HomeMy WebLinkAbout01-25-1993 Adopted CC MinutesREGULAR MEETING - January 25, 1993
A regular meeting of the City Council of the City of Dublin was held
on Monday, January 25, 1993, in the Council Chambers of the Dublin
Civic Center. The meeting was called to order at 7:35 p.m., by Mayor
Snyder.
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ROLL CALL
PRESENT:
ABSENT:
Councilmembers Burton, Houston, Howard, Moffatt and Mayor
Snyder.
None.
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PLEDGE OF ALLEGIANCE (610-20)
Three Boy Scouts and their leader, Bob Fasulkey from Troop 905 led the
Council, Staff and those present in the pledge of allegiance to the
flag.
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CUSTOMER SERVICE AWARD FOR FEBRUARY (150-90)
City Manager Ambrose presented the February Customer Service Award to
Rebecca Hopkins, Recreation Specialist.
UPDATE ON CITY SONG CONTEST (120-50)
City Clerk Kay Keck advised the Council that as a result of publicity
related to the City song contest, she had received several inquiries.
As of 5:00 p.m., today, a total of 7 people have expressed a desire to
compete.
Ms. Keck stated if the Council concurs, all the participants would be
invited to present their songs in a format suitable for judging by the
Council at the second Council meeting in February. If a winner is
selected that evening, it will give the person whose song is selected
ample time to finalize the song and to prepare to either perform the
song or have it performed during the St. Patrick's day festivities on
March 13th.
Cm. Moffatt expressed a desire for each of the Councilmembers to judge
the individual songs on a 1 to 10 basis. The Council concurred with
this method of judging.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council approved the timing and format for judging the City
song contest.
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Regular Meeting January 25, 1993
Christmas Tree Recyclinq by Boy Scouts (810-60)
Bob Fasulkey, leader of Troop 905 stated at the end of 1992, the City
Council authorized money to be spent for the Christmas Tree recycling
program. Approximately 1,600 trees were recovered in Dublin. This
equaled 160,000 cubic feet of trees, compressed to 1,000 cubic yards
that would have gone to the landfills. It would have cost the City
$7,750 to dispose of the trees.
Matt Freeman, a new Eagle Scout presented the City Council with a
proclamation from the Boy Scouts which recognized the City of Dublin
for assisting with the Christmas Tree Program.
Mr. Fasulkey stated they were looking forward to next years program.
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Regular Meeting of January 11, 1993 (with
correction noted on Page 5);
Adopted
RESOLUTION NO. 17 - 93
EXEMPTING THE DUBLIN-SAN RAMON SENIORS,
SENIOR CALIFORNIANS OF DUBLIN-SAN RAMONAND SHANNON SENIORS DANCE CLUB
FROM FEE SCHEDULE FOR USE OF SHANNON COMMUNITY CENTER (210-20)
Received the City Treasurer's Investment Report as of December 31,
1992 (320-30);
Adopted
RESOLUTION NO. 18 - 93
RECITING THE FACTS OF THE SPECIAL. MUNICIPAL ELECTION
HELD ON JANUARY 5, 1993, DECLARING THE RESULTS THEREOF AND
SUCH OTHER MATTERS ARE PROVIDED BY LAW (630-10)
Received a report of options available for waste oil recycling and
agreed to defer the implementation of any City initiated program until
the effectiveness of the County sponsored Hazardous Waste FaCility in
Livermore is evaluated (810-60);
Received a report on the status of the General Plan and progress in
its implementation, inCluding the progress in meeting its share of
regional housing needs (420-30);
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Regular Meeting January 25, 1993
Adopted
RESOLUTION NO. 19 - 93
APPROVING A SAFETY-RELATED IMPROVEMENT PROJECT AND
DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION
FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING (1060-90)
Adopted
RESOLUTION NO. 20 - 93
DIRECTING PREPARATION OF ANNUAL REPORT FOR
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50)
Adopted
RESOLUTION NO. 21 - 93
DIRECTING PREPARATION OF ANNUAL REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
TRACT 4719 (360-20)
Adopted (with Cm. Burton abstaining)
RESOLUTION NO. 22 - 93
DIRECTING PREPARATION OF ANNUAL REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
TRACT 5511 (360-20)
Approved Warrant Register in the amount of $1,515,572.08 (300-40).
