HomeMy WebLinkAbout08-09-1993 Adopted CC MinutesREGULAR MEETING - August,9, 1993
A regular meeting of the City Council of the City of Dublin was held
on Monday, August 9, 1993, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7:30 p.m., by Mayor
Snyder.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Burton, Howard, Moffatt and Mayor Snyder.
Councilmember Houston.
PLEDGE OF ALLEGIANCE (610-20)
Mayor Snyder led the Council, Staff and those present in the pledge of
allegiance to the flag.
INTRODUCTION OF NEW LIBRARY STAFF (940-10)
Recreation Director Lowart advised that many changes are taking place
at the Alameda County Library and introduced Don Nunes, the new Dublin
Branch Manager and his Assistant Pat Zahn. Rayme Meyer was reassigned
to the Fremont Main Branch.
Mr. Nunes stated it was a pleasure and somewhat of a shock to be here.
Between the 2 of them, they have about 40 years of experience. He
assured the Council that they will do the best they can with the
resources available.
Mayor Snyder welcomed them and stated the City is very supportive
during these trying times.
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote (Cm. Houston absent), the Council
Approved Minutes of Regular Meeting of July 26, 1993;
Authorized the Mayor to execute a letter to the Presiding Judge of the
Superior Court regarding the 1992-93 Alameda County Grand Jury Final
Report (640-80);
Authorized Staff to advertise Contract 93-09 Dublin Swim Center
Bathhouse Renovation for bids (600-30);
Authorized Staff to advertise Contract 93-11 Pervious Concrete Project
for bids (600-30);
Approved Change Order #11 for the Dublin Boulevard Extension Project,
Contract 92-01 (600-30);
Regular Meeting August 9, 1993
Received the City Treasurer's Investment Report for the period ending
July 31, 1993 (320-30);
Approved Warrant Register in the amount of $406,321.17 (300-40).
Planning Director requested that the item related to the CDBG Program
be pulled from the Consent Calendar and advised that Staff had
received from HUD some minor technical revisions to the agreement.
The City may not apply under the small cities programs. Also, it is
requested that the City Manager rather than the Mayor sign the
agreements.
Cm. Moffatt asked if we would have to compete with 5 other cities for
this money.
Mr. Tong advised that Dublin will still be participating in the
program with 5 other cities, but it is not competitive.
On motion of Cm. Moffatt, seconded by cm. Howard, and by unanimous
vote (Cm. Houston absent), the Council adopted
RESOLUTION NO. 95 - 93
AUTHORIZING CITY OF DUBLIN PARTICIPATION IN THE
ALAMEDA COUNTY URBAN COUNTY HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM (600-40)
Cm. Burton requested that the Library Agreement be pulled from the
Consent Calendar and stated he thought what the City is doing with
regard to providing extra library hours was worthy of comment. The
City of Dublin is putting in $165,000 for additional hours of service
for its residents. He was very pleased to call this to the public's
attention.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Houston absent), the Council adopted
RESOLUTION NO. 96 - 93
APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR
13.75 ADDITIONAL LIBRARY SERVICE HOURS DURING FY 1993-94 (600-40)
REQUEST TO DISCUSS CITY'S SMOKING POLLUTION CONTROL ORDINANCE (560-90)
Assistant to the City Manager Texeira advised that Bracy H. Elton,
Ph.D., an upstairs resident of the Amador Lakes apartment complex has
requested that the City Council review the City's Smoking Pollution
Control Ordinance and consider expanding it to cover private
residences. Smokers have moved into the apartment immediately below
his apartment, and their smoke nauseates him and ends up permeating
his household belongings, rugs, furniture and clothes, in addition to
being a health hazard.
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Regular Meeting August 9, 1993
Ms. Texeira stated Dr. Elton has discussed the situation with his
apartment manager who indicated that all she could do was offer to
relocate him, at his expense, elsewhere on the property. There would
be no guarantee, however, that a similar situation would not occur at
a new location. Dr. Elton referenced City ordinances that control
other nuisances, i.e., noise pollution, visual pollution, etc. He
requested consideration to designate non-smoking and smoking areas in
closely situated private residences such as apartment complexes,
condominiums and duplexes. He suggested that it might also include
modifications to the Building Code to require and enforce pneumatic
separation of ventilation systems.
