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HomeMy WebLinkAboutItem 4.1 Approve 10-22 & 26-92 Minutes ADJOURNED_REGULAR MEETING - October 22, 1992 An adjourned regular meeting of the City Council of the City of Dublin was held on Thursday, October 22, 1992 , in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 32 p.m. , by Mayor Snyder. ROLL CALL & PLEDGE OF ALLEGIANCE TO THE FLAG PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. 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 September 28, 1992 (Cm. Moffatt abstained from voting on the minutes) ; Approved Warrant Register in the amount of $388, 751. 79 (600-40) . PRIORITIZATION OF CITY SERVICES & CAPITAL PROJECTS FOR FISCAL YEAR 1992-93 (330-20) City Manager Ambrose stated that when the State Legislature adopted the 1992-93 State Budget, approximately 9% of Local Property Tax and Trailer Coach In-Lieu Tax was taken from cities. The loss in General Fund Revenue to the City of Dublin amounts to $349, 122 for FY1992-93 and places the City's General Fund Budget out of balance. Mr. Ambrose stated approximately $135,904 in budgeted expenditures will not be required that were anticipated in the Adopted 1992-93 Budget. Also, the City will have approximately $29, 606 which can be used to offset 1992-93 expenditures as a result of increased SB 300 Grant Funds and the Countywide Abandoned Vehicle Abatement Program. If the Council agrees to reappropriate funds for those expenditures carried over to 1992-93 from the 1991-92 year end surplus, the City would need to address a short fall of $183, 612 . In addition to this 1992-93 shortfall, it appears that the economy is not improving and the State of California will be facing another budget deficit in June 1993 , which may once again impact cities. Mr. Ambrose explained the proposed action plan to balance the 1992-93 and 1993-94 Budgets. Staff recommended that the City Council prioritize City services and capital projects in order that the City has an orderly plan to reduce services, if this option is selected as a means to balance the Budgets. The next step would be for the Council to review the desirability of implementing operational changes ® ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 371 Adjourned Regular Meeting October 22, 1992 ---------------------------------------------------------------------- COPIES TO: ITEM NO_ 4,61 which will result in savings. Next the Council should review revenue enhancement options, and finally, review those one-time measures which can be taken to balance the Budget. Mr. Ambrose explained that this would probably be the first of two or more meetings dealing with the above listed items. Following discussion this evening, the Council will need to schedule another meeting at which time Staff will prepare a final report once the Council has finalized their rankings. The Council began to review the multi-page Summary of Departmental Services. Lou Ann Texeira, Assistant to the City Manager, presented the City Council Budget, and Personnel for both the City and DRFA. Kay Keck., City Clerk, presented the City Clerk's portion of the City Manager/City Clerk Budget. City Manager Ambrose and Assistant City Manager Rankin presented the City Manager Budget, Legal Services, Finance, Data Processing, Building Management, Insurance, Non- Departmental, Crossing Guards, Animal Control, Traffic Signals& Lighting, Disaster Preparedness, Public Works Administration, Paratransit Service, Waste Management, Community Television, Engineering, Economic Development. Acting Police Chief Lt. Norm Gomes presented the Police Budget. Fire Chief Diekman presented the Fire Services Budget. Public Works Superintendent Steve Loweree presented the Street Tree and Landscape Maintenance and Sweeping Budgets, and Park Maintenance. Recreation Director Diane Lowart presented the Library Services, Cultural Activities, Heritage Center and Recreation Budgets. Larry Tong, Planning Director., presented the Planning Budget. Vic Taugher, Building Official, presented the Building & Safety Budget. City Manager Ambrose then went over the Capital Projects Budgets for General, Community Improvements, Parks and Streets. Rayme Meyer, Branch Manager of the Dublin Library, stated there were several students present who wished to speak related to Library services. Ms. Meyer reported that Library usage continues to go up. Michelle stated she attends Dublin High School and if she is given assignments to do the next day and she cannot have access to the Library, she-would get an "F" in that project. A lot of people do not have enough money to get books at the book stores, and they therefore, use the Library. A lot of people will be disappointed if the hours are cut. The Library is practically the only place she can go and get together with friends, and it is certainly the cheapest. Anthony stated he is also a student at Dublin High School. He goes to the Library to relax and it relieves his stress. The Deputy County Librarian who is a resident of Dublin stated the City can be very proud of supporting its Library with the additional hours. The County is facing the same budget reductions, and she urged the City to continue to provide funding for additional hours. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 372 Adjourned Regular Meeting October 22, 1992 Ms. Meyer stated the only time they are open that the main branch is not is Thursday evenings. Circulation has increased in the last year over 23% on Thursday nights. Cm. Burton questioned if the County's hours could be shifted to perhaps close on a morning when the Library might be used less. Ms. Meyer discussed scheduling impacts. Cm. Jeffery questioned if it was likely that Alameda County will cut hours. Ms. Meyer stated they are not planning to cut hours this year, but they don't know what the State will do next year that may impact them. City Manager Ambrose asked if during the State's budget discussions, the Library looked at and considered any contingency plans such as a possible County Service Area for Library service. The Deputy County Librarian stated there is a group looking at every possible means of providing Library services. Mary Gibbert stated she hopes the City won't have to cut back hours, but if it has to be done, she was sure it would be done in the best way possible. Lynne Baer with the Dublin Fine Arts Foundation advised that the City Council had received a letter from DFA President Ron Nahas. She stated she knew the Council is faced with difficult decisions. They hope that what they do in putting art in and around the community enhances the quality of life and that the City would be able to continue funding their programs. Dr. Zev Kahn stated the DFA has increasingly been built to its current level and if the City lets go at this point, it will be very difficult to rebuild. If they lose their level of funding, it would be near impossible to catch up in the future. _ Georgean Vonheeder, President of the Dublin Historical Preservation Association stated she felt that the Measure AA money is not part of the issue for the Heritage Center. This money was to acquire and renovate. They have been working very hard in the last 4 months to do cosmetic and repair work. The renovation work is badly needed. They have always felt that the estimate for the maintenance and operation on a long-term basis if far too high. If the building goes, it goes and will never be able to be brought back up to any acceptable level. This is all we have left of Dublin's history. Cm. Moffatt asked if some kind of foundation or community group could help maintain and provide docents and volunteers at the Heritage Center. CM - VOL 11 - 373 Adjourned Regular Meeting m October 22, 1992 Ms. Vonheeder stated DHPA has always said they want to continue to be the docents and would be the ones to do the maintenance. They are just looking to the City to renovate the facility. Mr. Ambrose stated by taking Measure AA funds, this places some obligations on the City. It must be open and accessible to the public on a daily basis and must be maintained in a condition that doesn't create any hazards or liability to the City. Once the City acquires it, the City is responsible for the liability and hazardous exposure. Ms. Vonheeder stated she didn't feel there is a requirement that it must be accessible to the public on a daily basis. Recreation Director Lowart advised that this is something that has been discussed quite a bit. If we use Measure AA funds, a question has been raised as to whether an entity other than the City can operate it. It is Staff's interpretation that it cannot be leased out to another non-profit foundation. Donna Miller stated they give a number of tours to the school kids. They're very interested and it would be a shame to not have this available. An audience member discussed the mulching program and stated there is more to the program than just mulching trees. There is some net benefit to the City associated with the goodwill of doing a recycling program. The way they are approaching the problem, the pine oils have some value in terms of doing weed abatement. There's some fairly minimal costs associated with this, and they are asking for the City's support through MCE to provide them with some equipment and labor. They would need a feeder and an operator. That would be the extent, and they would actually do all the work. Thirty + parents will be involved this year. He didn't see another alternative plan. Rick Wendling suggested that something be added to the list and that was upper management cuts. Mayor Snyder advised that Mr. Wendling must have arrived at the meeting late, as personnel had already been discussed. Darla Stevens with CTV indicated that in 1984 franchises were signed by the 4 valley cities. Since 1988 when they got new equipment and launched the 580/680 News program, they have put the equipment to good use. Their job is to put local information on the air. Mayor Snyder suggested that the listing distributed by CTV of the previous months' schedule was of no interest to him, because it was after the fact. He would rather see what the programming is beforehand. They could save money on copy costs by eliminating distribution of this document. Cm. Burton stated he has noticed that CTV is starting to do more than just local programming. CM - VOL 11 - 374 Adjourned Regular Meeting October 22, 1992 It was pointed out that the programs they produce themselves are local in nature, but they get tapes to run which may not necessarily be local. Cm. Burton stated in trying to rank the services, he approached it from a slightly different angle than the other Councilmembers. He felt that every service could be reduced somewhat, and that reductions would be considered right across the board. He questioned if a 5%, 10% or 15% cut for some of the recreation programs would be realistic. Ms. Lowart advised that they recover about 46% of their costs overall. Mary Gibbert stated during the week of October 12-16, seniors were asked to- review how reductions would impact senior services. She read a number of the responses and stated she hoped cuts would not have to be made which would greatly impact seniors. Dan Downey stated he concurred with Ms. Gibbert. People in Dublin are very pround of the Senior Center. An unidentified lady in the audience stated she is the parent of 2 children and provides daycare for 6 children. She supports the afterschool program. If this is cut, the community will have to pay in other areas if kids are left alone. An unidentified lady in the audience stated she has 3 children in the afterschool program at Nielsen School. This is an excellent program and if hours are cut, there will be a lot of kids at home alone. Barbara Dailey stated she has 4 daughters and if the afterschool program is not offered, she would be out on a limb. She is a single parent and cannot afford daycare. This program is a Godsend and her kids benefit greatly. An unidentified audience member stated the second most expensive sport is the swim program and those in the program appreciate 2/3 of the bill that is picked up by the City. A lot of kids want to continue in this program. A petition of support for this program was given to Cindy Cobb-Adams who is on the School Board at their meeting the previous night. RECESS A short recess was called. All Councilmembers were present when the meeting reconvened. Carolyn Morgan stated with regard to the LAFCO issue, if Dublin pulls back, thousands of dollars would be saved. The fight against residents who don't want to be annexed will cost a lot of money and Dublin should just let the land sit there for 30 or 40 years. Dublin should take East Dublin in smaller bites to decrease impacts in the future. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 375 Adjourned Regular Meeting October 22, 1992 Mr. Ambrose stated information contained in and quoted by Ms. Morgan in the fiscal impact report is out of date. Cm. Burton stated while he realized the Council couldn't fully discuss it at this time, he questioned what kind of influence the City has with regard to how the Dublin San Ramon Services District operates and how they staff. The City is their biggest customer, and their overhead seems outrageous. Could we look at other options such as providing it ourselves? Mr. Ambrose advised that the City Council might be interested in looking at taking over water services. When this was reviewed in the mid-1980's, their overhead was a lot lower. DSRSD had 4 1/2 people in the finance department and they provided fire, park and recreation services. Their service area has not grown any since then. They now provide only water and sewer and have 14.4 people doing the same job. Because they operate from an enterprise fund, they pass that on as the cost of doing business, and it gets directly cranked into the rates. The question would be whether we could pull just the- water service away, and do it more cost effectively. There seems to be no control over what they are doing over there, and the community might be interested in looking at this. Cm. Burton stated this is certainly a controversial subject. Mayor Snyder advised that there was an interpretation by members of the DSRSD Board that there was a gentlemen's agreement when the---study was completed that the City would not pursue taking over other services for 5 years. This happened when the City took over Fire Services and the parks and recreation areas. Cm. Jeffery pointed out that the 5 years is almost up. Cm. Burton questioned if State Law would allow us to do this. Mayor Snyder stated there is a process that we would have to go through. Mr. Ambrose indicated there would be some fairly difficult legal obstacles that would have to be overcome because the District serves communities across a County line. They are constituted under the Community Services Act of State Law. This was one of the main issues raised last time; trying to untangle it. The District is being very aggressive toward trying to supply water service to the Dougherty Valley. Cm. Burton stated he was told way back at the time prior to incorporation by the District's Financial Officer that the City should try to get water services, because it is a real money maker. Cm. Jeffery stated with regard to delaying street projects, we should be very careful, because of potential costs if we let them go. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 376 Adjourned Regular Meeting October 22, 1992 Cm. Burton thought there might be some way to defer maintenance somewhat on streets that are not as heavily traveled. Bob Fasulkey suggested that the City should take advantage of the opportunity to use volunteer work by the people living in the area of the Topaz Circle Landscaping assessment district project and also to correct the oversite of the developer money being deferred to the Kolb Park tennis courts. Mr. Loweree stated standard levels of service have been used in treating these areas. Mr. Fasulkey advised that the homeowners have voluntarily contributed $7, 000 to this area and there is a window of opportunity to accomplish a very much needed project at a minimal cost. The Council reviewed and revised their rankings where appropriate and presented the final rankings to Mr. Ambrose. The Council established a special meeting date of Thursday, November 5, 1992 , 7: 00 p.m. , for consideration of cost savings associated with lower priority services and projects, operational savings options, revenue enhancement options, and one-time savings options. Mayor Snyder stated this date would be subject to Staff having enough time to cost out the lower priority services and projects. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12 : 25 a.m. Mayor ATTEST: City Clerk e e e ■ e ■ ■ ■ e ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ e ■ e ■ ■ ■ e e e e e ■ e ■ CM - VOL 11 - 377 Adjourned Regular Meeting October 22, 1992 REGULAR MEETING - October 26, 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, October 26, 1992 , in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 37 p.m. , by Mayor Snyder. ROLL CALL & PLEDGE OF ALLEGIANCE TO THE FLAG PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. CUSTOMER SERVICE AWARD FOR NOVEMBER (150-90) City Manager Ambrose presented the November Customer Service Award to Lou Ann Riera-Texeira. GFOA AWARD (150-20) Mayor Snyder presented the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1990-91 to Finance Technicians Katie Mooney and Lynn Harrington. _ _ CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Received the City Treasurer's Investment Report ($16,299, 171. 88) as of September 30, 1992 (320-30) ; Authorized Staff to begin the process for sale of remnant parcels of property from the Dublin Boulevard Extension acquisitions (670-80) ; Received the summer 1992 Aquatics Report (950-30) ; Cm. Moffatt stated he wished to extend accolades to the Recreation Director for all the positive recreational activities the City had last summer. Received the summer quarter 1992 Recreation Report (950-30) ; Approved Warrant Register in the amount of $575, 691. 35 (300-40) ; Recreation Director Lowart advised that the City had received gifts from four members of the community which were directed for use by the Preschool Program and also the Senior Center. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 378 Regular Meeting October 26, 1992 Cm. Burton stated he was glad that this was being discussed as a separate item. He felt gifts from the community should be recognized on the regular agenda. One of the donors was present in the audience and the Council thanked him for his gift to the City. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council accepted the four gifts from members of the community and directed Staff to prepare formal acknowledgments to the donors (150-70) . CORRESPONDENCE FROM DUBLIN SAN RAMON SERVICES DISTRICT REGARDING FUTURE USE OF OLD DISTRICT OFFICES (960-10) Recreation Director Lowart advised that a special consultant for DSRSD has contacted the City to determine if the City has use for the facility recently vacated by the District. The facility includes a one-story office building with approximately 4, 000 square feet, a steel utility building with approximately 3 ,200 square feet, and paved parking for 38 vehicles. Ms. Lowart advised that Staff had discussed this and was unable to identify -any City uses. Also, the building does not currently meet all the handicap codes. Cm. Jeffery pointed out that modifications would have to be done and there would be costs associated. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council directed Staff to respond to DSRSD that the City is not interested in utilizing the old DSRSD facility. NOTICE BY SCHOOL DISTRICT OF INTENT TO SELL A PORTION OF FALLON SCHOOL SITE AS SURPLUS REAL PROPERTY (515-20) Recreation Director Lowart advised that the Business Manager for the Dublin Unified School District has notified the City of the District's intent to sell a portion of the Fallon School site. The property consists of approximately 1/2 acre and is currently leased by the Kaleidoscope Activity Center. Cm. Jeffery stated the School District's intent is to allow Kaleidoscope to buy this site. They are a tremendous asset to the community. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council directed Staff to respond to the DUSD that the City is not interested in purchasing the property. CM - VOL 11 - 379 Regular Meeting 0 0 0 October 26, 1992 ABAG PLATFORM ON GROWTH MANAGEMENT (140-10) City Manager Ambrose presented the Staff Report and advised that the ABAG General Assembly considered a platform on growth management in the Spring of 1992 and approved 8 of the principles presented. Remaining principles were referred to a study group for the development of recommendations. Since that meeting, a number of groups have been working on suggestions for improving the platform. The Alameda County City Management Association (ACCMA) prepared a comparative analysis at the request of the Alameda County Mayors' Conference. The ACCMA has suggested that a consolidation plan be completed prior to merging any of the single purpose agencies, that consideration be given to whether the functions of a regional body as envisioned can be accomplished under the existing statutory authority of the agencies proposed to be merged, and that a clear conflict resolution plan be developed and included if such a regional agency is formed. Mayor Snyder stated the ABAG Board LG&O Committee had met and made minor modifications which will be available at the General Assembly Meeting on Thursday, October 29th. There were no strong feelings to make major modifications. Cm. Burton questioned if this was a compromise to the Bay Vision 2020 plan with other organizations fighting for their turf. He felt the best features were pointed out on the first page, especially the appointment of. 100% local elected officials to regional. governing board. Mayor Snyder advised that the bill was defeated by the Senate at the end of the session last year. Cm. Burton questioned the merging of ABAG and MTC. Mayor Snyder advised that if the study shows that it is worthwhile to merge these agencies, there -was language added. ABAG is hard pressed for money. MTC holds the purse strings. With the suggested changes made to date, it could be more palatable to MTC. Legislation might be forthcoming. Cm. Jeffery advised that this was also the subject of discussion at the recent League of CA Cities conference. Dave Karp, Mayor of San Leandro will be bringing up a suggestion to have .CMA controlled by local government. Thursday will be a confusing day with all the proposals that will be made. Mayor Snyder advised that Air Quality is left out of this discussion because it complicates things too much. They are more of a regulatory body. Cm. Burton pointed out that they have a lot of power they haven't used yet. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 380 Regular Meeting October 26, 1992 The Council reviewed the proposals and directed that the City Council's delegate to ABAG convey the City's direction. Cm. Jeffery requested Staff to make reservations for her to attend the General Assembly meeting on Thursday. PROPOSED PLAN FOR EXPENDITURE OF MEASURE D FUNDS (810-30) Assistant City Manager Rankin presented the Staff Report and advised that the settlement of the initial Measure D lawsuit provided for a distribution of certain funds for recycling and/or source reduction activities. It is anticipated that the City will have approximately $80, 000 in unappropriated Measure D funds. One proposed expenditure is a one-time rebate of $8 . 04 in early 1993 to single-family residential garbage customers. Additional monies are proposed to be expended on programs benefiting multi-family and commercial sectors. Mr. Rankin advised that the Boy Scout Christmas tree program needs approximately $1, 500 in the current year. This is the estimated cost for a chipper and personnel which is consistent with the level of support given by the City to this program in the past and discussions at the October 22nd special City Council meeting. This would qualify as a source reduction program. If this is added, it will leave $11,478 unappropriated for next year. The unappropriated funds are recommended for use on projects oriented towards the commercial sector. The actual use will be determined by City Council budget deliberations next year. These are 1-time only funds available. Cm. Moffatt asked if these funds can only be used for source reduction and recycling activities. Mr. Rankin responded that this was correct. Cm. Burton asked if the $1, 500 for the Boy Scout project will be recorded as a reduction in the percentage to the landfill. Mr. Rankin stated he would be working with Public Works to get an estimate of the quantity. Cm. Burton stated he felt this was very worthwhile. Cm. Moffatt stated he thought in the budget meeting a figure of $2,800 was discussed as being needed by the Boy Scouts for this program. Mr. Rankin stated they were able to reduce some of the cost estimates. Mr. Ambrose advised that at the budget meeting, the same person also spoke about the Dougherty Hills Park and this was where the $2, 800 amount came in. When asked, Mr. Rankin responded that the Waste Management Authority was not clear on how long we will be able to carry this amount over. CM - VOL 11 - 381 Regular Meeting October 26, 1992 Mr. Rankin stated that on most of the items, Staff will be coming back with a specific agreement. Dublin is probably the only agency that has proposed a rebate back to the people. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council authorized the necessary budget change and additional appropriation and directed Staff to prepare any necessary contracts to implement the expenditure. The City support for a Christmas Tree mulch project was included, with up to $1,500 allotted for this project. ALAMEDA COUNTY CONGESTION-MANAGEMENT AGENCY CMA DRAFT DEFICIENCY PLAN GUIDELINES (1060-90) Assistant Civil Engineer Sepehri presented the Staff Report and advised that in June, 1990, voters approved Proposition 111, which allowed for an increase in the gas tax of up to 9 cents. In order for the City to receive these funds and the new Federal (ISTEA) funds, local jurisdictions are required to develop a Congestion Management Program. As part of the CMP, local jurisdictions must prepare a Deficiency Plan if the level of service on any segment of the CMP network becomes Level of Service "F" . If the LOS reaches "F", legislation provides two options for local jurisdictions to remain in conformance. These options are: 1) implementation of a specific plan such as freeway or road widening to improve the LOS of the congested segment; or 2) implementation of other measures which would result in measurable improvements in LOS on the CMA network and would contribute to an improvement in air quality such as mass transit service, improving or installing pedestrian and/or bicycle paths, etc. The CMP network in the Tri-Valley area consists of I-680, I-580 and S.R. 84 . Local jurisdictions will have 180 days to provide a Draft Deficiency Plan from the date that CMA staff notifies local jurisdictions of a deficient segment. The CMA then has another 180 days to work with the local jurisdictions to approve or disapprove the local jurisdictions, Deficiency Plan. Cm. Moffatt questioned if the area was defined for which you improve the air quality. Mr. Sepehri stated it has to be in the general immediate area. The Council received the report on the CMA Draft Deficiency Plan Guidelines. CM - VOL 11 - 382 Regular Meeting October 26, 1992 PROCEDURES RELATED TO APPOINTMENTS TO PLANNING AND PARR & RECREATION COMMISSIONS AND SENIOR CENTER ADVISORY COMMITTEE (110-20) City Attorney Silver presented the Staff Report and advised that because a directly elected Mayor makes all appointments to Committees, Commissions and Boards, this will necessitate changing several documents related to said appointments to the Planning Commission, Park & Recreation Commission and the Senior Center Advisory Committee. Ms. Silver advised that the Council should discuss and determine: 1) length of terms; 2) whether term limitations should be removed or remain on the Planning Commission; 3) whether term limitations should be placed on the Park & Recreation Commission and the Senior Center Advisory- Committee; and 4) the process by which appointments will be made by the Mayor and confirmed by the City Council. The Council should then direct Staff to prepare revisions to the appropriate documents and schedule a public hearing for November 9, 1992 . Cm. Burton questioned why we are trying to reinvent the wheel. There is no evidence of what other cities do which have been doing this for years. This is quite a bit for the Council to decide cold turkey. They must stop and think of what the consequences are and what problems could occur. There should be tenure on the Commissions. He questioned what Pleasanton, Livermore and Hayward do. City Clerk, Kay Keck explained her understanding of the process that Livermore and Pleasanton uses. Ms. Silver advised that the City of Hayward is a charter city and therefore, does not follow the same laws as a general law city. Cm. Moffatt stated he brought up before and had a hard time getting the point across that if you appoint somebody, just like if you hire somebody, there comes a point when they might want to leave. The point then becomes, are they leaving of their own accord, or because the new Mayor wants different direction on the board. He questioned how members would be removed, and if there is any mechanism for this. Ms. Silver explained that because the Mayor makes all appointments, subject to approval by the City Council, if a term is established and the term of an individual expires, then the Mayor could make a new appointment. Cm. Moffatt questioned if no term is established, how would we know when to replace someone. Ms. Keck clarified that Cm. Moffatt was confusing terms with term limits. The Council may establish 2 or 4 year terms, and then decide if Commissioners will be limited to a certain number of terms. Ms. Silver advised that currently the Municipal Code places a restriction on the number of terms that a Planning Commissioner can serve to two consecutive four year terms. The question is whether or not the Council wants to continue the restriction on the number of ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 0 a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 383 Regular Meeting October 26, 1992 terms. The other question is whether the term should be for 2 or 4 years. Cm. Jeffery stated she felt it was very clear that this community wanted the Mayor to only serve a 2 year term. If you have 4 year terms, conceivably we could have a Mayor serve his entire 2 year term and never make an appointment. She suggested that the terms be for 2 years, but