Cm. Moffatt questioned the expenditure on the Finance Report for
Vector Control which showed to be 271% during the current period.
City Manager Ambrose explained that the City annexed to the Vector
Control Assessment District so that this year, there should be no
charges. Last year we contracted for the service and the 4th quarter
billing came in after we closed the books. This was a late billing,
and stands out because we have nothing budgeted this year.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the council received the December, 1992 Financial Report
(330-50) .
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WRITTEN COMMUNICATION-REQUEST FOR STOP SIGNS ON VILLAGE PARKWAY @
HASTINGS WAY & STAFF RECOMMENDATION FOR REMOVAL OF CROSSWALK (590-40)
Public Works Director Thompson presented the Staff Report and
indicated that the Traffic Safety Committee recently received a
request for stop signs on Village Parkway @ Hastings Way. The TSC
recommends against installing stop signs at this location, as the
warrants for all-way stop signs have not been met. The TSC is further
recommending that the existing crosswalk be removed, as controlled
crossings exist within a short distance in either direction. Many
CM - VOL 12 - 45
Regular Meeting January 25, 1993
pedestrians, and particularly children, tend to feel that a crosswalk
provides protection and security against oncoming'traffic and may
therefore not look as carefully for approaching vehicles.
Cm. Burton questioned if the City's exposure is increased if someone
gets hurt in a crosswalk.
City Attorney Silver advised that it would not affect the City's
liability.
Cm. Burton asked if there had been any recorded accidents at this
location.
Mr. Thompson advised not lately.
Mr. Ambrose clarified and discussed the fact that there is still
exposure to the City.
Mayor Snyder asked if it would be appropriate to put a sign up letting
people know they should not cross there.
Cm. Burton questioned how the crosswalk would be removed.
Mr. Thompson stated it would be sandblasted or ground off. A black
slurry could also be put over it.
Cm. Burton felt it would be a worthwhile idea to stencil on the
sidewalk that this is no longer a Crosswalk.
Mr. Thompson stated he would take a look to see exactly what we can
do.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council denied the request for stop signs and authorized
Staff to remove the crosswalk and existing pedestrian crossing signs
and legends from Village Parkway @ Hastings Way.
PUBLIC HEARING
REPEAL OF MANDATORY GARBAGE SERVICE ORDINANCE (810-20)
Mayor Snyder opened the public hearing.
Assistant City Manager Rankin advised that in accordance with Council
direction, Staff had prepared the necessary documents which would
repeal the Mandatory Garbage Ordinance which was adopted on January
27, 1992. It was pointed out that it is anticipated that future
increases to residential garbage rates will be required. This will be
caused by two factors: garbage company added expenses for
uncollectible accounts and reduCed subscribership. The City will also
receive less revenue from Franchise Fees and Administrative Fees if
there is reduced subscribership.
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Regular Meeting January 25, 1993
Mr. Rankin stated that the Council also directed Staff to plan for
implementation of a program to collect fees for the curbside recycling
program and Citywide quarterly garbage pickups on the property tax
bill. The City cannot enact property tax levies until Fiscal Year
1993-94.
Mr. Rankin advised that once the Ordinance repealing mandatory service
becomes effective, the garbage company will utilize the practice of
discontinuing service when an account becomes delinquent. Delinquent
amounts may be pursued by the garbage company through a collection
company.~ In the event that any amounts are determined by the company
to be uncollectible, they will be written off as an operating expense
pursuant to the franchise agreement. In essence, this cost will be
paid for by the ratepayers.
Cm. Moffatt indicated in the Ordinance there was no indication that
certain fees would be put on the property tax bill.
Mr. Rankin advised that this will be a separate assessment that the
City Council will do in May or June of this year.
Mr. Ambrose stated the assessment doesn't have to be done by
Ordinance.
Cm. Burton stated with regard to the timeframe, we have a contract now
that expires in March, 1996, so we are stepping in between contract
years. He asked if we have a fee schedule that goes all the way to
1996.