Ms. Texeira indicated that Ordinance No. 13-86 only addresses smoking
pollution control in public places and places of employment. Staff
was unaware of any local ordinance which regulates smoking in private
residences. Legal issues relating to regulating smoking in private
residences by local government would need further investigation.
Dr. Elton displayed overheads and made a lengthy presentation. Due to
the proximity of apartment units, cigarette smoke from the unit below
can enter through his open windows and patio and front doors. Even
with windows and doors closed on both units, smoke from below can
enter the unit above through shared vents and common air conditioning/
heating ductwork.
Dr. Elton referenced research that he had done at the library on the
Americans with Disabilities Act of 1990, the Unruh Civil Rights Act,
the Federal Fair Housing Act of 1968 and the California Health and
Safety Code.
Mayor Snyder stated he thought the intent of the Unruh Law was as a
civil law.
City Attorney Silver stated she did not know if the Unruh Civil Rights
Act could be applied to a situation of this type. Typically these are
acts brought by one individual against another.
Mayor Snyder advised that where Federal or State regulations exist,
the City may not have to adopt specific regulations. He may already
have the right to act.
Dr. Elton stated perhaps the Unruh Act is not strong enough.
Mayor Snyder pointed out that currently, land owners may be able to
regulate their own situations. It would not be necessary for the City
to be involved for them to do this. For instance, if a restaurant
wanted to make their whole establishment non-smoking, they could do
this. It then becomes the customer's choice on whether or not to
frequent the establishment.
Cm. Burton complimented Dr. Elton on his presentation. He felt he
brought up some interesting points although he wasn't sure they were
all valid. He questioned the area of Dr. Elton's Ph.D, and also if he
was aware of this situation when he moved into Amador Lakes.
Regular Meeting August 9, 1993
Dr. Elton stated his degree was in computer science. He has lived in
his place for 4 years with no problem up until this last week.
Cm. Burton felt there was no question that he has a right to smoke-
free air, but the question becomes how to regulate it. Apartments
should have smoke-free areas. It is, however, very difficult to
regulate private property. He felt the marketplace should determine
this. Private property, private marketing and private industry
through awareness will begin to cater to the non-smoking population.
A restaurant owner has a right to make a decision on who he is going
to try to attract. No one has brought this to the City Council's
attention in the past.
Cm. Moffatt stated he made a great presentation. He pointed out that
in the State Legislature, there is a bill, AB 996, which will diminish
the sovereign rights of local government to pass laws stronger than
the Federal Laws. He gave Dr. Elton a petition suggesting he might
get people to sign. AB 996 and AB 13 were discussed. Also, there is
a rider floating around and there will most likely be a lot more
discussion in the next few months about this issue. Cm. Moffatt
advised that if Dr. Elton will get in touch with him, he will be happy
to keep him informed of what's happening with the legislation on this
subject.
Mayor Snyder questioned if he had had an opportunity to address this
with the owners of Amador Lakes as well as the property managers.
Dr. Elton advised that he had written a letter to Ron Nahas with a
copy to the City Clerk.
Cm. Burton stated Mr. Nahas is an outstanding person and he felt
confident that something could be worked out with him.
Dr. Elton thanked the Council.
REQUEST FROM ALAMEDA COUNTY LIBRARY FOR CITY SUPPORT OF SB 566
(ROBERTI) RELATING TO LIBRARY SERVICES ASSESSMENTS (660-40 & 940-10)
Recreation Director Lowart presented the Staff Report and advised that
Linda Wood, Alameda County Librarian is requesting that the City
support SB 566 related to financing of public library services through
assessments on real property. They feel that this enabling legisla-
tion is very much needed by the Alameda County Library in Dublin due
to the shift of property taxes away from the Alameda County Library
system in the State budget.
Ms. Lowart advised that library services, staff and public hours were
all drastically cut in the 1993-94 budget. The need for a high level
of basic library services remain, however, as the Dublin Library is a
very busy library.
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Regular Meeting August 9, 1993
As indicated by Ms. Wood's letter, the Alameda County Library Advisory
Commission has taken a position of support for SB 566.
Cm. Burton questioned why a 10% protest was required under this
legislation instead of a 5% protest.
Ms. Silver advised that the protest amount could vary and it depends
upon what is set in the legislation.
Cm. Burton questioned who decides the percentage.