without limit. Also, the Council had not discussed other appointments made by the Council. She did not feel these should be ratified by anyone other than the Mayor. The Mayor alone should make those decisions. Cm. Burton stated he would rather see 4 year terms. Perhaps there could be­ an overlap with staggering. He would hate to see the entire Planning Commission removed every 2 or 4 years. He liked the idea of a sub-committee doing the interviews. Mayor Snyder stated he also felt the terms should be for 4 years. Two or 3 Commissioners ,could be up for appointment every other year if staggering were established. He would like to see term limits removed. Cm. Jeffery clarified that all the Planning Commission seats will be open in December. Cm. Moffatt questioned if it would be better to have 2 Councilmembers recommend to the Mayor who the appointments should be. Mayor Snyder stated he felt a sub-committee of 1 Councilmember and the Mayor is a very reasonable way to do it. The ultimate decision is the Mayor's, then the City Council can either ratify or deny it. Staff clarified that a simple vote of 3 would be required to ratify an appointment. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council established a process for appointment of Planning Commissioners whereby the Mayor and 1 Councilmember will interview those interested in serving. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that there shall be no term limitations on Planning Commissioners. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council concurred that no term limits are to be placed on the Park & Recreation Commission or the Senior Center Advisory Committee. Ms. Silver stated formal motions were not required, because Staff would be preparing the necessary Resolutions and Ordinances based on the Council's direction and bringing them back at the next Council meeting. CM - VOL 11 - 384 Regular Meetfnq October 26, 1992 The Council determined that terms will be for 4 years, except for the initial appointments, when 2 people will be appointed to 2 year terms and 3 people will be appointed to 4 year terms. This will cause an automatic staggering of terms to occur beginning in December of 1994. The Council discussed the process by which appointments will be made to the Park & Recreation Commission and the Senior Center Advisory Committee. These appointments will be made in the same manner as for the Planning Commission with no term limitations. The initial appointments shall be 2 people for 2 year terms and 3 people for 4 year terms. The Mayor and 1 Councilmember will interview and the Mayor will make the appointments, subject to ratification by the City Council. The sub-committee will decide which 2 members shall be appointed to the initial 2 year terms and which shall be appointed to 4 year terms. The Council directed Staff to prepare necessary revisions to the various documents to implement the changes discussed and bring back for adoption following a public hearing at the November 9, 1992 , City Council meeting. MULTI-FAMILY RECYCLING PROGRAM (810-60) Assistant City Manager Rankin presented the Staff Report and advised that in order to comply with State mandates related to waste reduction, a Source Reduction Recycling Element (SRRE) was adopted in March, 1992 . The SRRE recycling component identified that the City would implement a multi-family recycling program by 1995. As discussed in the Staff Report, Mr. Rankin reviewed coordination with the curbside program, cost of program, RFP vs. direct negotiation with waste hauler, potential advantage to apartment owners, scope of services, and the draft RFP. Cm. Moffatt asked if Livermore Dublin Disposal takes over this project if the contracts for both multi and single family units would run together. Mr. Rankin stated Staff had not gotten to this level of discussion related to the term of an agreement. The draft RFP discusses a 3 year term, but Staff had not discussed how a bidder might feel about this. There are 3 years from this coming Spring left on LDD's agreement. Cm. Jeffery stated there are some definite advantages of going with LDD. It would be easier for them to track the waste as they have a system already set up which would be very acceptable. She liked Cm. Moffatt's idea of trying to tie the terms together. Cm. Burton stated he had been going back and forth on this issue. He was uneasy about a public agency going without an RFP, but his second reaction is who will be responsible for this small amount of trash. Another concern would be the problems you get into with equipment. He didn't know if there is someone already in the business and would like to see what the market is. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 385 Meeting October 26, 1992 The Council questioned frequency of pick up. Mr. Rankin stated the primary service frequency is when you can't get ° any more in the bin. Staff is looking at the possibility of getting some of the cardboard out. Cm. Moffatt :asked if the City is still involved with studying rates. Mr. Rankin advised that the curbside program is outside of the rate structure so it does not go through the same process. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council directed Staff to pursue direct negotiations with Livermore-Dublin Disposal for the multi-family recycling program and to try for a 3-year simultaneous program. TAX EXCHANGE AGREEMENT WITH ALAMEDA COUNTY UPON ANNEXATION OF WESTERN DUBLIN (60.0-40) City Manager Ambrose advised that an agreement has been negotiated between City Staff and Alameda County Staff with regard to the amount of property tax to be shared in conjunction with the consideration and adoption of the Western Dublin General Plan and Specific Plan. The agreement establishes the City and County's share of the 1% property tax for those areas within Western Dublin which would be annexed to the City in the future. Mr. Ambrose stated that at the time the City Council adopted the Western Dublin Specific Plan, the -SP included a fiscal cash flow model which projected a cumulative fiscal surplus of $2 .974 million for the City upon buildout of the Eden Development in the year 2018 . As part of the negotiation process with Alameda County, Economic Research Associates prepared a revised Fiscal Cash Flow Analysis based upon the renegotiated tax share allocations included in the draft tax exchange agreement. This revised report indicates that the revised tax allocation shares will substantially improve the positive fiscal impact of the Eden Development on the City of Dublin. Cm. Jeffery stated this had been a very difficult process and she appreciated the work that Staff had put into it. Cm. Burton had questions related to the open space and stated Staff had done a good job of negotiating and protecting the City's interest. Cm. Moffatt asked if the density goes up 15% is the tax rate renegotiated. Mr. Ambrose stated it is not a matter of increasing the number of units, but rather it is increasing the ratio of single family to multi family units. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 386 Regular Meeting October 26, 1992 Cm. Moffatt questioned with regard to the open space areas, if the open space were to be administered by a homeowners association, will the tax rate apply to that land. Mr. Ambrose responded yes, because it will still have an assessed value. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 123 - 92 APPROVING AGREEMENT WITH THE COUNTY OF ALAMEDA REGARDING TAX EXCHANGE UPON ANNEXATION OF WESTERN DUBLIN OTHER BUSINESS Cm. Jeffery Retirement Dinner (610-05) Mr. Ambrose reminded everyone -that Linda Jeffery's retirement dinner was being held the following evening at the Civic Center. DRFA (540-10) Mr. Ambrose advised that there would not be .,.a DRFA meeting held-in October. Budget Meeting (330-20) Mr. Ambrose stated he was not sure that the scheduled November 5th meeting date would give Staff enough time to prepare the necessary information. Election (630-30) Cm. Burton questioned when Cm. Jeffery would actually leave office. Ms. Keck responded that Cm. Jeffery would continue to serve until the new Councilmember is sworn in. The Registrar of Voters has almost a month to provide the certification of the election results. It may be that the new Councilmember and Mayor will be sworn in at the second November meeting. CM - VOL 11 - 387 Regular Meeting 0 E E E a October 26, 1992 Tri-Valley Transportation Council (1060-40) Cm. Moffatt provided information to the Council related to the Tri- Valley Transportation Council's resolution of interest which talks about State Highway 84 and the fact that we don't make a decision on this until the EIR is done. Cm. Moffatt also discussed the development of a Tri-Valley Transportation Plan. The study suggests that future entitlements comply with local resolutions and ordinances. A fee program is to be developed. The Council requested that Cm. Moffatt provide them with copies of his information. Proclamation for Pleasanton Councilmember (610-50) The Council requested that a proclamation be prepared for retiring Councilmember Butler from Pleasanton. Proclamation for Mary Gibbert's Birthday (610-50) Cm. Jeffery announced that Mary Gibbert will celebrate her 80th birthday on November 19th. She would like to see the City do something and suggested that a proclamation be prepared. Statistical Information (420-60) Cm. Jeffery read some statistical information that she recently came across; 99% of all people in the world live under an established or struggling democracy; 730 of the people believe the political system is broken; and finally, if God had intended for us to vote, he would have given us some candidates. Within the next 3 to 5 years, it is anticipated that the power will shift from cities to the state. Heritage Center (910-40) Cm. Burton congratulated Cm. Moffatt for getting the Catholic Diocese to agree to the changes in the conditions for use at the old St. Raymond's Church. He questioned what the next step would be. Mr. Ambrose advised that the City Attorney will need to include the revision in the agreement. This is the last roadblock. CM - VOL 11 - 388 Regular Meeting October 26, 1992 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9: 15 p.m. Mayor ATTEST: City Clerk CM - VOL 11 - 389 Regular Meeting October 26, 1992