Mr. Rankin stated the recycling fee is whatever the CPI adjusts to
annually. The other rates are based on the review by the JRRRC.
Cm. Burton asked if we go for an assessment on the tax bill, would it
be effective in July He thought the Ordinance would take effect
immediately.
Mr. Rankin stated the way Staff envisioned it was that the Ordinance
would be introduced and then adopted at the next meeting and it then
becomes effective 30 days later. Right now, Staff doesn't have a way
to recover costs.
Cm. Burton stated if it is passed, it will become effective in March,
1993 and the tax will become effective in July, 1993. He asked if
there would be an advantage to coordinating the dates.
Mr. Rankin stated in those cases where people are not paying, the
amounts will just increase.
Cm. BurtOn advised that the garbage bill will be lowered when the fees
go onto the tax bill.
Mr. Ambrose clarified that the overall garbage bill will go up.
Mayor Snyder stated the total bill will go up by $ .30.
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CM - VOL 12 - 47
Regular Meeting I January 25, 1993
Cm. Burton stated he was simply trying to get across the point that
people will be paying 2 different ways. They will pay their garbage
bill and through their property taxes.
Mayor Snyder stated the $ .30 increase is because the City Council is
not willing to address the deadbeats.
Cm. Burton stated he doesn't want the City in the collection business
and putting on liens.
No members of the public gave testimony related to this issue.
Mayor Snyder closed the public hearing.
Cm. Moffatt advised that people had called him to say that the
Ordinance is a good thing to have because it keeps the City clean and
that we should maintain the mandatory service. He did not feel,
however, that the City should be putting liens on homes. The increase
of business which is created should create a great profit for LDD and
therefore, they should be able to take those added profits and put it
into putting liens to collect their bills. He did not feel the City
should be in a position of collecting bills for other folks. We
should .liberalize some of the concepts of exemption such as vacant
houses should not be charged for service. The other area is people
who are below the poverty level. Consideration should be~given to an
adjusted rate to take into account some of the people who cannot pay
the $6 per month. He stated he would have to vote against repealing
the Mandatory Garbage Service Ordinance. He would like it modified,
however.
Cm. Houston stated he was concerned with the Staff time, City Council
time and public time for additional public hearings to see if someone
is exempt to'cut peoples bills. It is a waste of time to deal with
this every other week.
Cm. Moffatt stated he had in mind that the Council could have a policy
on exemptions that Staff could handle.
Cm. Burton stated he agreed with certain portions of Cm. Moffatt's
comments. We have plenty of laws to keep people from leaving garbage
around. We are trying to structure a whole big bureaucracy around
this. We should get out of the business. Trying to force people from
doing it the way they want is not appropriate.
Cm. Moffatt stated he felt that mandatory garbage is like a condition
of the Property Maintenance Ordinance. This Ordinance has caused a
lot of pride in the City.
Mayor Snyder stated he supported part of this, but for different
reasons. His standpoint comes from having to work with AB 939
requirements.
CM - VOL 12 - 48
Regular Meeting January 25, 1993
Cm. Houston stated garbage business is a heavy fixed cost business.
He asked why we didn't make it mandatory for everyone to have cable
television.
Mayor Snyder responded that that is fluff; this is required. The
State says we have to get a handle on this. He apologized for Staff
time that was spent on this.
Cm. Burton made a motion, which was seconded by Cm.'Houston to waive
the reading and introduce the Ordinance repealing the Mandatory
Garbage Ordinance. The motion failed due to a majority of no votes
cast by Cm. Howard, Cm. Moffatt and Mayor Snyder.
Mayor Snyder asked if we still needed to split the fees and put some
on the property tax bills.
Mr. Rankin stated it doesn't make sense to do this now. Direction was
requested on whether Staff should bring back the Administrative Fee
for discussion.
Mayor Snyder stated he felt we had to.
Cm. Houston stated some cities have a minimum service of one can on
the tax bill.
Mr. Rankin advised that this was the case with Union City and San
Leandro. Dublin currently has 85 super recycler subscribers.
