 ADOPTING A BUDGET FOR THE CITY OF DUBLIN FOR FISCAL YEAR 1992-93 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 268 Adjourned Regular Meeting June 9, 1992 1992-93 APPROPRIATIONS LIMIT (330-20) Finance Director Molina explained that each fiscal year, the Council is required by law to adopt an appropriations limit. The City's appropriations limit base for 1992-93 calculations is the 1991-92 appropriations limit of $17,515,325, adjusted by the changes allowed by Proposition 111, approved in June of 1990 to $17,644, 667. When combined, the appropriations growth rate and the adjusted current year's appropriations limit produce a new limit of $18,978, 048 for Fiscal Year 1992-93 . On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the use of Dublin's population increase and increases in non-residential construction valuation in calculations of the 1992-93 Appropriations Limit and adopted RESOLUTION NO. 75 - 92 ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 ($18,978,048) OTHER BUSINESS Infrastructure Study Mr. Ambrose requested direction from the Council regarding School District participation in the infrastructure study workshop. The Council directed that the School District be invited to participate. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:50 p.m. Mayor ATTEST: City Clerk ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 269 Adjourned Regular Meeting June 9, 1992 REGULAR MEETING - June 22, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, June 22, 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 30 p.m. , by Mayor Pro Tempore Jeffery. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, and Moffatt ABSENT: Mayor Snyder PLEDGE OF ALLEGIANCE (610-20) Mayor Pro Tempore Jeffery led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION TO PARR & RECREATION COMMISSIONER SBRANTI (610-50) Mayor Pro Tempore Jeffery read and presented a proclamation to Tim Sbranti commending him for his service as student representative on the Park & Recreation Commission. Ms. Jeffery pointed out that Mr. Sbranti had perfect attendance during his term on this Commission. Mr. Sbranti thanked the City Council for giving him a chance to be on the Park & Recreation Commission. It is very valuable to have a student on this Commission. He will be pursuing the possibility of having a student on the School Board. Mr. Sbranti stated that since he moved to Dublin in August, 1979, the parks have gotten so much better than they were. We have some of the finest facilities found anywhere. Recreation Director Lowart and the Commission are truly outstanding people. Mr. Sbranti commented that he wore his San Francisco 49er tie this evening, which he only wears on special occasions. CUSTOMER SERVICE AWARD FOR JULY (150-90) City Manager Ambrose presented the July Customer Service Award to Bob White, Building Inspector. Mr. Ambrose advised that Bob was nominated by his peers for demonstrating exemplary customer service skills. Bob was presented with a restaurant gift certificate and a coffee mug displaying the City's customer service motto. CM - VOL 11 - 270 Regular Meeting June 22, 1992 PROCLAMATION RE BREAST CANCER ACTION (610-50) Mayor Pro Tempore Jeffery read a proclamation urging all elected and appointed -officials in the State of California and all women's organizations to pledge solidarity with BREAST CANCER ACTION by promoting community education, awareness, and activism concerning breast cancer as a public health emergency and support the enactment of state and federal legislation to accelerate investigation into the cause, treatment, and prevention of breast cancer. Grace --- accepted the proclamation. She stated she has lived in Dublin for the past 12 years and only recently became aware of the epidemic of breast cancer in the United States. Cm. Burton commented that in a recent Ann Landers column, there was an article about men also getting breast cancer, so it's not just confined to women. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council Approved Minutes of Adjourned Regular Meeting of May 12, 1992 (West Dublin) ; Accepted improvements under Contract 92-03, Dublin Boulevard Bridge Deck Repair and authorized full payment of $12, 127 to American Grouting, Inc. /Erbentraut & Summers Joint Venture (600-30) ; Received a Report related to LAFCO's deadline for hearing Sphere of Influence application for Doolan Canyon (620-60) ; Received a Monthly Status Report regarding existing Non-Conforming Signs identified on the Non-Conforming sign Summary List (400-30) ; Appropriated 1991-92 unappropriated revenue to each respective fund's reserves for authorized projects (330-20) ; Adopted RESOLUTION NO. 76 - 92 APPROVING AN AMENDMENT TO THE AGREEMENT WITH GRAPEVINE CLEANING SERVICE FOR JANITORIAL SERVICES AT CITY FACILITIES (600-30 Accepted improvements constructed under Contract 91-10, Nielsen and Cronin School Play Area improvements and authorized Staff to release $5,717, 65 retention payment to A-1 Fencing and Playground (600-30) ; ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . CM - VOL 11 - 271 Regular Meeting June 22, 1992 Adopted RESOLUTION NO. 77 - 92 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES (19 HOURS) DURING FISCAL YEAR 1992-93 (600-40) Adopted RESOLUTION NO. 78 - 92 APPROVING AN AMENDMENT TO AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES AND SCHEDULE OF RATES FOR FISCAL YEAR 1992-93 (600-30) and authorized the Mayor to execute same; Received the Finance Report for Period Ending May 31, 1992 (330-50) ; Approved Warrant Register in the amount of $912, 002 .82 (300-40) . REQUEST TO CLOSE ERIE COURT (650-50) Public Works