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HomeMy WebLinkAbout01-11-1993 Adopted CC MinutesREGULAR MEETING - January 1i, 1993 A regular meeting of the City Council of the City of Dublin was held on Monday, January 11, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Snyder. * * · , ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE (610-20) Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * CUSTOMER SERVICE AWARD FOR JANUARY (150-90) City Manager Ambrose presented the January Customer Service Award to Sergeant Brian Masterson with the Dublin Police Services. REQUEST TO HAVE CITY SONG (120-50) Steven King Stewart addressed the Council and stated his desire to write an official song for the City of Dublin, which would give the community a musical identity. He has produced and recOrded officially recognized city anthems for the Cities of Union City, Fremont and Livermore. He works in Dublin and used to live here. Mr. Stewart clarified that there would be no cost to the City. Ail you have to do is look around at some of the details in the beautiful Civic Center building to see the pride that is in Dublin. Mayor Snyder felt this was an intriguing idea He listens to Mayor Tom on the radio and felt the music adds something. Cm. Burton stated while he enjoyed the presentation, he felt there may be a lot of people in town who feel they could write a song. He suggested that local competition might be appropriate. Mr. Stewart agreed that this was a good idea and he was very comfortable with this approach. Cm. Houston questioned who picked the winner in the other cities and stated his knowledge of music was less than zero. Mr. Stewart stated in each case he went before the City Council and proposed the idea. He then put together a composition and performed it live before the Council. · · · · · · · · · · · [] · · · · · · · · · · · · · ~ · · · · · · · · · CM - VOL 12 - 2 ~ Regular Meeting January 11, 1993 Cm. Houston suggested turning this over to the Fine Arts Foundation. Cm. Moffatt questioned the time line involved. Mr. Stewart stated first of all he wanted to see if the Council was responsive to the idea and further that he would do whatever the Council~wants. If a time line were requested, it would probably take him less than 30 days to do the song. Cm. Moffatt asked if something could be worked around the St. Patrick's Day events. Cm. Burton agreed that this would kind of go with the character of the City. The song should be one that could be sung by men and women in a bar. Mr. Stewart stated he would take a serious approach to the song. He tries to write in a style that will last and that people many years from now will still be singing. Cm. Howard stated she enjoyed the demonstration tape. Mayor Snyder clarified that the direction of the Council was to have Mr. Stewart proceed and also request that the newspaper reporters who were present put something in the local papers'to see if anyone else is interested. Mr. Stewart requested that guidelines be established; one being that the words and music should be completely original. Mayor Snyder stated the Council could review any inquiries/responses in a couple of weeks. ADDITIONS TO AGENDA Cm. Burton announced that the City needed to add Item 10.2 closed session to the agenda (640-30). This relates to pending litigation, City of Dublin vs. Corallot in accordance with Government Code Section 54956.9(a). A trial is scheduled for January 18th and a settlement has been reached, subject to City Council approVal° On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council agreed to add Item 10.2 to the agenda. The second item to be added as Item 7.1 deals with a modified Airport Protection Area (1060-70). On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council agreed to add Item 7.1 to the agenda. Regular Meeting January' 11, 1993 CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of December 14, 1992 and Closed Session of January 6, 1993; Received the November, 1992 Financial Report (330-50); Adopted RESOLUTION NO. i - 93 APPROVING PA 92-053 DUBLIN MEADOWS STREET NAME CHANGE, RENAMING THE EASTERN PORTION OF THE PROJECT'S PRIVATE STREET FROM STAGECOACH DRIVE TO DUBLIN MEADOWS STREET (820-60) Adopted RESOLUTION NO. 2 - 93 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES (700-20) and RESOLUTION NO. 3 - 93 AMENDING THE BENEFIT PLAN and RESOLUTION NO. 4 - 93 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND RESCINDING RESOLUTION NO. 110-91 ($443 PER MONTH) and RESOLUTION NO. 5 - 93 AMENDING THE PERSONNEL SYSTEM RULES and RESOLUTION NO. 6 - 93 AMENDING RESOLUTION NO. 142-90 ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS and authorized the City Manager to take all steps necessary to amend the agreement to increase annual cap and authorized the City Manager to transfer funds (not to exceed $3,500) from the Contingent Reserve into the appropriate accounts; Regular Meeting January 11, 1993 Awarded bid for Micro Computer Equipment to The Future Now, and authorized Staff to issue a purchase order for $23,158.74 (350-20); Approved Warrant Register in the amount of $886,254.91 (300-40). City Manager Ambrose apologized that some of the Exhibits had been left out of the packets on the Fiscal Year 1991-92 Financial Statements and Audit Report. The Exhibits were distributed prior to the beginning of the meeting and Mr. Ambrose reViewed the documents. During the budget preparation for 1992-93, it was estimated that we would have a deficit in revenues; however, we ended up $110,000 in the black. Cm. Moffatt pointed out that last year, the City received 2 awards and is looking forward to receiving the same type of recognition this year. Staff was commended for doing an excellent job on these reports. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council received the Fiscal Year 1991-92 Financial Statements and Audit Repor. t ~3.10-30,& 33.0.-50). ~~~L~~~ 'cit'y'Attorney SilVer r~quested that the item related to'Che agreement ~')1~ with FC Investments for driveway access from San Ramon Road to Almond~ Plaza Shopping Center be pulled. Late this afternoon, the property owner's attorney requested a very minor amendment. An amended page 2 was distributed. The sentence, "The Council's decision whether or not to revoke the encroachment permit shall be final", was changed to read, "..o shall be the final administrative decision by the City subject to judicial review." Cm. Burton questioned if it was likely that this would be challenged by the courts. Ms. Silver stated the City could revoke the permits and then the property owner could appeal this to the court. The City Council could close access, but it would have to make findings that the driveway creates a dangerous condition° On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous voter the Council adopted RESOLUTION NO. 7 - 93 APPROVING AGREEMENT WITH FC INVESTMENTS FOR DRIVEWAY ACCESS FROM SAN RAMON ROAD TO ALMOND PLAZA SHOP·PING CENTER (QUITCLAIM OF ABUTTER'S RIGHTS 600-30) David Malcolm stated he appreciated that this has gotten to this stage and hoped they were now ready to go. Enthusiasm from the tenants is great. * * * [] I I [] [] [] · · · · · · · · · I I · · · · · · · · [] I I I · · [] · · · CM - VOL 12 - 5 Regular Meeting January 11, 1993 PUBLIC HEARING - REVISIONS TO DUBLIN CIVIC CENTER FACILITY USE POLICY AND FEE SCHEDULE (200-20) Mayor Snyder opened the public hearing. Recreation Director Lowart presented the Staff Report and advised that a review had been done for all the City's facilities with a goal to standardize the format and reservation procedure for each individual use policy. Each use policy will follow a standard format containing sections related to: Classifications of Users; Priority of Users; Reservation Procedure; Cancellations; Payment Schedule; Hours of Use; Insurance Certificate; and General Regulations. Cm. Moffatt asked if an exchange of volunteer work for capital improvements at the facilities had been considered. He also asked why reservations must be made between 8:30 a.m. and 4:30 p.m., when City Offices are open from 8:00 a.m. to 5:00 p.m. Ms. Lowart responded that it had not. She explained that the cash register is closed out between 4:30 p.m. and 4:45 p.m. each day, but if people come in early or late in the day, they will be accommodated. Most people make appointments. Cm. Moffatt questioned the 10 day lead period. If there's a cancellation and there's less than 10 days before the scheduled use, could someone else use the facility. Ms. Lowart explained that there is a lot of paperwork associated with rentals and in addition, the insurance requirements must be met. Staff time must be scheduled and often times, you must work around other uses within the facility. It generally takes 10 days to coordinate and process the use request. Cm. Houston asked how much revenue the City got from use of the Civic Center last year. Ms. Lowart advised that the City made about $5,000 to $7,000. This is the third year and the City is seeing quite an increase in the types of uses. The majority of use is by community based groups during business hours, and therefore~ no revenue is generated. Cm. Houston asked if it would be desirable to promote additional uses some way. Ms. Lowart indicated that there has been an increase in evening and weekend uses. Staff is putting together a promotional piece to advertise the facility. Hexcel and Pacific Bell have used the building several times'. Mayor Snyder stated a question had been raised by the League of Women Voters on why they had to pay a fee to use the facility when they are in the community and doing a service. Regular Meeting January 11, 1993 Ms. Lowart advised that they could request a waiver by putting it in writing. In most cases, it would come before the City Council for a decision. Mayor Snyder felt waivers could be considered and it should not be a problem with the additional time requirement if they plan far enough in advance. No members of the public gave testimony on this item. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cmo Houston, and by unanimous vote, the Council adopted RESOLUTION NO. 8 - 93 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE DUBLIN CIVIC CENTER PUBLIC HEARING - REVISIONS TO DUBLIN SENIOR CENTER FACILITY USE POLICY AND FEE SCHEDULE (240-20) Mayor Snyder opened the public hearing. Recreation Director Lowart presented the Staff Report and advised that a review had been done for all .the City's facilities with a goal to standardize the format and reservation procedure for each individual use policy. The existing use policy and fee schedule was adopted by the Council in March of 1989o Ms. Lowart explained that Staff proposed that each use policy follow a standard format containing sections related to: Classifications of Users; Priority of Users; Reservation Procedure; Cancellations; Payment Schedule; Hours of Use; Insurance Certificate; and General Regulations. Cm. Houston asked if the advertising brochure Ms. Lowart mentioned would include other facilities or just the Civic Center. Ms° Lowart stated it would include all 5 facilities. Revenue is negligible for the Senior Center. Alcohol is not allowed and there is no refrigeration available. No members of the public gave testimony on this item. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote~ the Council adopted CM - VOL 12 - 7 Regular Meeting January 11, 1993 RESOLUTION NO. 9 - 93 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE DUBLIN SENIOR CENTER PUBLIC HEARING - REVISIONS TO DUBLIN SPORTS GROUNDS FACILITY USE POLICY AND FEE SCHEDULE (260-20) Mayor Snyder opened the public hearing° Recreation Director Lowart presented the Staff Report and advised that a review had been done for all the City's facilities with a goal to standardize the format and reservation procedure for each individual use policy. The revised proposed policy follows a standard format containing sections related to: C~assifications of Users; Priority of Users; Reservation Procedure; cancellations; Payment Schedule; Hours of Use; Insurance Certificate; and General Regulations. Ms. Lowart advised that because Dublin Little League has already determined their 1993 budget and accepted player registration for the 1993 season, it was the recommendation of the Park & Recreation Commission to not impose the fee increase on Dublin Little League for the 1993 season. The Commission appointed a sub-committee to meet with DLL and Staff over the course of the next season to further discuss the use fees and to discuss the feasibility of Little League assuming additional field maintenance responsibility. The Council questioned who the major users of the fields were. Ms. Lowart advised that the Valley Christian School utilizes the fields and several adult semi-professional baseball teams utilize the fields. Dublin Little League has first priority. Mro Ambrose advised that there are also local church groups that use the fields. Cm. Burton asked if scheduling for the little league and soccer overlap. He questioned how many kids were in each sport. Ms. Lowart advised that soccer is getting to be almost a year around sport Little league's season is March to mid-June and soccer is mainly August through mid-December. Dublin Little League serves about 500 families or about 600 children and soccer has between 600 and 800 children participating. Cm. Burton questioned Why the City is giving Dublin Little League an advantage over the soccer people. Mr. Ambrose questioned when the fees were last adjusted. CM - VOL 12 - 8 Regular Meeting January 11, 1993 Ms. Lowart stated the fee schedule was adopted in 1988 and the fees are the same as DSRSD used to charge. She thought they were originally set in 1984 or 1985. Cm. Burton asked if the fee is relative to the costs. He asked how much money is actually brought in. Ms. Lowart stated the total operational costs for the 23 acres during Fiscal Year 1991-92 was $155,000. Revenues were $10,700 and the City's directly attributable costs were $33,500 for those active sports uses. It actually costs the City $6.90 per hour. Cm. Moffatt asked if there is a charge to use the School District fields. Ms. Lowart stated even though the City schedules them, the City does not set the fees. The School Board is looking at instituting minimal fees for use of some of their facilities. Margie Wong-Gilmore stated DUblin Little League is the only group of the users that does their own prepping of the fields. Ms. Lowart stated this was not correct. They do, however, do the most. Ms. Wong-Gilmore stated in working with some of the different umpire associations in the area, they are charged about $25 per game and she questioned the City's.programs. Ms. Lowart explained'the major differences and that the adult softball league is a City-sponsored program. Ms. Wong-Gilmore felt that both the soccer and softball youth groups help to keep kids off the streets. During the off season, the fields are not kept up and they must start at ground zero each season to get the fields back up to par. They hope to establish more volunteer help to keep the maintenance of the fields up all year rather than just during the baseball season. A baseball game actually runs longer than a soccer game. They would like to be able to show that they have a good sport group and maintain the fields in good condition all year long. Cm. Burton stated he kept hearing about the poor field condition and questioned what happens to the fields that they are so upset about. Ms. Wong-Gilmore referenced the beautification projects around town and yet our parks don't have adequate bleachers. They see all the money that was put into the San Ramon Road project. They were asked to not use the fields between December 15th and March so that the City could renovate them. There are a lot of weeds that haven't been taken care of and they would like to see what can be done to work together. Soccer doesn't have to do much in the way of maintenance. CM - VOL 12 - 9 Regular Meeting January 11, 1993 Tony Oravetz, Vice President of Dublin Little League stated he and MSo Wong-Gilmore both had a lot of concerns about DLL and so they ran for the Board. They got involved and are doing a lot of volunteer work. The first thing on their agenda was to improve field conditions. The