Ms. Silver advised that the legislature has established different
statutes and in each one of these acts, a different procedure has to
be followed. The assessment districts on tonight's agenda require
over a 50% protest in order to abandon the district.
Mr. Ambrose pointed out that he had met with the Librarian and other
City Managers in the County and the thought process is that it will
most likely be put to an advisory vote.
Cm. Burton stated he felt it should go to a vote. He would be voting
against supporting SB 566, but he is very much for having the people
vote on the bond issue. He did not know why they are trying to hide
the facts. They should just be up front about it. He felt it would
be approved by the voters.
Cm. Moffatt questioned what this legislation would actually do.
Ms. Lowart advised that the Resolution supports the proposed Senate
Bill. The next step would be for the Senate to pass the bill and then
it would allow a local agency to proceed with an assessment.
Cm. Burton asked if the City would pass its own assessment or be a
part of the County.
Mr. Ambrose stated there is a difference of opinion. Some cities
provide the facilities and the service and so it could go either way.
His feeling was that libraries are still a county service, although
cities have recently been building their own facilities. The thing
is, it's better to go to the voters and get a mandate for the service.
Cm. Moffatt asked if we should indicate in the Resolution that as a
City we would like it defined as to whether it is a city or a county
assessment.
Mr. Ambrose advised that this is not relevant at this time. It gets
fuzzy in situations where the city provides a building and the library
provides the service.
Cm. Moffatt asked if we could request the makers of the bill to define
this issue.
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Regular Meeting August 9, 1993
Ms. LoWart stated if this bill passes, the County would work with each
City to identify whether or not there needs to be an assessment. In
our case, they have indicated there still could be discussion on this.
Mayor Snyder expressed concern that the County would eventually say if
we don't want to fund service, the County should get out of the
business. They should provide an equal level of service to each area.
He did not feel the County has the option to pick or choose what they
want to do.
Mr. Ambrose advised that they are talking about establishing a base
level of service. One of the options would be to look at different
zones of activity in each area. If you want more, you could have a
higher assessment.
Mayor Snyder agreed that this makes sense, as long as the base is the
same.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority vote
(Cm. Houston absent), the Council adopted
RESOLUTION NO. 97 - 93
SUPPORTING SB 566 (ROBERTI)
REGARDING LIBRARY ASSESSMENT DISTRICTS
and directed Staff to send a copy to Assemblyman Rainey. Cm. Burton
voted against this motion.
PUBLIC HEARING - CITYWIDE STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50)
Mayor Snyder opened the public hearing.
Public.Works Director Thompson presented the Staff Report and advised
that this is the second of two public hearings regarding the proposed
assessment for Fiscal Year 1993-94. This assessment district funds
energy and maintenance costs for the City's street lighting system.
The proposed district cost estimate for FY 1992-93 is $351,489,
including an accumulated reserve for future pole replacement. An
estimated $145,388 will be carrie~ over from 1992-93 in the form of
reserves. $191,621 is proposed to be assessed to property owners for
the 1993-94 street lighting costs. The proposed assessment per
single-family home is $19.70 for FY 1993-94. Last year's assessment
for a single-family home was $18.62.
Mr. Thompson stated in accordance with State Law, Staff mailed notices
to property owners owning in excess of 7,600 parcels in the City; 388
protests were received, representing approximately 5% of the total
assessable property area in the City. State Law provides that a
protest consisting of owners of over 50% of the land area of
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Regular Meeting August 9, 199.3
assessable property would cause automatic abandonment of the
assessment for FY 1993-94.
Mr. Thompson pointed out that duplexes are now being assessed using a
factor of 2 instead of factor of 3 as was done in the past. There are
40 duplex lots in Dublin, and this action would not appreciably reduce
the total funds to be collected or increase the cost to other property
owners.
Cm. Howard stated she,had talked to some of the people who protested,
and for the most part, they did not realize this was not a new
assessment.
Mr. Thompson stated they did put across the top that this district has
been in effect since 1983, but apparently a lot of people didn't read
it or it didn't sink in. Next year, they will try to make it clearer
that this is not a new assessment district.