Mayor Snyder stated Staff should bring back a concept like Union City
and San Leandro use. Staff should just present their Ordinances for
Council review.
Cm. Rankin questioned direction on current delinquencies up to this
point through June. He asked if LDD should pursue them through a
collection agency.
Cm. Moffatt indicated because of the extra business that is created,
this would more than pay for it.
Cm. Houston questioned the deficit rate as of this time.
Mr. Rankin stated without last quarter billings, there were 97
addresses with varying subscriber rates that showed delinquencies.
Mayor Snyder stated there is a point where it just doesn't make sense
to follow up and to just write it off.
Cm. Houston asked Staff to just work with the garbage service to see
what can be done.
Mr. Rankin pointed out that they were talking about a 1 1/2 year time
period. The Mandatory Garbage Ordinance says the company has to
continue to provide service even though people don't pay.
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CM - VOL 12 - 49
Regular Meeting January 25, 1993
Mayor Snyder requested that Staff bring back the costs so the Council
can make a decision.
Cm. Moffatt stated he would like to see some alternatives on
exemptions and collections and also that he has an aversion to the
City getting into collections.
RESIDENTIAL CURBSIDE RECYCLING PROMOTIONS PLAN (810-60)
Management Assistant Bo Barker presented the Staff Report and advised
that experience has shown that the amount of recycling collected is
due to market conditions, consumer preference, and convenience more
than being due to any promotional activity. As an.attempt to set
foundations for long term participation, as well as stimulating short
term participation levels, new promotions are being proposed which
include Earth Day Tree Planting, a School Curriculum Program, and a
Recycling Contest whereby through a drawing, winners would receive a
U. S. Savings Bond.
The Earth Day Planting Trees proposal has been deferred in the past
due to water shortages. Shortages this year will be addressed by
attempting to place the trees in areas which are currently watered and
which would not need any additional maintenance.
Staff and LDD propose to meet with School District officials to
organize lesson plans developed by a consultant hired by LDD which
will be effective as a real learning tool for the young people in
Dublin, as it is believed that school children are the recyclers of
the future and tend to have an impact on parents who are not currently
recycling.
The recycling contest would be set up on a monthly basis, with the
City Clerk drawing the 5 winners each month. A key aspect in making
the promotion successful is the extent to which there is press and
publicity around the program. No employees of Oakland Scavenger,
Livermore-Dublin Disposal or the City of Dublin would be eligible to
win. The award of the Savings Bonds would be made at City Council
meetings.
Cm. Moffatt stated he felt this was a great and innovative idea and
also an opportunity to get the idea across to many of the citizens
regarding the importance of recycling. He was certainly in favor of
trying this out.
Cm. Houston asked if there was funds allocated for this program and
where the money comes from.
Mr. Barker stated that under the contract with LDD, they are required
to spend a certain amount on promoting recycling from the rates.
Cm. Burton stated it makes a lot of sense.
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Regular Meeting January 25, 1993
Mr. Rankin advised that the starting time would be in April.
Mayor Snyder asked if there would be new money generated next year to
take care of the $24 carryover.
Mr. Rankin advised that the amount is the same in future years.
amount continues for the remainder of the contract.
The
Cm. Burton questioned how people who just leave newspapers out will be
able to participate.
Mr. Rankin clarified that the coupons will be in the billing and then
people can put them out once each month with their recyclables. Five
winners will be drawn each month.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council approved the Livermore-Dublin Disposal's proposal to
implement new programs to promote residential curbside recycling.
RECOMMENDED PROJECTS FOR APPLICATION FOR FUNDING WITHIN
THE ALAMEDA COUNTY CONGESTION MANAGEMENT PROGRAM (1060-90)
Public Works Director Thompson advised that the Congestion Management
Authority Staff has requested application for transportation projects
to fill five different programs that the CMA either controls or deals
with. Staff recommended funding: I. Regional Transportation
Improvement Program (RTIP) - Support for funding the West Dublin BART
Station (BART will be the lead agency requesting funding). II.