gopher holes out there are awful. They certainly don't want the fees raised. DLL is trying to instill some community pride and the 9 and 10 year olds are beating a lot of teams and they hope to go all the way to the little league world series° They are doing fundraisers. Cm. Burton questioned if the proposed volunteer organization would come under the Park & Recreation Commission° Ms. Lowart advised that it is a sub-committee. Cm. Houston stated he always thought it was interesting that we charge ball fields by the hour. He asked if anyone actuallY keeps track of this or if it is monitored. Ms. Lowart explained that they must fill out a permit and list the hours they actually need the fields. There is no monitoring; it is an honor system. Cm. Moffatt stated he was glad to see them step forward to work with the City and hoped things work out the way they hope. Cmo Houston stated maintaining fields is more of an art than just mowing the grass. It's a little bit different than a yard. Mr~ Oravetz stated he looked forward to working out an alliance with the City° Mayor Snyder closed the public hearing. Cm. Houston questioned if the users other than DLL just have games or if they also practice on the fields. Ms. Lowart advised that Valley Christian Center was charged a total of $370 for use of the Sports Grounds during 1991-92. The rest of the revenue came from DLLo Cm. Houston proposed keeping the fee at $2.50/hour for everyone and then reviewing it again next year. Fees have a habit of always going up; they never go down° Mayor Snyder pointed out that the fees have not been adjusted for 8 or 9 years. Ms. Wong-Gilmore stated from their discussions, their understanding was that the fees would not be raised. Mayor Snyder stated he did not believe that Staff would prepare a resolution different than what the Park & Recreation Commission recommended. CM - VOL 12 - 10 Regular Meeting January 11, 1993 Ms. Lowart stated at the sub-committee meetings there wasn't an actual method discussed. It would be difficult to make an exception for DLL differently than how it was done. Mayor Snyder stated he didn't understand her concern, because the result was the same; DLL will not have to pay increased fees this year. On motion of Cm. Burton, seconded by Cm. Moffattf and by unanimous vote, the Council adopted RESOLUTION NO. 10 - 93 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE DUBLIN SPORTS GROUNDS and RESOLUTION NO. 11 - 93 EXEMPTING DUBLIN LITTLE LEAGUE FROM FEE SCHEDULE FOR USE OF DUBLIN SPORTS GROUNDS FOR THE 1993 SEASON PUBLIC HEARING-REVISIONS TO SHANNON COMMUNITY CENTER FACILITY USE POLICY AND FEE SCHEDULE (210-20) Mayor Snyder opened the public hearing. Recreation Director Lowart presented the Staff Report and advised that a review had been done for all the City's facilities with a goal to standardize the format and reservation procedure for each individual use policy. Ms. Lowart explained that the goal was for each use policy to follow a standard format containing sections related to: Classifications of Users; Priority of Users; Reservation Procedure; Cancellations; Payment Schedule; Hours of Use; Insurance Certificate; and General Regulations. Ms. Lowart advised that there are currently several senior citizen clubs meeting on a continuous basis whose use, in the past, has been exempted from the use policy and fee schedule. The clubs meet 4 hours each week. The fees charged for their use were established prior to the time that the City acquired the Center in 1984. Ms. Lowart explained that although the Park & Recreation Commission was sympathetic to the concerns of senior clubs, they felt that the City should not subsidize these clubs any further now that the City has a Senior Center. Their recommendation was that these clubs no longer be exempted from the policy and that they be assessed fees in accordance with the proposed fee schedule. Regular Meeting January 11, 1993 Cm. Burton.questioned how the Park & Recreation Commission arrived at their recommendation to increase the fees to the senior groups. Ms. Lowart stated there was public input and the Commission felt that now that the City has a Senior Center, the City's money was best spent there. Since the majority of the group are not Dublin residents, the Commission did not feel it was appropriate to have the City subsidizing their use. Mayor Snyder stated he felt the key factor is that they are not 51% Dublin-based groups. Cm. Moffatt stated a bond measure of over $1 million was passed to pay for the facility and he asked if it had been retired. Mr. Ambrose stated he thought it was close to retiring and pointed out that the bond measure also included other facilities located in San Ramon. Cm. Howard asked if the same time was available for them to use the Senior Center facility. Ms. Lowart responded that it was not, and further if it were available~ they would still have to pay non-residency fees. They were asked to move to the Senior Center. They are currently meeting in Pleasanton~ but are also having residency problems there. They are in a position where there are very few alternatives available. Wyn Ryan stated she is a member of the Dublin San Ramon group and had been since 1978. It was her understanding that the Shannon Center was built for the seniors. They have lost their 51% Dublin residents base. She knew that their current rent was ridiculous, but it also seems ridiculous to now raise it to $160. They