No members of the public gave testimony relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote
(Cm. Houston absent), the Council adopted
RESOLUTION NO. 98 - 93
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT,
AND ORDERING LEVY OF ASSESSMENT FOR
CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1
PUBLIC HEARING-LANDSCAPING & LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 86-1 VILLAGES @ WILLOW CREEK TRACT 5511 (360-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson presented the Staff Report and advised
that this is the second of two public hearings regarding the proposed
assessment for FY 1993-94. This assessment district funds maintenance
and utility costs for certain common landscaping improvements in the
Villages @ Willow Creek. The proposed 1993-94 assessment is $84.72
per single-family lot and $42.36 per condominium lot. This year's
assessment is approximately 2.8% higher than last year. Staff is
again proposing to use a portion of the reserve fund (approximately
$10,000) to offset the higher actual District cost. NOT included in
the scope of work for the assessment district are park maintenance
(funded by the City), creek right-of-way maintenance (has been
performed and funded by the developer and is now being taken over by
Zone 7 Flood Control), and maintenance of landscaping improvements
within apartment or townhouse developments (performed and funded by
individual homeowners' associations or property owners).
Regular Meeting August 9, 1993
Mr. Thompson advised that 33 protests had been received and Staff
estimated that the area of property owned by those protesting is
approximately 3½% of the total assessable property area in this
assessment district. State Law provides that a protest consisting of
owners of over 50% of the land area of assessable property would cause
automatic abandonment of the assessment for 1993-94.
No members of the public gave testimony relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote (Cm. Houston absent), the Council adopted
RESOLUTION NO. 99 - 93
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT,
AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN
LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
(VILLAGES @ WILLOW CREEK)
PUBLIC HEARING - LANDSCAPING & LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 83-2 TRACT 4719 (360-20)
Cm. Burton advised that due to a conflict of interest he would excuse
himself from the discussion and would not vote on this issue.
Mayor Snyder opened the public hearing.
Public Works Director Thompson presented the Staff Report and advised
that this is the second of two public hearings regarding this
assessment district. The Conditions of Approval for development of
Tract 4719 require that a homeowners' association be formed to
maintain certain common landscaping improvements within the tract.
This assessment district was formed at the request of the developer as
an alternative to providing landscaping maintenance through the Amador
Lakes and Dublin Hills Estates homeowners' associations.
Mr. Thompson advised that the 1993-94 assessment is proposed to be
$228.72 per single-family lot and $38.68 per multi-family
(condominium) lot. An alternate plan for an increased assessment for
landscape work on the interior would be $265.36 per single-family lot.
The assessment per multi-family lot would remain at $38.68 since the
single-family homes provide 100% of the funding for the interior
slopes. A third alternate was presented at the last public hearing,
but based upon the testimony received, those property owners present
did not support a relandscaping plan.
Mr. Thompson advised that 7 single-family protests had been received,
representing approximately 2.4% of the total assessable property area
in this assessment district. State Law provides that a protest
consisting of owners of over 50% of the land area of assessable
Regular Meeting August 9, 1993
property would cause automatic abandonment of the assessment for 1993-
94.
Mr. Thompson reviewed in detail some of the history of this district
and showed slides of the area.
Cm. Howard asked if when they looked into replanting some of this area
they had considered plants that are susceptible to frost and more
tolerant.
Mr. Thompson stated David Gates & Associates provided information on
drought tolerant plants, which would be best on the different
exposures, etc.
Cm. Moffatt questioned since there were only 3 members of the Council
who could vote on this, if it could only be passed with a unanimous
vote.
Ms. Silver stated she thought it could be passed with 2 votes, but she
would review the applicable code section to make sure.
No testimony was entered by members of the public relative to this
issue.
Mayor Snyder closed the public hearing.
Cm. Moffatt stated he thought he had heard people in this district
saying they would look at taking over the assessment district
themselves.
Mr. Ambrose pointed out that the assessment recommended under
Alternate A is less than they paid in 1992-93 and cuts back to basic
service. Alternate B would give them more money to put in additional
plantings.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Cm. Houston absent & Cm. Burton abstained), the Council adopted
with Alternate A
RESOLUTION NO. 100 - 93
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND
ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD)
PUBLIC HEARING - PROPOSED ORDINANCE ESTABLISHING
BUS STOP ON DOUGHERTY ROAD @ CAMP PARKS ENTRANCE (1060-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that Staff had received a
request from LAVTA (Wheels) to locate a bus stop on Dougherty Road at
the Camp Parks entrance. Recent improvements along Dougherty Road at
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Regular Meeting August 9, 1993
the Camp Parks entrance will allow the bus to stop safely out of the
travel lane. At the present time, a stop is recommended only
northbound (east side of street).