Director Thompson advised that a resident of Erie Court, Cindy Smyth has requested a street closure from 6: 00 p.m. , to midnight on Saturday, July 4, 1992, for a block party and Neighborhood Watch meeting. Mr. Thompson explained that the conditions for this type of request are that the residents obtain an encroachment permit, either purchase special event insurance through the City or provide an insurance certificate from individual homeowners' policies, and provide lighted barricades which are to be monitored at all times. Other conditions relate to litter cleanup and use of alcohol by adults only. Closure of this court would primarily affect only the residents of the street itself. Erie Court is accessed by Ebensburg Lane. Cm. Burton questioned how much lead time is required for getting these types of requests in and processed. Mr. Thompson advised that since they have to come before the City Council, requests have to be in at least a week prior to the meeting. From a Staff standpoint, they are processed fairly quickly. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council approved issuance of encroachment permit, provided residents purchase insurance. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■CM - VOL 11 - 272 Meeting June 22, 1992 PUBLIC HEARING TRIP REDUCTION ORDINANCE (590-80) Mayor Pro Tempore Jeffery opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second reading of an Ordinance which would establish a trip reduction program. This State-mandated Ordinance would initially require employers of 100 or more persons to participate in the program. Employers of 50 to 100 persons would be required to participate within 3 years. Each jurisdiction in Alameda County is required to adopt this type of Ordinance by June 30, 1992 . The impact of not adopting and implementing the Ordinance would be the possible loss of Federal ISTEA monies and State Gas Tax monies. The City's Ordinance, which is based on a model ordinance, may require a future amendment to accommodate a future trip reduction element to be developed by the Bay Area Air Quality Management District as part of the Regional Air Quality Plan. This may impose additional requirements on local jurisdictions and businesses. Mr. Thompson advised that partial funding for implementation of the TRO requirements may be available through the funds generated by Assembly Bill 434, which mandates an increase on license plate fees. Mr. Thompson advised that the City of Dublin will not be required to participate as an employer because the number of employees in each building is less than 50; however, Dublin could consider implementation of its own Commute Alternatives Program as a model to other employers by using some of the provisions of the Ordinance. Consideration could be given to ride-sharing, flexible schedules, or the possible use of electric cars. Cm. Burton stated we should make sure people know that the air quality group has a lot of power they haven't used yet. This is only the beginning. People will be required to make changes in their lifestyles. Mayor Pro Tempore Jeffery suggested that we pass information regarding our concerns on to Air Quality and the fact that 80% of the pollution is caused by 10% of the older cars. We should encourage people to get the older cars off the road or offer some incentives. This is a very expensive program. Mr. Thompson advised that some counties have programs to buy the older cars. Cm. Burton asked, with regard to the City's compliance, if Staff had come up with any ideas on how we will motivate the people to do this. People causing the smog are mainly out of the area coming through her going to the Peninsula. He was concerned about some horsepower going into this that people might not be ready for. Mr. Ambrose stated, obviously, this ordinance was not Staff initiated. Some of the more urban areas have more problems. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 273 Regular Meeting June 22, 1992 Discussion ensued related to electric cars and the fact that there probably won't be enough energy available to power them. Mayor Pro Tempore Jeffery closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council waived the reading and adopted ORDINANCE NO. 10 - 92 ADOPTING A TRIP REDUCTION PROGRAM APPOINTMENT OF STUDENT MEMBER TO PARK & RECREATION COMMISSION (110-30) Recreation Director Lowart advised that the Park & Recreation Commission, at their meeting of June 3, 1992, recommended that the City Council appoint Jim Rasmussen as the student representative to the Park & Recreation Commission. Cm. Burton stated he was anxious to see if Mr. Rasmussen could speak as well as Mr. Sbranti. Mr. Rasmussen stated it will definitely be a great opportunity for him to get hands-on experience in City government. He has been talking with Tim Sbranti throughout the year, and feels that it will be a very valuable experience for him. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council appointed Jim Rasmussen to the Park & Recreation Commission. GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 (630-20) City Clerk Kay Keck advised that the next municipal election to be held in the City of Dublin will be on Tuesday, November 3, 1992 , at which time voters will elect 1 Mayor for a term of 2 years and 1 Councilmember for a term of 4 years. The nomination period for candidates for these offices will open on Monday, July 13, 1992 . Ms. Keck advised that the City Council may determine whether to increase the number of words allowed in the candidate statements from 200 to 400 and may also determine whether the City or each candidate pays the costs associated with the printing of candidate statements in the sample ballot. The estimated cost to a candidate for printing his or her statement of qualifications, based on a 200 word statement is $100. Ms. Keck advised that Resolutions have been prepared calling the election, requesting the Alameda County Board of Supervisors to consolidate the City's election with the Statewide General Election, ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 274 Regular Meeting June 22, 1992 and authorizing certain procedural matters, and in addition establishing regulations pertaining to candidate statements and the costs thereof. Cm. Moffatt questioned if there were filing fees. Ms. Keck explained that signatures collected on nomination papers are in lieu of a filing fee. The charge is for the printing of a statement of qualifications in the sample ballot. Cm. Burton stated he felt that if someone makes an effort to run, the City should pick up the costs. People coming in cold could be discouraged by this $100 to get started. This is not a major expense. Cm. Moffatt agreed that $100 is not very much money, and for someone who is going to run for office, this is a token payment. If candidates weren't charged, someone could file just for the fun of it just because it doesn't cost them anything. If a person is serious, this is not that much money to spend. Ms. Keck advised that there is a procedure in the Elections Code whereby indigent people who are unable to pay the costs can still run for office. Mayor Pro Tempore Jeffery pointed out that someone could also run without having a statement printed. She was concerned that the City could potentially have 100 people run and some could be frivolous. Cm. Burton felt the people who couldn't afford to pay would be embarrassed. Cm. Moffatt thought the process could be similar to applying for a scholarship. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 79 - 92 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 3, 1992; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority vote (Mayor Snyder absent) , the Council determined that candidates should pay the costs associated with the printing of the candidate statements, established a 200 word length for candidate statements, and adopted ■ ■ ■ ■ ■ ■ ■ ■ ® ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CN! - VOL 11 - 275 Regular Meeting June 22, 1992 RESOLUTION NO. 80 - 92 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 31 1992 Cm. Burton voted against this motion. OTHER BUSINESS State Budget Crisis (330-80) City Manager Ambrose advised that the City had been receiving faxes from the League of California Cities keeping us apprised of what's happening with regard to the State Budget. Most recently, the Democrats have approved moving AB8 money from cities back to the state. They have also identified the fact that no and low property tax cities will lose about $40 million in their plan. It's very difficult to get ahold of anyone from the LOCC because they are very busy lobbying for cities interests, however, Staff is trying to keep on top of what's happening in Sacramento. On Tuesday, a number of cities will lower their flags to half mast as a way of demonstrating their concerns over what the state is doing to local revenues. If cities participate, they suggest that cities contact the press for coverage. On Wednesday, there will be a caravan driving from Los Angeles to Sacramento where they will hold a press conference on the Capitol steps regarding concerns about budget proposals. They will be traveling with a turnip truck in order to symbolize, "You can't get blood from a turnip and also, local governments didn't just fall off the turnip truck" . Cm. Burton questioned which flag Dublin would lower. Mr. Ambrose stated Dublin could lower its City flag. We know there will be an impacts, but we have not yet identified exactly what the impacts will be. Mayor Pro Tempore Jeffery advised that 14 cities in Alameda County got together last week for a press conference. They are all saying, "State, you can't do this to us. If you continue, we will let the public know who is responsible for the cuts that will have to be made. " There are a lot of angry people. Cm. Moffatt stated there Western Cities Magazine has a promotional tape that Channel 30 might broadcast. It shows the process of how cities must keep responding to all the State's mandates. Mayor Pro Tempore Jeffery stated she felt this was an excellent idea. Cm. Burton discussed an article he had read about some cities not carrying out many of the State's mandates. If everyone got excited ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ e ■ ■ CM - VOL 11 - 276 Regular Meeting June 22, 1992 about this, it might give them the idea that they can't do this. He felt this was a great idea which could gain some support. Mr. Ambrose indicated the State does not have a good history of following through on their responsibilities. There is no rationale coming out of this budget process. Mayor Pro Tempore Jeffery stated they are putting heat on cities to solve their budget woes. Cm. Moffatt stated he had a problem with lowering the flag. It's like having a wake before the person dies. Cm. Burton stated it is just symbolic to get publicity. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote (Mayor Snyder absent) , the Council agreed to lower the City flag to half mast as a protest until the State budget is resolved. _ Cm. Moffatt voted against this motion. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:45 p.m. Mayor Pro Tempore ATTEST: City Clerk ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 277 Regular Meeting June 22, 1992