are also expected to pay an $8 per hour janitor fee. They would lose their identity if they go to the Senior Center. She felt the seniors should have the same consideration as the youth just got for the Sports Grounds. She questioned if they stayed at Shannon if they would have to provide insurance. Ms. Lowart clarified that all users must provide this. Ms. Ryan stated most seniors are on fixed incomes and deserve some consideration. Ten dollars an hour is absurd. She is the President of her group and the group wants to stay there. Mayor Snyder asked how many members they have. Ms. Ryan responded that they have about 80, but only 60 are active. Mayor Snyder clarified that Shannon Community'Center was not built as a senior center, but rather as a community center in 1964. Cm. Moffatt asked if they would consider doing volunteer work as partial payment such as sweeping the floors, etc. CM - VOL 12 - 12 Regular Meeting January 11, 1993 Ms. Ryan stated they would be willing to put up tables even though they are pretty heavy. Cm. Moffatt asked if they would be willing to sponsor some sort of teenage Saturday night dances. Ms. Ryan stated she didn't know how the group would feel about that. Cm. Houston questioned what they felt would be a reasonable fee. Ms. Ryan stated they pay dues of $1 per month which covers their expenses. They are willing to pay more than they have been paying, but $160 is a little high. Cm. Burton asked how many in the group are Dublin residents. Ms. Ryan stated about 25 of the 60 live in Dublin. from Pleasanton and San Ramon. They pull a lot Cm. Burton stated he didn't feel the City should kick them out and he wanted to try to find a figure that would be acceptable to both them and the City Council. Ms. Ryan hesitated to suggest a figure as she would need to discuss this with her Board. The jump is just too much. She stated she lives in San Ramon. Mayor Snyder stated he felt that 12 1/2 cents an hour per member was pretty cheap. Dennis Spats, a member of the Wednesday group, addressed the Council and stated at this time of the evening he is usually taking a nap with his eyes closed. Seniors pay taxes on schools and don't have any school kids. If you can keep kids off the streets, hooray for everyone. Dublin Little League is preparing kids for the big leagues where they can make $2 million a year. They should also keep the seniors busy to keep them out of trouble. He has swept the back door at Shannon every Wednesday for a long time. The 51% Dublin resident requirement is not a good reason for raising their fees. His family banks in Dublin, shops here, having recently purchased a dryer, and are now looking at buying a car. Their group is over 20 years old. They have a 25 cent donation at the door which is strictly voluntary. They don't feel this big of an increase is appropriate. Mayor Snyder closed the public hearing. Cm. Burton asked what would be involved to do the same thing for the seniors as was done for DLL, to create an exemption. Ms. Lowart stated an exemption resolution could be prepared and brought back to the next Council meeting. A dollar amount should be included. The Council may wish to discuss a non-resident fee. CM - VOL 12 - 13 Regular Meeting January 11, 1993 Cm. Houston stated he thought a phase-in would be possible, or just create a 1 year exemption. They don't charge any fees for this year, but they could prepare for next year if they knew the increase was coming. Ms. Lowart stated the City's costs associated for each group are about $20 per week. Cm. Howard suggested that~non-residents could pay an amount of about $2.50 per person° The Council felt this would be cumbersome to monitor. Mr. Ambrose clarified that they submit a list at the beginning of the request for use. Local taxpayers are subsidizing non-residents. Cmo Burton stated he didn't want to see these groups shaken up. Cm. Moffatt stated he would rather see a phase-in with increases of 10% to 20% per year. It was pointed out that this would mean it would be 10 years before they get up to the full amount. Mayor Snyder repeated that he felt 12 1/2 cents per hour is not an unreasonable fee. Cm. Burton suggested a $30 per year increase for the next 3 years. Cmo Howard felt it would be simpler to just set a fee now and add for non-residents. This would just be the way you would assess the group. Cm. Houston suggested an 18 month exemption. The goal is to make it as easy on the seniors as possible. Cm. Burton stated the City Council should not be trying to set fees; they set policies. Mayor Snyder stated the Park & Recreation Commission was very clear in their recommendation. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 12 - 93 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE SHANNON COMMUNITY CENTER The Council also granted the 3 senior groups an 18 month exemption from the fee increase. After 18 months, the fees will go up to the standard policy fees. Regular Meeting January 11, 1993 PUBLIC HEARING - REVISIONS TO DUBLIN SWIM CENTER FACILITY USE POLICY AND FEE SCHEDULE (250-20) Mayor Snyder opened the public hearing. Recreation Director Lowart presented the Staff Report and advised that a review had been done for all the City's facilities with a goal to standardize the format and reservation procedure for each individual use policy° Ms° Lowart stated each use policy will follow a standard format containing sections related to: Classifications of Users; Priority of Users; Reservation Procedure; Cancellations; Payment Schedule; Hours of Use; Insurance Certificate; and General Regulations. Cm. Burton questioned why this policy states the paperwork can be done at the Swim Center or Civic Center. Ms. Lowart advised that all facility reservations are handled out of the Civic Center° The Swim Center is an exception, but they eventually come to the Civic Center for approval. We have had a total of 6 pool rentals each year° Documentation is brought over to the Civic Center on a daily basis. No public testimony was given on this item. Mayor Snyder closed the public hearing° Cm. Burton asked if anyone had objected to this fee increase. Ms. Lowart responded no. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council adopted RESOLUTION NO. 13 - 93 ESTABLISHING FACILITY USE POLICYAND FEE SCHEDULE FOR USE OF THE DUBLIN SWIM CENTER PUBLIC HEARING - ADMINISTRATIVE FEE FOR LIENS LEVIED UNDER MANDATORY GARBAGE ORDINANCE (810-30) Mayor Snyder opened the public hearing. Assistant City Manager Rankin advised that at the City Council meeting of December 14, 1992,. the City Council continued deliberation on the matter of establishing an administrative fee on delinquent garbage -accounts and requested that Staff provide additional background information on the development of the proposed fee and consideration of the requirement for mandatory garbage service. CM - VOL 12 - 15 RegUlar Meeting January 11, 1993 Mr. Rankin explained the implications of rescinding the Mandatory Garbage Ordinance which was detailed in the Staff Report. Cm. Houston stated the component vital to the SRRE is the provision of recycling to all residents. Cm. Moffatt pointed out that since the City implemented mandatory garbage service, the garbage company has been able to increase their revenue by $24,000 per year. Mr. Rankin advised that this was a projected number because we don't know if these people subscribed to 1 or more cans. Cm. Moffatt questioned of the $24,000 amount, what the percentage of profit was. Mr. Rankin explained that the 1993 recommended rate of return works out to just over 4% of after tax profit. The only thing being discussed is the administrative fee, which is paid by the ratepayers. The fee is at the discretion of the City Council. Cm. Burton asked what other cities have had experience where they became the collection agency for garbage disposal. Mr. Rankin responded that Oakland and Union City place it on the property tax bill. Berkeley also does their own through a very complex system. The basic costs for the 4 special pick ups is $1.06 per month per household. The pick ups would equal $28.80 per year, plus the recyclings although this actually costs the ratepayers more. Cm. Burton stated he was against the principle of the City getting in the collection business. If we put the $28 on the tax roll, we should then leave it up to the garbage company to collect the trash accounts. Mr. Ambrose explained that part of the problem is that the State has put us in the position with AB939 of being in the garbage business° If we start getting fined, we have no choice but to go back to the ratepayers. We have been forced into the garbage business. We have a responsibility to reduce the waste. Mr. Rankin pointed out that Staff had spent considerable time researching and dealing with individuals who do not have regular service. Cm. Houston asked at what point the garbage company would go out and try to collect the bills. Mayor Snyder stated this question would be more appropriately discussed when the Council deliberates. Cm. Houston stated he felt this is not even a mandatory garbage service ordinance, but rather a mandatory collection of the bills. It should just be placed on the tax rolls. It will cost no matter what. If we have a vehicle to put this onto the tax bill, we should do that. [] · [] I I [] · [] [] [] I [] I [] I · · · · · · [] · [] [] · · · · · [] I [] I · CM - VOL 12 - 16 Regular Meeting January 11, 1993 Max Benhamou, 7529 Kilrush Avenue, stated he had already said a lot of the things he wanted to say about garbage. He wants the freedom to take care of his own garbage. He only pays $3 at the dump. He doesn't want to be forced to join this company. If a permit is necessary, he stated he was willing to get a permit° The garbage company are crooks. Ed Bressinck, 11657 Solana Drive, stated his opinion was that the City should not be in the business of garbage. It is like the telephone bill or water bill. Things should go back to the way they were before last March. The City could have a class action lawsuit on its hands. Mayor Snyder stated he wished that Mr. Bressinck could have influenced the Legislature 4 years ago when this was put onto local government. Mayor Snyder closed the public hearing. Cm. Moffatt stated he would prefer putting the amount owed on the tax bills. Mr. Rankin adVised that the City would need to enter into discussions with the County for collections and it would come back before the City Council in the future. Cm. Burton felt we should calculate the recycling figures and also put them on the bill. This would be something like a total of $50 on the tax bills. We could take care of the recycling and the special pick ups and this would leave the garbage company in the garbage business. Mr. Rankin pointed out that the clean ups are garbage service. On motion of Cm. Burton, seconded by Cm. Houston, and by