Federal Surface Transportation Program and Congestion Mitigation and
Air Quality Program. For guaranteed distribution Dougherty Road
Improvements of $203,550 and required City matching funds $26,450 for
total project cost of $230,000. For competitive distribution $339,000
for installation of 3 traffic signals on Village Parkway, and
$2,355,000 for the Dublin Boulevard widening from Donlon Way to
Village Parkway. III. AB 434 Program for the 40% Dublin share -
$14,701 for staff and materials to help fund Dublin's Trip Reduction
Ordinance. IV. Projects for Maintaining or Improving the Level of
Service for the Congestion Management Program Network. Dublin's
proposed list of projects would help alleviate congestion on 1-580 and
on 1-680. V. Project Study Report Priority List - Support for Project
Study Report to be done by Caltrans on the 1-580/San Ramon off-ramp
and on-ramp improvement.
Cm. Moffatt asked if there was any specific timeline on getting this
information back to the CMA. There might be some modifications to the
TVTC plan and Contra Costa County may want to participate in some of
the funding.
Mr. Thompson stated the information has to be in by 5:00 p.m., on
February 2nd.
CM - VOL 12 - 51
Regular Meeting January 25, 1993
Cm. Burton asked if there was any new developments on the 1-580 and
1-680 hook ramps.
Mr. Thompson stated Staff had been meeting with the 1-580/I-680
committee on a monthly basis. At the last meeting,~ it looked like
they had some design savings which would allow them to build the hook
ramps. They still don't have the matching money for the total
project. Staff has been telling them not to look to the cities to
come up with the money. They are just going along doing the design.
We might be able to use the right-of-way the City and the Eneas agreed
on this might be used as a local match for whatever the value is.
Mayor Snyder stated some additional funds were authorized for Mr.
Gilardo to spend some time in Washington, D.C., to work on this and to
secure some funds for it. He particularly identified the Dublin
situation in his request.
Cm. Moffatt asked if there had been any discussion on what the AB 434
recommendation related to the Trip Reduction Ordinance would entail.
Mr. Thompson stated what was approVed in the existing budget was about
$33,000, plus we have received $10,000 this year. We haven't spent
all the money this year. We will probably try to cut our program back
next year. The way things are looking, a lot of programs will have to
be "pay as you go".
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council approved Staff's recommended project list for CMA
funding.
OTHER BUSINESS
Cable Television Regulations (1050-20)
Mr. Ambrose advised that the city had received a fax after publication
of the agenda from the League of CA Cities related to Cable TV. The
LOCC will be submitting comments to the FCC regarding cable rates
during the next week. If the City is interested in responding, we
need to fax our comments right away.
Budget (330-20)
Mr. Ambrose advised that the League of CA Cities had put out a report
on the impact of the Governor's Budget on our revenues. Dublin's
impact will be about $826,000. He requested that at the next regular
Council meeting, Staff be directed to bring back a brief discussion
and get some policy direction from the City Council regarding what
alternatives to pursue. The impact on our budget is very significant.
Depending on the Council's policy, it could greatly impact how Staff
puts the budget together.
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Regular Meeting January 25, 1993
Cm. Moffatt asked if there was still viable information from the
exercise that the City went through last year when cuts were made.
Additional cuts were identified.
Mr. Ambrose stated they will not be enough. In addition, there is a
new Councilmember who did not participate in prioritizing the items.
There needs to be some basic decisions regarding what direction the
Council wants to move and policy. Some City departments might not
even be able to survive at all.
Cm. Burton asked if the $800,000 figure was realistic.
Mr. Ambrose stated a League legislative analyst is disputing this
number. The Governor's Staff has consistently underestimated the
problem in the last several years. There is a lot yet to be
negotiated.
Cm. Moffatt stated when we hit these fiscal problems, we start
thinking we have to cut things out. If we could increase our revenue
by 10% more effort, it might create 100% more return. We could look
at ways to help businesses.
Mr. Ambrose stated this is what he wants to discuss with the City
Council on February 8th. The 3 options are: 1) increase revenues; 2)
cut services; or 3) use reserves. This is not a management issue, but
rather a policy issue. Staff needs direction as this is an extremely
serious time for the City.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 8:55 p.m.
ATTEST:
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Regular Meeting January 25, 1993