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HomeMy WebLinkAboutItem 4.01 Draft Minutes 12-14-1992 (2) ~ . . . REGULAR MEETING - December 14, 1992 A regular meeting of the city Council of the city of Dublin was held on Monday, December 14, 1992, 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: 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. * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council took the following actions: Approved Minutes of study Session Meeting of November 12, and Regular Meeting of November 23, 1992 (Mayor Snyder abstained from voting on the November 12th minutes only); Adopted RESOLUTION NO. 134 - 92 APPROVING CONSENT TO COMMON USE AGREEMENT WITH PACIFIC GAS , ELECTRIC COMPANY (DUBLIN BOULEVARD @ SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY 600-30) Adopted RESOLUTION NO. 135 - 92 APPROVAL OF SOBMITTED HAZARDOUS WASTE MANAGEMENT PLANS (850-20) and directed Staff to transmit copies of the Resolution to Alameda County Waste Management Authority, League of California Cities, Senator Boatwright, and Assemblyman-Elect Rainey; Authorized Staff to negotiate an agreement with NEC Business Communication Systems (WEST), Inc., for the maintenance of the city's phone system (600-30); Received the Financial Report for the period ending October 31, 1992 (330-50); Received the city Treasurer's Investment Report for period ending November 30, 1992 (320-30); Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 411 Regular Meeting December 14, 1992 -----------------------------------------------------------~---------- ITEM NO. ~.j COPIES TO: , /,,'" e e ~ RESOLUTION NO. 136 - 92 SUPPORTING REPRESENTATIVE GARY CONDIT'S EFFORT TO REQUIRE THE FEDERAL GOVERNMENT TO FUND FEDERAL MANDATES (660-50) Cm. Moffatt suggested that the city do the same thing for the state. Mayor Snyder pointed out that we do this with the state on an almost annual basis. Theoretically, the state has to pay for state-mandated programs. Adopted RESOLUTION NO. 137 - 92 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARKS & RECREATION COMMISSION AND RESeINDING RESOLUTION NO. 129-92 (110-20) and RESOLUTION NO. 138 - 92 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE SENIOR CENTER ADVISORY COMMITTEE AND RESCINDING RESOLUTION NO. 130-92 Approved Warrant Register in the amount of $543,822.32 (300-40). * * * * REQUEST FROM DUBLIN LITTLE LEAGUE (DLL) REGARDING BLEACHERS FOR THE DUBLIN SPORTS GROUNDS (260-30) Recreation Director Lowart advised that the President of Dublin Little League is requesting the city's assistance in providing basic bleacher accommodations to Dublin residents at the Dublin sports Grounds. They specifically request sufficient bleachers so that there is bleacher seating on either side of each of the baseball and softball fields. Ms. Lowart advised that a total of 12 bleacher units are needed to accommodate this request. The city currently has 8 bleacher units. Although Staff has identified the need to replace the existing bleachers and purchase additional bleachers, funds are not currently available in the FY 92-93 Budget. Replacement of the bleachers has been included as part of the Dublin Sports Grounds Renovation, Phase I, scheduled for FY 95-96. Ms. Lowart stated in the short term, there is a need for 4 additional bleacher units in order to meet the request of Dublin Little League. The estimated cost for 4, 15' aluminum bleachers with 5 rows and handrails is $5,845. This estimate includes sales tax and shipping, but not installation costs. Cm. Burton asked if any attempt had been made to get sponsors from local businesses or organizations to buy these. This would be an identifiable project that could be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 412 Regular Meeting December 14, 1992 e e Ms. Lowart responded that City Staff had not. She was aware that DLL has been trying to get companies to sponsor teams though. Marjorie Wong-Gilmore stated in the last year, many parents have asked her why they don't have bleachers. It is very cold when the Dublin winds blow. They understand that the Dublin Sports Grounds renovation has been included in the 5-year CIP, but it has been pushed back by 3 to 5 years, partly because of the drought. They feel this request is not out of hand and is in no way drought related. This year they have had a very active campaign to solicit sponsors. They have 47 teams this coming year, and have 32 sponsors. Their budget is very close to just barely meeting, because of their equipment needs. They are working on some fund raising projects. They would like to tell parents that the City will take care of the bleachers. .Cm. Burton reminded DLL that the city is facing a considerable budget deficit. There should be some way the city could work with DLL even if no progress is made on the request at this time. Some practical ways could be worked out, but their timing is bad, as the city doesn't have the money. Ms. wong-Gilmore stated they hoped that because this is a small amount of money, their request could be accommodated. The neighboring communities all have 2 sets of bleachers, and they did not understand why they don't have the same accommodations. Cm. Moffatt advised that within 3 to 4 months, the city will begin next years budget process and suggested that DLL could make a formal request at that time. He questioned if the city had given $40,000 recently to DLL to build a field. City Manager Ambrose stated $20,000 was allocated for the Murray School field which was a joint project. DLL provided the labor. Cm. Houston stated he was impressed when the city worked jointly to build the Murray field. Maybe there will be some skills and labor needed in the renovation of the Heritage Center and perhaps something could be worked out to kill 2 birds with 1 stone. There is a lot of talent in the DLL group and maybe some community group could do some of the work and get paid for it. Ms. Wong-Gilmore stated this year they have been asked to pay increased fees for use of the fields. Basically, DLL does not have a good volunteer group. They do prep the fields prior to their games. She did not feel she could commit 40 guy to help. They lost funds last year when the city voted to fund the Heritage Center instead of the Sports Grounds. Cm. Burton stated this was incorrect; it was between Mape Park and the Heritage Center. Ms. wong-Gilmore indicated that her point was they serve a good portion of Dublin. They are very proud of the City and they are aSking for only a small accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 413 Regular Meeting December 14, 1992 . - Cm. Burton stated he thought Cm. Houston had a good suggestion and also, he didn't know the rules about fireworks booths, but if there were an additional ticket, a booth could be set up specifically called "the Dublin Little League bleachers booth". Mr. Ambrose stated this would necessitate modifying the current fireworks ordinance. The ordinance would have to be brought back before the city Council. Cm. Burton felt there is more than enough money in the sale of fireworks to fund this. Cm. Houston asked how many groups apply for the lottery. Fire Chief Diekman stated there were about a dozen who applied last .year. Mr. Ambrose suggested that the Council might want to look at how the people are selected. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council agreed that this request be considered with the annual budget in the spring. Cm. Houston asked how long it takes to get bleachers once they are ordered. Ms. Lowart responded that it would take 4 to 8 weeks. * * * * PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE CHAPTER 7.08 PROCEDURE FOR ESTABLISHING AND CHANGING STREET NAMES (820-60) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that the procedures for establishing and changing street names was set by Ordinance No. 4-83. When the Municipal Code was prepared, provisions of this Ordinance were inadvertently omitted, and passage will codify this procedure into the city's Municipal Code. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and introduced the Ordinance. * * * * PUBLIC HEARING - ESTABLISHMENT OF ADMINISTRATIVE FEE APPLIED UNDER THE MANDATORY GARBAGE PROGRAM (810-20 Mayor Snyder opened the public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 414 Regular Meeting December 14, 1992 . - Management Assistant Barker presented the Staff Report and advised that under the Mandatory Garbage Ordinance, Livermore-Dublin Disposal can request that the city pay for delinquent accounts. The city can recover the costs through liens placed on the property. A $25 administrative fee for each lien is proposed by Staff in order to recover Staff time, costs and overhead. Mr. Barker explained the Ordinance procedure and lien process. As required by State Law, a pUblic notice regarding this proposed fee was published twice. Max Benhamou, Kilrush Avenue stated he had a problem with this law. He came to this Country to seek freedom. He does not wish to do business with this garbage company because they are crooks and felt he should have a choice. He would like to see the law changed so that he .could take care of his own garbage. He stated he is stubborn about this because of past problems with this company and he will not be their customer. It takes him almost a month to fill a brown bag of garbage and it is not fair for the City to put a lien on his property. Cm. Moffatt questioned what Mr. Benhamou does with all his yard cuttings. Mr. Benhamou stated he has very little because his wife has asthma. In the Spring, he cuts things and takes them to the dump. Frank Ruskey advised that about 4 years ago, for some unknown reason, the garbage company missed picking up his cans and the fight went on for about 3 months. He deducted the missed pick-up from his bill and eventually he took them to small claims court and won. He questioned why the City would put itself in jeopardy to put a lien on someone's property. Why is the city doing this work for the garbage company? Shirley Corallo asked if the $25 fee includes the recording fee to process the lien. Mr. Barker stated it did not; this would be an additional charge to the property owner. Mr. Rankin advised that the city is treated differently when it records things. If it is paid before it goes on the tax bill, there would be a $9 charge. Ms. Corallo questioned what procedures have been put into place to make sure that the city Council receives all the correspondence on a delinquent bill in order to make sure they should proceed. She asked if telephone conversations would be documented and taken into consideration also. Mr. Barker stated the company is required to provide a detailed list and information to the city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 415 Regular Meeting December 14, 1992 - e Mr. Rankin clarified that the proposal this evening is to discuss an administrative fee. There is no example thus far, because the city has never done this. Ms. Corallo stated she felt $25 is a reasonable fee and her concerns were whether the city Council can make a qualified decision. Mr. Rankin advised that both the property owner and customer will be notified of a public hearing before the city council in order to provide testimony before a lien would be placed on the property. Mayor Snyder closed the public hearing. Cm. Burton stated he has been against the Mandatory Garbage Ordinance and also the fact that the city is a collection agency for the garbage ,company. The Ordinance, however, is not before the council; only the issue of whether to set a $25 fee. Cm. Houston stated he felt the problem with the Ordinance is we are getting more and more bureaucracy in place. He doubted that $25 is an adequate fee to cover all the layers of government. He would like to see this put on a future agenda to discuss removing mandatory service. Cm. Moffatt stated he had a problem with the $25 fee because the city is getting a franchise fee from the garbage service. He felt this should be negotiated within the franchise fee. An individual might be having a hard time paying the bill to begin with and they don't need an additional $25 fee added. He didn't feel there would be that many people involved. Mr. Rankin advised that as of the first quarter billings, there are slightly over 30 accounts that are delinquent. The ratepayers who are paying their bills are subsidizing those who don't. Mr. Ambrose pointed out that if the company incurs costs, they will be spread to the ratepayers. Cm. Burton stated it appeared that there is evidence at this time that there are a number of issues regarding mandatory garbage service and fees and he would like to see this postponed and brought back before the Council as a total package. Maybe the whole issue of the City being in the business of collection should be reviewed. On motion of Cm. Burton, seconded by Cm. Houston, and by majority vote, the council continued discussion of this item to the January 11, 1993 meeting, at which time the whole issue of garbage will be discussed, including fees, the mandatory garbage ordinance, and the issue of collections. Mayor Snyder voted against this motion. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 416 Regular Meeting December 14, 1992 e . PUBLIC HEARING - WATER EFFICIENT LANDSCAPE ORDINANCE (1000-80) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and explained that this Ordinance, which is required by State Law, would affect new and rehabilitated landscaping for public, commercial, industrial, and recreational purposes, and developer-installed residential landscaping. The provisions do not apply to homeowner- installed landscaping and will not affect landscaped areas of less than 5,000 square feet. Mr. Thompson explained that the Ordinance will require the city to design all new park and median projects to its standards, which will mean additional design costs. The landscaping design cost for ,developers will also increase; however, the long-term savings in reduced water usage should more than offset the additional cost. There will be some additional staff time required to plan check development permits and building permits, the cost of which mayor may not be recoverable, depending on the city's fee for the particular type of permit. Staff will be reviewing the city's fee resolution for needed revisions so that these costs are recovered. Cm. Burton stated he had been involved in this and thought recycled water will have to be used by an irrigation system. He questioned if a dual water system will be required. Mr. Thompson advised that a dual system is already required. Cm. Houston questioned if existing landscaping systems will have to be retrofitted. Mr. Thompson stated someone would have to be doing a major rework on the landscaping site. As an example, Taco Bell is redoing their entire site, but they are a little under 5,000 square feet, so they don't have to do this. The 5,000 square foot applies to the landscaped area. Cm. Moffatt questioned if there was some way we could control the situation a little better as he had observed sprinklers in the park being on when it was raining. Mr. Thompson stated a rain sensoring device could be added. Sensors are in place at Shannon Park which can tell the amount of moisture in the ground. No comments were made by members of the public relative to this issue. Mayor Snyder closed the pUblic hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and on an urgency basis adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 417 Regular Meeting December 14, 1992 . e ORDINANCE NO. 18 - 92 ADDING CHAPTER 8.20 PERTAINING TO WATER EFFICIENT LANDSCAPING TO THE MUNICIPAL CODE AND DECLARING THE ORDINANCE AN URGENCY ORDINANCE TO BECOME EFFECTIVE JANUARY 1, 1993 . . . . 1992-93 BUDGET MODIFICATIONS (330-20) city Manager presented a detailed report which identified potential cost savings measures. At the last budget meeting of the city council, Staff estimated that the city would be facing a revenue shortfall of approximately $184,000. Additional savings as identified in the report, reduced the estimated shortfall for 1992-93 to .$118,509. The Council discussed potential liability if the City stopped doing the tree trimming and required individual property owners to do it. The Council discussed the community Television Channel 30 contribution. Mr. Ambrose advised that the city has not paid either of the 2 installments. The other cities have already paid for this year. He proposed to reduce the city's contribution over the next 3 years, which would give CTV ample time to find corporate sponsors. He stated he had had discussions with another city which indicated they will be looking at pulling out and going on their own. CTV needs to look for major donors to fund their programs. Cm. Burton asked what would happen if the city holds off on hiring the Senior Planner position this year. Mr. Ambrose stated Staff had looked at this and the only problem is that the council ranked a number of services and projects high that this position would work on. The council discussed the savings if this position were not filled. Cm. Houston asked questions related to deferring the Heritage Center acquisition. Mr. Ambrose stated the figure presented represents maintenance and operation costs. There may be some additional savings in this budget; clean-up and trimming costs were included in the figure. Cm. Houston asked if the Trip Reduction Ordinance could be deferred to the next fiscal year. Mr. Ambrose advised that the city gets $10,000 from the Sher Bill AB 434 and this is a mandatory program that we must implement or risk losing the money. There is still a question on how we get this done. We should already be doing things that we haven't started. Mr. Thompson advised that a lot of cities are ahead of us on this program. We recently started sending our Senior Engineer to training courses. We will need to meet with employers who have over 100 employees pretty quickly. There are 10 or 12 such employers in Dublin. Cm. Moffatt stated he had concerns regarding spending $30,000 for a consultant to review the city's fees and charges. Mr. Ambrose advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 418 Regular Meeting December 14, 1992 e - that Staff had spoken to other cities, and this seems to be the going rate. We have a lot of numerous and different fees and need to make certain that we charge appropriate fees that cover our costs. It comes down to whether the city Council wants to continue to rate this as a high priority item. Existing Staff is unable to make progress on this item. Cm. Houston stated Staff should be commended and should keep pecking away at this project. He felt that $30,000 is just too much money to spend at this time. The Council discussed cutting the City paid sidewalk repair program. Correspondence and telephone calls had been received by the Council related to this. Cm. Burton said he was not against charging residents for this as the city would be turning it over to them with the sidewalks in good shape. The City has been riding high with sales tax revenues in the past and was able to pay for this. It is actually .the property owners' trees that cause the sidewalks to crack anyway. Cm. Houston stated he felt the City should keep funding the tree trimming and sidewalk repair programs. Mayor Snyder advised that this is reviewed on an annual basis and in the past the city has had enough money to do it. He felt this would be a good time to switch and referenced that the State Law is very clearly defined on who should and who should not be doing this. Cm. Houston felt the City should look at cutting CTV at this time, since this is a luxury service. Cm. Burton made a motion, which was seconded by Cm. Moffatt to make the cuts in accordance with the city Manager's recommendations on pages 1 and 2 of Exhibit 1, with the exception that $30,000 would not be spent on a consultant. The total savings would be $161,431. Cm. Houston questioned if the Senior Planner position should be filled or deferred. Cm. Burton indicated he felt the City should hold off on hiring this position. Cm. Houston felt it would be unfair once the position is hired to then find out we don't have enough money. Ms. Shirley Corallo, Treasurer of the silvergate Highlands Owners Association which includes 259 single-family homes and/or lots, addressed the council and referenced a letter that had been faxed to the council earlier in the day. She stated they bought their homes with the understanding that the city would maintain the streets and sidewalks. If the City no longer pays for sidewalk and street repairs, the property owners general property maintenance expenses will increase, not to mention the increased liability insurance. She stated this is not acceptable. They do not feel their $1 million umbrella policy would be enough to cover the liability. She felt the city council should rethink this. It was her understanding that the city owns the sidewalks and it is not right that property owners have to maintain them. She questioned how Staff arrived at the cost savings figure for tree trimming and asked if the amount saved would be real dollars, once the city's costs are deducted. Mr. Ambrose stated the savings are the city's actual costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 419 Regular Meeting December 14, 1992 e - Mayor Snyder stated this has been a part of State Law since 1911. The law states very clearly that sidewalk maintenance shall be the responsibility of property owners. Ms. Corallo suggested that the city should look at ways to bring business to the City. The City put her business out of business on a very short notice. She has heard rumblings of people who want to come into the community, but the city's attitude and regulations are bad. Mayor Snyder stated he would personally investigate any situation if she could give him names and specifics. He stated he gets very upset when he hears broad statements of this nature made without any basis of fact. Ms. Corallo stated the rules that were put in when we were very fat no .longer apply. A group of people need to look at all the rules and regulations and fees that no longer apply to the 90's. We need to bring new businesses in and build more. This city has problems and one of the problems is it drives businesses away and puts others out of business. She would like to see this turned around. Frank Ruskey stated he felt that as the budget is examined, the community as a whole should be looked at. No matter what we do, we will adversely affect someone. He requested that the Council look at those things that impact the least amount of people. CTV should be cut before Library hours are cut. He asked why Dublin should wait until next year to cut CTV just because other cities are funding them this year. He did not feel that tree trimming, sidewalk repair, etc., should be cut until we cut CTV. One vote of the council tonight could save the city $49,000. It is not that they don't do a good job, but people can get the same input out of the newspapers. Mr. Ruskey stated crime in the city in the last 2 years is at a slight decline. About 85% of the crime is committed by youth. If you take $7,000 out of the youth program budget, you will pay $100,000 in crime. The Council should not touch the amount of money going to youth programs. Why hit a winning system? Mr. Ruskey also stated the city will get $ 4.5 million if it annexes west Dublin in January. The city Council should defer their decision until all the cards are on the table. We're having the biggest sales tax season in history. Elliott Healy questioned if there were definite measurements on the requirements for tree trimming. Mr. Thompson advised that trees must be 8' off the sidewalk and 16' off the street. Mr. Healy felt there were some things that could be put onto a public survey on an either/or basis. He personally could do without the newsletter and have this amount go toward sidewalk repair. He was in agreement with cutting CTV as he gets most of his news from other sources. sidewalk repair would impact residents substantially. He questioned the shifting of pUblic liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 420 Regular Meeting December 14, 1992 . e Ms. silver advised that the city's codes current provide that residents are liable. Mayor Snyder stated in the last 11 years, the city has pretty much identified and repaired known hazardous areas. The Council discussed the slurry seal program with mid-year savings of $45,000 indicated, and questioned how serious the impacts would be to citizens by lengthening the cycle. Mr. Ambrose indicated we would still need money to do the overlay. The slurry seal program is on a 7 year cycle and it could be increased to 8 years. The riding surface would not be as smooth. Mr. Thompson advised that the city would go ahead and fix the bad spots. There would be black spots on streets, but it should not affect the streets that much. It would mainly be aesthetic. Mayor Snyder stated appearance is not really the problem. It is the investment in the infrastructure we have on the streets. Slurry seal is not done for appearance purposes, but rather to protect the streets. Cm. Burton withdrew his previous motion, and Cm. Moffatt withdrew his second to the motion. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council authorized the following cost savings to address the known shortfall: striping/Marking = Dublin Blvd Widening Design = Dougherty Rd Improvements = City Manager/Finance Dept Reorganization = Fill 2 Firefighter Relief positions w/overtime= Freeze Senior Planner position Hiring = Total Mid-Year savings = $ 33,600 13,393 26,713 3,600 23,500 29.428 $130,234 The Council agreed that another evaluation could be made in March or April related to the payment schedule for CTV. Mr. Ambrose advised that the city usually pays at the beginning of the year and then pays a second half at mid-year. We have not made any payments for this fiscal year. Mr. Houston felt that CTV should be looked at next for possible cuts, but no cut would be included at this time. Mr. Rankin advised that the entire amount is typically expended by January. Cm. Houston questioned how the arrangement with CTV came about. Mr. Rankin advised that Cm. Howard is the City's designee to the committee. They develop a budget each year. Their current budget is the same as last years and they are very much aware of the financial condition of the cities. Mr. Ambrose stated their budget was a lot less when we first got started in this. CTV has become more professional and they have developed the 580/680 news program. He clarified that the city has no contractual obligation with CTV. Cm. Burton felt City Staff should indicate to them that there will be a cut in the coming year. Cm. Houston felt the city should pay the money for this year, but not in future years. Cm. Houston felt that the Senior Planner position could also be reconsidered with next years budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 421 Regular Meeting December 14, 1992 e e Cm. Houston felt that the $5,000 identified for data processing equipment for Staff would probably pay for itself fairly quickly. This should not be cut. The Council clarified that if further cuts are necessary, once more information is available and sales tax figures are known, the next items for consideration will be: Slurry Seal, sidewalk Repair program, CTV, and Street Subdrains. . . . * APPOINTMENT OF eOONCIL REPRESENTATIVES TO COMMISSIONS. COMMITTEES , BOARDS (110-30) city Clerk Kay Keck presented the staff Report and advised that it ,would be appropriate for the council to discuss any desired changes to the city's appointment list, and to fill the openings created as a result of former Cm. Jeffery's retirement. Following the discussion, the Mayor should make an announcement as to the finalization of the list, and the Council should vote on its approval. The Council reviewed the entire list and made various changes and additions. Mayor Snyder announced the list as being complete and recommended its approval. On motion of Cm. Moffatt, seconded by em. Houston, and by unanimous vote, the Council approved the Mayor's appointment list. . . . . HERITAGE TASK FORCE (110-30 & 910-50) Recreation Director Lowart stated that one of the 1992 goals was to establish a Heritage Task Force to determine the best way to operate programs at the Heritage center and report to the city council for action. A suggested composition for the Task Force would be one representative from each of 4 organizations (Parks & Recreation Commission, Amador-Livermore Valley Historical Society, Dublin Cemetery, Inc., and Dublin Historical Preservation Association), and 3 citizens at-large. Cm. Moffatt felt that the Amador-Livermore Valley Historical Society would probably not be interested in this. He suggested eliminating them and adding another citizen at-large position. Cm. Burton questioned if someone from the city Council should be included. Ms. Lowart stated they look at this as a short term assignment and would defer to the city Council for a decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 422 Regular Meeting December 14, 1992 e e Cm. Burton felt that while there may be issues which could be represented by the Council, it will eventually come before the full council anyway. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council approved the formation of the Heritage Task Force and directed staff to solicit participation from the groups as well as the community at large to serve on the Task Force. The Amador- Livermore Valley Historical society representative was deleted from the list and the number of citizens at-large positions was increased to 4. . . . . AeeEPTANeE OF GIFT TO CITY (150-70) Recreation Director Lowart advised that Health Net, a California health insurance company has indicated a desire to sponsor a dessert for the Senior Center's annual holiday luncheon. A check for $91.04 was submitted to cover the cost of cheesecake. Cm. Moffatt pointed out that Health Net is an organization that deals primarily with large businesses and small companies are eliminated. Ms. Lowart advised that they have a new program that is targeted toward senior adults. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the council accepted the gift and directed staff to prepare a formal acknowledgment to Health Net. . . . . 10TH ANNUAL ST. PATRICK'S DAY CELEBRATION (950-40) Recreation Director Lowart advised that the parade and celebration is scheduled for Saturday, March 13, 1993. The Property Manager at the Dublin Place Shopping Center has indicated that this site would be available as it has been for the past 2 celebrations. Ms. Lowart advised that the merchants from the Shamrock village Center have also indicated an interest in hosting the celebration for 1993. The Parks & Recreation Commission considered both locations at their November meeting and recommend that the celebration be relocated to the Shamrock village Center on Amador Valley Boulevard and San Ramon Road. Staff has received approval from 2 of the 3 property owners to utilize the Center for the celebration. Ms. Lowart stated if the celebration is relocated to the Shamrock village Center, an alternate parade route had been developed which would allow the parade to disband closer to the celebration site. The suggested route would be: south on Amador Plaza Road, east on Dublin Boulevard, north on Village Parkway, west on Amador Valley Boulevard. Amador Plaza Road would be utilized as the staging area and the parade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 423 Regular Meeting December 14, 1992 e e would disband at the Albertson's parking lot. The Dublin-San Ramon Lions Club reviewed the route and expressed concerns that the parade does not begin and end in the same location and felt that constant changing of routes creates confusion for participants and spectators. Ms. Lowart stated that Staff was recommending again this year that local businesses be invited to stage sidewalk sales in conjunction with the celebration and that promotional sign processing fees be waived for those businesses who referred to the st. Patrick's Day Celebration in their promotional signs. Ms. Lowart advised that the total cost estimate for the 1993 celebration was estimated at $13,000. Cm. Moffatt stated he felt if we use the Shamrock Center for the celebration, it would be a good idea to have the parade end near 'there. They have been very supportive of the community. There have been complaints from the other center in the last few years about shutting them down for a couple of hours. He felt the alternate parade route should be approved and the celebration held at the Shamrock center. Cm. Howard questioned why the Park & Recreation commission decided on the Shamrock Center. Ms. Lowart stated they liked the idea that the Shamrock Center was supportive of the event. Visibility from Amador Valley Boulevard and San Ramon Road could contribute to greater attendance as well. Cm. Moffatt stated he had heard that individuals who own the building where the Sawmill used to be have suggested that perhaps that building could be used as an indoor area in the event of rain, this year only. This information has not been confirmed. On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council adopted RESOLUTION NO. 139 - 92 SUPPORTING THE 1993 ST. PATRIeK'S DAY eELEBRATION . . . . AGREEMENT BY JURISDICTIONS IN TRI-VALLEY AREA ADDRESSING FUTURE LAND USE ENTITLEMENTS IN THE TRI-VALLEY AREA (600-40) Public Works Director Thompson advised that an agreement had been drafted between the cities of DUblin, San Ramon, Danville, Livermore and Pleasanton and the Counties of contra Costa and Alameda which would require that new developments conform to recommendations including regional traffic impact fees and land uses now under study by the Tri-valley Transportation council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 424 Regular Meeting December 14, 1992 e e Barton-Aschman Associates has been hired by the TVTC to develop a plan (TVTP) which would incorporate transportation needs, as well as suggested methods of financing improvements. This plan is anticipated to take another 8 to 12 months to complete. The TVTP can only be adopted through a unanimous vote of the 7 agencies, and if any agency disagrees with the Plan, it need only vote against it. Mr. Thompson reviewed 9 comments that Staff prepared to be incorporated into the language of the proposed agreement. Cm. Moffatt stated this draft was originally submitted by the Dougherty Valley Roundtable Group. Mayor snyder indicated this was not correct; it was submitted by sunny McPeak and the Contra Costa County Staff drafted it. Cm. Burton felt the main thing is that everybody is trying to get into land planning. This would be countered by the first sentence in Dublin's drafted letter, "Each jurisdiction be the final authority in approving land use within their own planning areas." He felt we should hang tough on this. Cm. Moffatt felt we should make it possible for cities to unite and ABAG's recommendation was based on the amounts of dollars and funds available and how much you impact other cities. It is more complicated than just saying that the cities will have complete control. Cm. Burton stated we may be told how we are to do it. Cm. Moffatt felt that money can certainly be used to influence these decisions. Mayor Snyder advised that this issue goes back before the Contra Costa County Board of Supervisors tomorrow. Staff advised that the letter will be faxed. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council directed Staff to transmit the draft letter to the Tri-valley Transportation council. . . . . UPCOMING AIRPORT LAND USE eOMMISSION AeTION ON THE LIVERMORE AIRPORT PROTEeTION AREA (1060-70) Senior Planner Carrington presented the Staff Report which outlined several concerns related to the Airport Protection Area (APA). The boundary of the APA would extend into the proposed East Dublin Specific Plan area and would adversely impact approximately 1,000 dwelling units in the plan. On November 17, 1992, the Airport Land Use Commission received public testimony on the proposed APA and Draft Negative Declaration. The hearing was continued until January 13, 1993. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 425 Regular Meeting December 14, 1992 e e Mr. carrington stated staff had drafted a letter expressing Dublin's concerns and also suggesting that a committee be established made up of elected officials and staff of the cities of Dublin, Livermore and Pleasanton and the County of Alameda to cooperatively update the Airport Master Plan. This plan expires in 2 years. Cm. Moffatt asked staff to indicate on a wall map exactly where the area was that would be impacted. Mr. Ambrose advised that he had met recently with the City Managers and staff of Livermore and Pleasanton regarding this issue. Pleasanton is adamantly opposed to the protection area. They asked for some additional information related to contours for safety as well as noise. ,Mr. carrington advised that Dublin city staff has been working to push sensitive land uses as far from this area as possible, but population/ housing balance numbers must be taken into consideration. Elwood Bono, Vice Chair of the pilots Association advised that most of the statements made this evening were in error. No one was in attendance at their meetings. Flight patterns are not determined by any city, but rather by the FAA. There are thousands of flights every day out of the Livermore Airport that go over Dublin. The runways are placed only after much study, and this is based on prevailing winds. When Livermore had only one runway, it was the most active airport in the world. Too many people want to live in this area for it not to grow. Mr. Bono addressed each of the 4 points contained in the draft letter. He stated the only alternative would be to stop all building in the 3 cities. A great deal of thought went into this protection area. He requested that the city review the letter and do some research before sending it. Mayor Snyder stated what we are aSking in the letter is exactly what he asked previously at the ALUC meeting. We want to be a participant. We have asked in the past for participation and have not been allowed to be a part of the process. When you are not a part of the process, you don't understand. We feel that Livermore is negligent in their review process. Mr. Bono stated he doesn't agree that you can stop growth; however, he felt that everything the city says in the letter is incorrect. Cm. Burton stated he pilot's standpoint. sides. We have not have a good working is a pilot and understands the situation from a They are arguing about something that has 2 been involved. pointing fingers is not the way to relationship. Mayor Snyder felt that the letter was drafted the way it was because the ALUC had this all adopted. Someone was able to get it put off for 2 months. The letter just states our concerns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 426 Regular Meeting December 14, 1992 e e Cm. Burton felt we should not complicate the issue. It will be a long time before Dublin starts building there; this is 6 miles away. Instead of criticizing, we should have a group get together and compromise. Mr. Ambrose stated one of the reasons this is being pushed so hard is to adopt the Airport Protection Area before the east Dublin plan is completed. Noise and safety are the main issues. We just want some more information. Cm. Burton felt the way the letter is written will just aggravate the situation more. This is out of our league and he felt it is prudent for us to go in with more of a "work it out" attitude. The airport is going to be there whether we like it or not. .Mayor Snyder stated they have excluded us all along. Cm. Houston questioned what our rebuttal to the plan would be. Mr. carrington stated we feel the area should be realistic and no larger than it needs to be. There is no basis for this large of a protection area. We would not object to a smaller, more realistic area. Cm. Burton made a motion, which was seconded by Cm. Houston to delete the paragraphs numbered 1, 2 and 3 in the letter and begin the next paragraph with, "At this time the proposed APA ..." This motion was defeated due to NO votes cast by cm.'s Howard and Moffatt and Mayor Snyder. Cm. Moffatt felt the wording might be strong, but these are areas where we have concerns. Milton Righetti stated he has also written a letter about his concerns as a property owner in this area. You must preserve your rights under the law so in this case, to say more is better. Dublin is just preserving its rights to bring up all points before a court of law. Livermore is in violation here. He urged the city to write a strong letter. Once the city is involved, it can then negotiate. If you don't have noise levels that exceed the limits, there is no reason for an APA to limit housing there. Livermore wants to have protection against violating standards. Pilots must conform. Dublin must get involved. Cm. Burton stated he felt this should be a regional airport and Livermore should not be running it. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to sign and send the letter as drafted to the Airport Land Use Commission. . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 427 Regular Meeting December 14, 1992 e e CONSIDERATION OF PROVISION OF SATELLITE FIELD OFFICE SPAeE AT eIVIe CENTER FOR CONGRESSMAN BAKER (200-20) Assistant city Manager Rankin advised that city staff had recently met with representatives from Congressman-Elect Baker's office to discuss the potential of a satellite field office at the Civic Center. The group discussed use of the vacant office adjacent to the city Manager's Conference Room. This office is currently used for file storage and items can be moved to the unfinished expansion space. Based upon discussions, the overall purpose of having the office here would be to improve public access to Federal elected officials, and a potential lease agreement would stipulate that no campaign related work would be performed from this office. Mr. Rankin advised that staff had reviewed the budgeted cost of utilities, maintenance and insurance and the direct cost averaged approximately 40 cents per square foot. Based upon the size of the office, this would produce a rental rate of $45 per month. Congressman Baker would be responsible for providing all furnishings for