majority vote, the Council directed Staff to prepare the necessary documents to place a fee that can be justified on the property tax bills sent out by the County. The amount would be equivalent to the costs of service for recycling, the 4 special clean ups, the County's collection fee, plus administration. Cm. Howart and Mayor Snyder voted against this motion. Mayor Snyder asked if they were doing away with the mandatory service. Cm. Burton stated this will be the end result. Mr. Ambrose questioned if the motion included repealing the mandatory garbage ordinance. Cm. Burton stated he would like to have it repealed. There was, however~ no motion or second to include this as part of the motion. Cm. Houston questioned when people don't pay their garbage bill if it is usually renters or people moving out, or what. CM - VOL 12 - 17 Regular Meeting January 11, 1993 Dan Borges, Livermore-Dublin Disposal stated there is no typical scenario; there could be any number of reasons. Cm. Houston stated he thought there were very few people who recycle everything. Cm. Moffatt stated he would like to see examples of how this would work. Cm. Burton reinterated his thought that the City shoUld not be in the garbage collection business. Mayor Snyder advised that we are in the business because we issue a franchise. PUBLIC HEARING - CONSIDERATION OF 1993 OAKLAND SCAVENGER COMPANY GARBAGE RATES (810-30 & 600-30) Mayor Snyder opened the public hearing. Assistant City Manager Rankin advised that this item'was presented for Council consideration of the recommendations made by the Joint Refuse Rate Review Committee related to the 1993 Oakland Scavenger Company garbage rate adjustment request. Mr. Rankin reviewed the Staff Report which provided in-depth information related'to: Landfill Closure/Post Closure-Provisional Agreement; Comparison of 1992 Dublin Garbage Rates to Proposed 1993 Rates; Comparison to Other Jurisdictions; Proposed Rate Schedule; and Franchise Amendment to Implement Administrative Fee. Mr. Rankin stated just the rate review process is requiring more and more time. City Attorney Silver stated technically, you don't have to justify a franchise fee, and a franchise fee is different than a user fee. Mr. Ambrose stated it is important to recognize that it is really money well spent; our ratepayers are really getting a good deal. No public testimony was given on this item. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 14 - 93 APPROVING AGREEMENT FOR PROVISIONAL CHARGES FOR THE CLOSURE AND POST CLOSURE MAINTENANCE OF ALTAMONT SANITARY LANDFILL Regular Meeting January 11, 1993 and RESOLUTION NO. 15 - 93 AMENDING SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION & ESTABLISHING A MINIMUM SERVICE LEVEL FOR RESIDENTIAL CUSTOMERS AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION and RESOLUTION NO. 16 - 93 APPROVING THIRD AMENDMENT TO FRANCHISE AGREEMENT BETWEEN CITY OF DUBLINAND OAKLAND SCAVENGER COMPANY PUBLIC HEARING-AMENDMENT TO MUNICIPAL CODE CHAPTER ?.08 PROCEDURE FOR ESTABLISHING AND CHANGING STREET NAMES (820-60) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that this is the second reading of a proposed Ordinance for establishing and changing street names. The Proposed Ordinance is substantially the same as Ordinance No. 4- 83, which was inadvertently omitted from the Municipal Code. No existing regulations are being modified by this action. No public testimony was given on this item. Mayor Snyder closed the public hearing° On motion of Cm. Burton, seconded by Cm° Houston, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NOo i - 93 SETTING PROCEDURE FOR ESTABLISHING AND CHANGING OF STREET NAMES ITEM ADDED TO AGENDA MODIFIED AIRPORT PROTECTION AREA (1060-?0) City Manager Ambrose advised that the City of Livermore has requested that the Airport Land Use Commission (ALUC) amend the Alameda County Airport Land Use Policy Plan (ALUP) pertaining to the Livermore Municipal Airport. The amendment would establish an APA prohibiting residential land uses in an area 7,100 feet west of the runway, 5,000 feet north of the runway and 5,000 feet east of the runway. The ALUC will be meeting on January 13, 1993 to consider adoption of the amendment to the ALUP. CM - VOL 12 - 19 Regular Meeting January 11, 1993 Mr. Ambrose advised that ALUC Staff has proposed a modified APA which contains four zones, three of which would impact lands in the City of Dublin and impact the proposed Eastern Dublin General Plan Amendment and Specific Plan: Zone A, located 4,000 feet north of the runway would prohibit residential uses and school facilities. Other noise-sensitive uses would be allowed on a case-by-case basis. Zone B, located 5,000 feet north of the runway would allow residential uses with a minimum density of 10 units per acre if real estate disclosure notices approved by ALUC are provided to prospective buyers and tenants; noise attenuation measures approved by ALUC are incorporated into project design and if avigation easements are provided which commit property owners to agree not to complain or initiate lawsuits regarding aircraft noise or normal overflights. Zone C, locasted 6,000 feet north of the runway would allow residential uses of any density subject to the requirement of real estate disclosure, noise attenuation measures and avigation easements. Zone D, located over existing residential neighborhoods in the City of Livermore in the southeast corner of