Cm. Moffatt asked if any thought had been given to putting a stop on
the west side at Monterey Street where it goes into Arroyo Vista.
Mr. Thompson advised that Staff could review this and questioned if
this would be inside the development.
Cm. Howard asked if there is a crosswalk there.
Mr. Thompson stated there is a crosswalk at Monterey; or at least
there was one at one time. The one at Camp Parks entrance was taken
out. He discussed the problem in that crosswalks tend to be more
dangerous because they provide a false sense of security to kids as
well as adults when crossing the street.
Cm. Burton questioned if, on the north side there was enough room for
the bus to accelerate.
Mr. Thompson responded that there is.
Cm. Moffatt stated if the Camp Parks program goes ahead the way they
are saying, then the entrance will be moved to the north about a
block. He asked if this bus stop would cover that entrance also.
Mr. Thompson stated he thought their master plan was quite a ways off.
He did not believe that anything official had been done.
No members of the public gave testimony relative to this isSue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Houston absent), the Council waived the reading and
INTRODUCED an Ordinance establishing a bus stop on the east side of
Dougherty Road at the Camp Parks entrance.
DUBLIN CEMETERY OPERATION (295-10)
Recreation Director Lowart advised that the City is currently in the
process of acquiring the Dublin Cemetery. Once the acquisition is
complete, it will be necessary to determine burial procedures and to
notify the former membership of the change in ownership.
After Presenting the Staff Report, Ms. Lowart summarized that the City
does not presently have Staff with experience in cemetery operations
and the number of annual burials (7 thus far in 1993) does not warrant
hiring a permanent employee to handle this responsibility. Staff
therefore recommended that the City attempt to contract with a local
CM - VOL 12 - 329
Regular Meeting August 9, 1993
cemetery or mortuary to handle the burials. Staff would prepare a
Request for Proposal if the Council approves this option.
Cm. Moffatt felt that a historical committee should be formed to work
on things such as this. There should be at least one member of the
Cemetery Association on the committee to ensure a smooth transition.
Also, he felt that parties involved with a funeral should have full
financial responsibility.
Ms. Lowart stated currently the families of the deceased are
responsible for paying the costs involved. With regard to appointment
on the task force, they have recommended that Bill Kolb be appointed
as the cemetery representative. Board Members have assured her that
they will assist until such time that the City is comfortable with the
operations. There was a burial in just the last few weeks, so it is
important for the City to move forward with this.
Cm. Burton stated he felt it is time to get the task force going as
soon as possible.
Mayor Snyder advised that he has a list of names and he and Cm.
Moffatt will get together and hopefully, the appointments will be
announced at the next City Council meeting.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Houston absent), the Council directed Staff to prepare an
RFP for management of burials at the Dublin Cemetery.
CAMPAIGN CONTRIBUTION LIMITATION ORDINANCE (630-20)
City Attorney Silver advised that a question was recently raised
related to the ability of a Councilmember to accept campaign
contributions during a non-election period. The election period is
defined as that period of time commencing July 1st, preceding the date
of any municipal election, and ending June 30th, immediately following
such election. Dublin's current Ordinance, which was adopted in March
of 1987, limits contributions to $300 from a single source during an
election period. Dublin's Ordinance places no restriction on an
individual's use of his or her own money at any time.
In reviewing the provisions of the City's Ordinance, it became unclear
as to the intent of the Council with regard to whether the $300
limitation applied only to an election period, and/or if contribution
limitations would revert to the State limit of $1,000 during an off-
election year, and/or if contributions were not to be accepted during
an off-election year.
Ms. Silver explained that because Dublin's code is silent on whether
or not contributions may be received during a non-election period,
Staff requested policy clarification on how to administer the
provisions of the campaign contribution limitation ordinance.