the office. The lease agreement would need to address the method for reimbursement in the event that there are any direct expenses. The City would not be providing direct secretarial services beyond the reception function. Mr. Rankin advised that due to timing, staff was requesting a change. It would be preferable to allow Staff to go ahead and execute the lease on whatever terms the Council feels appropriate and in this way, they would be able to move in sooner. Cm. Burton questioned if they would have visitors that would involve our receptionist's time. He also questioned the office hours. Mr. Rankin stated they were unsure of how many people would be visiting. They intend to maintain an office in Walnut Creek. Erlene DeMarcus stated they estimate they will use the office 2 days a week. They aren't sure how much traffic there will be. They are willing to be flexible. They will most likely keep office hours of 10 a.m. to 4:30 p.m. They may occasionally need access after hours. Cm. Burton stated he felt the city would be very proud to have this representation here, but it is imposing something different in the building. He couldn't visualize how visitors would be handled without some sort of interaction by city Staff. Cm. Houston felt the advantages of having this office here will be of immense value and will override any negatives. On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that this type of use is appropriate and authorized the city Manager to execute a lease for $45 per month and to do a cursory review after 6 months. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 428 Regular Meeting December 14, 1992 e e . . . . eREATION OF ADMINISTRATIVE SERVICES DEPARTMENT (700-10) city Manager Ambrose advised that with the recent resignation of the city's previous Finance Director, he and the Interim Finance Director had evaluated the adequacy of the financial and data processing support services being provided to the city. As a result of the evaluation, Staff has concluded that provision of financial support services to other city Departments and oversight and provision of data processing support services could be improved by a reorganization of the City Manager's Office and the Finance Department. Mr. Ambrose stated he proposed that an Administrative Services Department be formed that would include some of the functions currently performed by the city Manager's Office and all of the .functions currently performed by the Finance Department. The Administrative Services Department would consist of a Financial Services Division and a Central Services Division. The Financial Services Division would perform those financial functions currently performed by the Finance Department and Risk Management/Insurance functions. The central Services Division would be responsible for Personnel, Data processing, Waste Management, Public Information, Disaster Preparedness, Legislative Analysis and Special Projects. organization charts were shown indicating the recommended new structure, as well as a personnel allocation chart. No additional positions are proposed as part of this reorganization, but by reorganizing, salary and fringe benefit savings of $11,000 per year will result. The Finance Director position would be eliminated and a Finance Manager position would be created. The half time Finance Technician position would be changed to a half time Office Assistant II position. The job description for the Assistant city Manager position would be changed to Assistant city Manager/ Administrative Services Director. Mr. Ambrose advised that this reorganization would not take effect until the Finance Manager position is filled. Staff estimated that this recruitment can be completed by March 1, 1993. Cm. Moffatt questioned what type of requirements there will be for the Finance Technician. Mr. Ambrose clarified that Staff's recommendation was that the half time Finance Technician person be downgraded to an Office Assistant II position. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the council adopted RESOLUTION NO. 140 - 92 AMENDING THE CLASSIFICATION PLAN (Finance Manager and Assistant eity Manager/Administrative services Director) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 429 December 14, 1992 Regular Meeting e e and RESOLUTION NO. 141 - 92 AMENDING RESOLUTION NO. 142-90 ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS and RESOLUTION NO. 142 - 92 AMENDING THE SALARY PLAN and RESOLUTION NO. 143 - 92 AMENDING THE 1992-93 POSITION ALLOCATION PLAN . . . . CONSIDERATION OF ISSUES IMPACTING 1993 GARBAGE RATE APPLIeATION (810-30 , 600-30) Assistant city Manager Rankin advised that through participation as a member of the Joint Refuse Rate Review committee, the City is able to identify significant policy related issues which will need to be addressed once the rate review is finalized. In order to prepare resolutions and potential agreements for the 1993 garbage rate application, input from the city Council was being requested related to several issues. Mr. Rankin advised that the last rate application considered by the city council represented a substantial change in methodology and the change to jurisdiction based rates was favorable for the City of Dublin. A chart which indicated the current basic monthly garbage rates was shown and discussed. For rate setting purposes, staff recommended that the Council concur with the inclusion of $1.34 as the 1993 curbside recycling rate. Mr. Rankin advised that in accordance with Council direction, an agreement had been prepared which will provide a one-time credit for recycling to utilize Measure D funds. A resolution was presented which will authorize the one-time credit of $8.04 to approximately 5,348 accounts. The cost for the 4 special pick-ups was discussed. staff sought direction on the number of clean-ups to be provided and stated the clean-ups are well utilized and have become an expected service level for most customers. OSC has proposed the dates of January 23, April 10, July 17 and October 16 if the city elects to continue with 4 clean-ups in 1993. The customer notification process was discussed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 430 Regular Meeting December 14, 1992 e e If the 4 clean-up dates are maintained, staff recommended that the city Council authorize OSC to proceed immediately with a separate postcard mailing containing the 1993 dates. Mr. Rankin discussed placement of full cost of clean-up component on first can of service. staff recommended that the city council impose the full cost of clean-ups on the first can. Mr. Rankin discussed the administrative cost recovery. staff recommended this as a reasonable approach to providing long term funding for these activities. changes in state Law have continued to expand the level of city administration required over waste management activities. The current surplus in OSC revenue will minimize the impact of this change at this time. ,Mr. Rankin advised that the preliminary findings of the JRRRC Report are that the city can reduce total revenue to OSC in 1993. In order to