the APA. The only requirement proposed is that real estate disclosures be required at the time of sale. Mro Ambrose stated Zone A would delete some residential development. A fax had been received today indicating Zone A would fOllow the Dublin Boulevard alignment. All 3 cities agreed that they would go to the ALUC to request a continuance. The Pilots Association is adamant and they want to go with the original proposal. They may try to push this through. The cities felt there might be some room for compromise. Senior Planner Carrington explained that City Staff was concerned that with Zone A we would have a continued presence of the ALUC in land planning. Cmo Burton questioned if there was any talk of this becoming more of a regional airport. Mr. Ambrose stated this would have to come down between the 3 cities and is still to be negotiated. Staff recommended that the City Council direct Staff to request the Airport Land Use Commission to continue the January 13, 1993 hearing to allow time for the Cities of Dublin, Livermore and Pleasanton to continue to meet to reach an acceptable compromise on the APA. The Council concurred with Staff's recommendation. I [] n [] [] I · [] I I [] · · · · · · [] [] I I [] [] [] [] [] · [] [] · [] · · · · CM -VOL 12 - 20 Regular Meeting January 11, 1993 ACCEPTANCE OF GIFTS TO CITY (150-70) Recreation Director Lowart advised that the Dublin Senior Center is once again, the recipient of a gift in the amount of $100 from an anonymous donor. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council accepted the gift° 1993 GOALS & OBJECTIVES STUDY SESSION (100-80) City Manager Ambrose adviSed that each year, usually in February, the City Council holds a special study session meeting to review the status of those goals & objectives established by the Council for the current year and to establish and prioritize goals & objectives for the upcoming fiscal year° Mr. Ambrose explained the process and format used. He stated there is potential that the City of Dublin could be looking at some major impacts this year due to State cuts. Cm. Houston asked if there was some way the Council could rank the items instead of just putting everything high, medium or low. Cm. Burton requested that a definition be added for the 3 rankings° The Council concurred to keep the current format with a definition to be added° The Council selected the date of Wednesday, February 17th, for the study session. The meeting will start at 7:30 p.m., in the Council Chambers. OTHER BUSINESS Establish Meeting Dates for East Dublin GPA & SP (610-10) The Council established dates of February llth and 23rd for the continuation of the East Dublin General Plan Amendment and Specific Plan hearings. The meetings will begin at 7:30 p.mo, in the Council Chambers. * * * Tri-ValleY Council (140-80) Mr. Ambrose advised that the City of Pleasanton, who will be hosting the next meeting of the Tri-Valley CounCil, has requested that we let them know of anything we want added to the agenda. It looks like a pretty full agenda so far. Regular Meeting January 11, 1993 Sprinkler System @ Shannon Center (210-20) Cm. Howard questioned if sprinklers are still set to go on at night. Shannon Center was full of ice this morning. Mr. Thompson advised that they should have shut off, but they may have malfunctioned. He stated he would check into the situation. Purchasing Policy on Recycled Materials (380-20) Cm. Moffatt requested that since the City doesn't have any policy regarding buying recycled material, it should consider a recycling procurement policy. Alameda County has a policy and we may be able to piggyback onto theirs to create savings for both agencies. Mro Ambrose pointed out that this was identified as a low priority goal last year. It will be discussed again at the Goals & Objectives meeting in February, so the Council can consider raising the ranking° Fireworks Sales Permits (650-60) Cm. Houston stated he had an idea regarding Dublin Little League and the bleachers they want. They need them for the uPcoming season. Maybe we could utilize the fireworks booths and have an extra booth where they would be able to earn the money. Some of the groups in the lottery he questioned whether they should even be in it. Mr. Ambrose advised that this decision would need to be acted on quickly. Cm. Moffatt suggested the concept of if they.put them in, the City could give them credit for some kind of fees. Cm. Houston stated his idea was put forth so we wouldn't even have to reimburse them. Cm. Howard felt the City should look at the groups who are allowed to enter the drawing. Mr. Ambrose discussed the possibility of increasing the total number of booths. Cm. Houston stated he just felt we need to do whatever is necessary to utilize our assets better than we are now doing. CM- VOL 12 - 22 Regular Meeting January 11, 1993 CLOSED SESSION (640-30) At 12:10 a.m., the Council recessed to a closed executive session to discuss: 1) Pending Litigation, Dublin vs. Southern Pacific Transportation Coo, -Alameda County Superior Court No. V003792-9, in accordance with Government Code Section 54956o9(a); and 2) Pending Litigation, City of Dublin vs. Corallo, in accordance with Government Code Section 54956o9(a). * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:20 a.m. * * * --~ ( ~ --City Clerk [] [] [] [] I · · · I [] [] [] · · · · · · · · · · · · · [] [] I [] · · · · · [] Regular Meeting January 11, 1993