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Regular Meeting August 9, 1993
Ms. Silver explained that when Proposition 73 was enacted by the
people in 1988, it added provisions to the Fair Political Practices
Act which limit campaign contributions to individuals to $1,000 during
a fiscal year, which is defined as July 1 through June 30. This
limitation was held to be invalid last year. The Federal Court of
Appeal held that the fiscal year provisions of Proposition 73 were
unconstitutional and therefore enjoined enforcement of the
contribution limitation provisions. Proposition 73 also contains a
provision which provides that cities may impose lower campaign
contribution limitations for elective offices.
Ms. Silver advised that Chapter 2.28 may be amended by the Council to
apply the $300 or any other dollar limitation during an "election
period" and during the "off year" or to make it clear that
contribution limitations, if any, in state law apply during "off
years". More research would have to be done to determine if a blanket
prohibition of all contributions during "off years" would be within
the Council's power.
Cm. Burton stated he thought it was the intention of the City Council
to keep the limit at $300 a year, but at anytime.
Mayor Snyder agreed and stated he would like to see the Ordinance
corrected.
Cm. Moffatt stated he thought the intention of the Ordinance was to
give candidates the same financial support and advantage that the
incumbents get. Candidates think that money can only be raised during
the election period and they would typically only be raising money
once they've taken out papers to run for office.
Ms. Silver stated she would need to do some research if the Council
opted for a flat prohibition during' non-election years. She did not
spend a lot of time on this, but if this is the direction given by the
Council, it would be necessary.
Cm. Burton stated he agreed with Cm. Moffatt in principle, but felt
this would restrict free speech. We have established a limit of $300
and it costs $2,000 or $3,000 to get elected. He did not see a
problem allowing the $300 each year.
By a consensus, the Council directed Staff to prepare the necessary
amendment to the Ordinance to allow campaign contributions of up to
$300 from a single source to be collected during any fiscal year. A
public hearing should be scheduled at the next Council meeting at
which time the amended Ordinance would be introduced.
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Regular Meeting August 9, 1993
TRI-VALLEY COMMUNITY TELEVISION - PRIORITIZATION OF SERVICES (1050-50)
Assistant to the City Manager Texeira advised that the CTV Board of
Directors is polling the City Councils from Pleasanton, Dublin,
Livermore and San Ramon in order to obtain information to assist the
Board in determining a programming plan for the upcoming year. The
request stems from a reduced funding level for FY 1993-94. The
scoring system provided options for ranking each program from 1 to 4.
A score of 4 indicates the program is a high priority, while a score
of 1 means the program should be taken off the air. The current or
planned programs included:
RANKING BY COUNCIL
Houston Burton Snyder Moffatt Howard Total
580/680 News .......... Absent 4 3 3 4 14
Mayors Report " 4 3 2 4 13
Valley Forum " 3 3 4 3 13
Valley Magazine " 1 3 2 3 9
Newsletter " 3 3 2 2 10
Election Returns " 3 1 4 2 10
Young at Heart " 2 2 3 4 11
Superintendents Report " 3 3 2 2 10
Conversations ......... " 2 2 3 2 9
Media Roundtable ...... " 3 2 3 2 10
Everything Local " 3 2 2 2 9
Backstage Pass " 2 2 3 3 10
County Report ......... " 2 1 3 1 7
Time for a Story " 2 3 4 3 12
It was pointed out that the first 5 items are fully funded items. The
others are co-funded by cities and other sponsors.
Edy Coleman stated because of the decrease in funding, they are trying
to come up with some way of reducing services and this would help them
determine this.
Cm. Moffatt stated he thought because the Valley Forum lets people get
up and speak, he would rank this very high.
Darla Stevens advised that surveys show that there is an extensive
viewership of 580/680 news and the second most watched program is
Valley Forum.
Mayor Snyder indicated that there is a big shift in money from cities
to schools this year so the School District might be able to fund the
Superintendents Report program.
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Regular Meeting August 9, 1993
Ms. Stevens discussed statistics related to CTV viewers and surveys.
The area viewing audience is about 200,000 and 5% of those view
580/680 news. This figure includes Castro Valley.
Mayor Snyder asked how much money Castro Valley contributes.
Ms. Stevens advised that Castro Valley is not incorporated. They
don't contribute a penny.
Sheila Tole stated they do not cover Castro Valley, so even though
they are able to watch Channel 30 programs, they don't cover them.