address the projected surplus, Staff recommended that the council undertake rate adjustments in 1993 which will reduce OSC revenues by $200,000-$221,000. Total impact of residential rate adjustments was discussed. The one- can customer rates would be increased by $ .10 per month; the two-can customer rates would be decreased by $ .60 per month; and the super recycler customer rates would be increased by $ .25 per month. Mr. Rankin discussed commercial/drop box rate adjustments and advised that Staff will obtain comparative data from surrounding communities. In summary, Mr. Rankin reviewed the issues and actions required, which were: Recycling: 1) direct Staff to incorporate the new monthly recycling rate of $1.34 in the 1993 Residential Garbage Rate structure; 2) adopt Resolution providing one-time Measure D credit. Clean-ups: 1) determine the number of special clean-ups to be included in the rates; 2) determine whether the Company should do a special mailing on the clean-up schedule; and 3) determine whether the full cost of $1.06 per month should be included on the first can of service. Administrative Fee: 1) provide direction on whether an Administrative Waste Management Fee should be considered; and 2) if this fee is pursued, direct Staff to prepare the necessary amendments to the agreements with OSC. Residential Rates: 1) provide direction as to whether Staff should develop rate resolutions which provide for a 12.5% decrease in the basic disposal component. Surplus Balancing Account: 1) direct staff to report on the elimination of any surplus balancing account beginning with the 1994 rate applications. On motion of Cm. Howard, seconded by em. Burton, and by unanimous vote, the council adopted RESOLUTION NO. 144 - 92 APPROVING FIRST AMENDMENT TO RECYCLING AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 431 Regular Meeting December 14, 1992 e e Cm. Moffatt asked if Staff had reviewed the cost implications of going to a curbside program. Dan Borges with LDD advised that it would be hard to determine at this point, but there would be some cost savings. Cm. Moffatt questioned utilizing the automatic can system. Mr. Borges stated they looked at a fully automated plan like Pleasanton has now, but there were no definite cost figures available at this time. By a council consensus, the 4 special pick-ups should continue. The council felt that a special postcard mailing was a good idea. The full cost of $1.06 per month should be included on the first can of ,service. The necessary amendments to the agreements should be prepared to add an administrative fee and finally, staff was directed to develop rate resolutions which provide for a 12.5% decrease in the basic disposal component. Mr. Ambrose indicated that staff will report back with the impacts on rates if the Council eliminates the mandatory garbage service. Rates will be affected. . . . . OTHER BUSINESS Cancellation of City Council Meetinq (610-10) Mayor Snyder suggested and the council concurred that the regular city council meeting of December 28, 1992 be cancelled. . . . . Tri-Vallev Joint council Meetinq (140-80) Mr. Ambrose announced that the city had Pleasanton who will be hosting the next meeting on Thursday, February 25, 1993. put the date on their calendars. . . . . received a memo from Tri-Valley Joint council The council was requested to Sexual Harassment Training Sessions (710-80) Mr. Ambrose reminded the Council that the city is putting on Sexual Harassment training sessions. Mayor Snyder stated he attended a session and highly recommended that everyone attend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 432 Regular Meeting December 14, 1992 e e Firearms Ordinance (585-80) Cm. Moffatt asked if anyone was interested in having the firearms ordinance being discussed by the Alameda County Board of Supervisors agendized for discussion. No one expressed any interest. . . . . New BART Director (1060-30) Cm. Moffatt stated he felt the new BART Director might have different ideas and asked if the Council would like to invite him to come out and tell the council what they are doing. Cm. Houston stated while he felt it important to talk to him, he needs time to get his feet wet first. This might be a good idea at a later date. . . . . Business Task Force (470-50) Cm. Moffatt questioned if it would be appropriate for the Business Task Force to take a proactive stand on the subject of companies leaving the area such as Hexcel and the Sawmill. Cm. Houston stated he felt a program of recruitment and retention would be wise although there will still be those businesses that leave for whatever reason. Mr. Rankin advised that they are working with the Alameda County Economic Development Advisory Board in contacting certain companies to see how things are going, plus they are providing some leads. Hexcel has known for probably a year that they were going to move. They are looking at some kind of a process that will allow us to find out early on when these decisions are made. Cm. Moffatt suggested the formation of an economic development committee for the Tri-Valley area. Mayor Snyder advised that Ron Nahas is trying to put something like this together. . . . . City Sonq (120-50) Mayor Snyder asked if there was any interest in having a city song. The Council discussed the lengthy and sometimes difficult process they go through when subjective things like this are brought up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 11 - 433 Regular Meeting December 14, 1992 . . Members of the council suggested that perhaps a contest would be appropriate. Mayor Snyder advised that the person who wrote songs for the cities of Livermore, Union city and Fremont has expressed a desire to write one for Dublin. There would be no costs involved. . . . . Cm. Hward left the meeting and was not present at the closed session. CLOSED SESSION At 12:20 a.m., the council recessed to a closed executive session to discuss: personnel (700-20), GC Section 54957.6; pending Litigation (640-30), city of Dublin vs. Corallo, Alameda County Superior Court #V-003788-6, GC Section 54956.8 & .9; and potential Litigation (640-30), GC section 54956.9(c). . . . . ADJOURNMENT There being no further business to come before the council, the meeting was adjourned at 1:20 a.m. . . . . Mayor ATTEST: city Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 11 - 434 December 14, 1992 Regular Meeting . . CLOSED SESSION MEETING - Januarv 6. 1993 A special closed session meeting of the Dublin city council was held on Wednesday, January 6, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 2:00 p.m., by Mayor Snyder. . . . . ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. . . . . eLOSED SESSION The Council immediately recessed to a closed executive session to discuss Potential Litigation (640-30), in accordance with Government Code Section 54956.9(c). . . . . ADJOURNMENT There being no further business to come before the council, the meeting was adjourned at 3:15 p.m. . . . . Mayor ATTEST: City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 1 elosed Session Meeting January 6, 1993