Ms. Coleman gave background information on why this was brought to the
City Council. There is some feelings on the Board because funding has
been a real problem. At the last 2 CTV Board meetings, there has been
a lot of discussion on how they can go about continuing the level of
service with the decrease in funding. Some feel that since the level
of funding from Dublin is lower than the other cities, there should be
some kind of punitive result against Dublin because they only gave
$9,000. They hope to change this thought process. They are forming a
committee to look into fundraising so that CTV will be like many of
the other community television stations. Something must be done to
make them self-sufficient. They hope to come up with some means to be
able to continue good quality coverage of all the cities and to be
fair and equal to everyone.
Mayor Snyder asked if the point had been made that through the years,
Dublin has far outpaid the rest of the cities based on subscribership.
Ms. Coleman stated for years, Dublin has been giving the same amount
even though we are only 7,000 subscribers. The point has been brought
out that they are Community TV, not city TV.
Mayor Snyder stated the City is certainly appreciative of both her and
Councilmember Howard's representation on this Board.
BUSINESS COMMISSION - TIME FRAME FOR REPORT ON FORMATION (470-50)
City Manager Ambrose advised that as a result of the City Council's
direction on July 26, 1993, he had reviewed the time frame necessary
to prepare a report to the Council related to the concept of forming a
Business Commission. The report would include a review of those types
of programs and structures used in other communities to review
business issues and engage in local economic development activities.
Mr. Ambrose discussed the recent elimination of City positions and the
creation/reorganization of the Administrative Services Department.
The Council was advised during the budget process that these changes
would impact several areas, including economic development. Given the
shift in duties and the reduction in staffing, Mr. Ambrose estimated
that a report could be presented to the City Council at its first
meeting in October.
Regular Meeting August 9, 1993
Cm. Burton stated he accepted the fact that we don't have a budget for
this, however the budget situation isn't as bad as when this decision
was made. We must recognize that eastern development will be very
serious in attracting businesses and there will be an impact on
Dublin's present downtown. We have got to be prepared and ready by
having people who understand the issues, and the group must have
horsepower. He presented concepts to the Council and Staff on how he
envisioned the commission and stated we need to start this thing
going. The other cities are prepared to take businesses in and we
need to get going on this.
Mayor Snyder stated he sits on the Alameda County Economic Development
Commission and this is Countywide.
Cm. Moffatt thought maybe we could pick up on Bruce Kern's comments
made at the last meeting. We might be able to have EDAB come into the
City and look at helping us develop our strong points and how they see
the direction we should go. This might be a non-financial way for us
to proceed. He asked if this would be possible without committing to
a lot of Staff time.
Cm. Burton stated we have to go forward. He is not willing to back
into this. We have to be positive and aggressive.
Mayor Snyder stated this should and would be a part of Mr. Ambrose's
report to the Council.
Mr. Ambrose stated the California Local Economic Development
Commission has a service whereby they could provide assistance to us
as another possibility.
Cm. Moffatt stated another good resource would be to go to the
university system and get graduate students who would be willing to
provide information and assistance. This could help them as well as
US.
Cm. Burton stated there are people we could use right now that could
provide some constructive suggestions.
OTHER BUSINESS
Non-Smoking Legislation (560-90)
Cm. Moffatt stated he had a draft resolution regarding local
government losing the ability to adopt strict tobacco control laws.
Local governments should have the sovereign right to pass stronger
local laws than state laws if their communities demand this.
Mayor Snyder requested that this be put on the next City Council
agenda as a consent calendar item.
CM - VOL 12 - 334
Regular Meeting August 9, 1993
Storm Water Regulations .(1030-20)
Cmo Burton commented on the idea of meeting with DSRSD to look at
consolidating the storm water permit fee responsibilities wherever
possible. He asked if this was going to happen.
Mr. Ambrose advised that he still needed to arrange a meeting with Bob
Beebe and define areas of responsibility.
November 2, 1993 Special Election Ballot Argument (630-30)
Cm. Burton distributed copies of the ballot argument he and Cm.
Moffatt had written and requested that the Council let him know any
ideas they may have or if there should be any changes made.
CLOSED SESSION
At 10:05 p.m., the Council recessed to a closed session to discuss
Personnel (700-10), in accordance with Government Code Section
54957.6.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 10:20 p.m.
/ ~ayo~/
~ ~-fty%-Clerk
ATTEST:
CM - VOL 12 - 335
Regular Meeting August 9, 1993