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HomeMy WebLinkAboutItem 4.01 Draft Minutes 09-13-1993 (2) e e .REGULAR MEETING - September 13. 1993 A regular meeting of the city Council of the city of Dublin was held on Monday, September 13, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Protempore Burton who announced that Mayor Snyder had an emergency situation to deal with and would be late. . . . . ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt. Mayor Snyder arrived at the meeting at 7:40 p.m. ABSENT: None. . * * * PLEDGE OF ALLEGIANCE Mayor Protempore Burton acknowledged the presence of a Boy Scout Troop in the audience and asked if one of them would like to lead. When no one responded, Mayor Protempore Burton led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * CUSTOMER SERVICE AWARD FOR SEPTEMBBR (150-90) City Manager Ambrose presented the September Customer Service Award to Diane Lowart, Recreation Director. * * * . Home Occupation Concerns (450-70) Wayne Masten, an Ardmore Court resident stated he has had problems with a neighbor running an air conditioning and refrigeration business out of his house. He stacks compressors, motor cycles, etc., in his driveway so he is not able to park cars there. This creates another problem because there is limited parking on Ardmore Court because it is a cul-de-sac. He has been to the Police Department and took videos of the situation. The man who lives there has a number of small children and they run at will allover the place. He was concerned because the guy also has 2 teenagers that come racing out of the court and he felt the children are in danger. He went to the Planning Department with the problem 5 or 6 months ago and filled out the forms outlining clear violations. He questioned the business license status and asked if they are allowed to run this type of business out of their garage. They play musical chairs with the Police Department in moving their cars every 72 hours. He has been to the Police Chief and also to Mr. Ambrose. He requested that the city Council look into this situation. Mr. Masten advised that this was his first chance to compliment the City of Dublin on the wonderful job that had been done since Cityhood. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 345 Reqular Meeting september 13, 1993 ---------------------------------------------------------------------- COPIES TO: e e city Manager Ambrose stated he had known Mr. Masten since this was first brought to his attention in 1991 when there were complaints about inoperable vehicles. The city has 3 basic tools to deal with situations such as this: 1) the vehicle abatement procedures; 2) home occupation permit under certain circumstances; and 3) the property maintenance ordinance. The largest problem is the old appliances and building materials have to be out for an unreasonable amount of time. We have to notify them and then they comply and then later the problem comes back again. This situation is being regularly monitored. Cm. Houston asked what type of home businesses we prohibit. It seemed to him that this business should be in a~light industrial area. Mr. Ambrose stated part of the problem is we understand he is not actually doing repairs on the site. The home occupation permit is for an office. Planning Director Tong stated the Zoning Enforcement Officer needs to collect the documentation in order to correct the business violations of the ordinance. At this point, he has only had limited success. Cm. Howard asked if it would be possible to say after so many warnings, we should be able to revoke his license. Mr. Ambrose clarified that they are discussing 2 separate issues: the business license and the home occupation permit. Mr. Masten stated he has tried to talk to the man. This is a nice area and he hates to see it become like a junkyard. Mayor Protempore Burton asked if any personal contact had been rebuffed. Mr. Masten advised that the man's son threatened him for taking pictures and told him if he lived in Oakland, he would be "dusted off". Mr. Ambrose advised that city staff has been doing what it can, and will continue, but this is not SOlving the problem. Mr. Masten stated one suggestion was to have the Fire Department take a look at this from a safety standpoint. Chief Rose advised that the Police Department continues to monitor the problem since it has been brought to their attention. They have written at least 5 citations in the last few months. Most of the homeowners have 3 to 5 cars and this becomes a problem. Mayor Protempore Burton suggested that staff send a letter acknowledging that this has been brought to the city council's attention and the city hopes they will correct the problem so that it doesn't involve the neighbors so much. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 346 Regular Meeting september 13, 1993 e e Cm. Howard questioned what happens if they violate the home occupation permit. Mr. Tong advised that violations would be handled similar to a zoning violation. Our procedures are to visit the site and discuss the violations with them and discuss corrections. If they fail to correct it, we issue a warning notice and then it would go to a citation. Cm. Howard expressed concern because Staff can do this over and over. Mr. Ambrose stated the council can modify the ordinance. Cm. Houston discussed the possibility of after 5 violations, they couldn't apply for another permit for 2 years or something like this. city Attorney Silver stated she saw no problem with amending the ordinance to provide for this should the Council so desire. Mayor Protempore Burton summarized that Staff should review this regarding enforcement so that if there is repeated violations, there is some kind of recourse for the city. . * * * state Sales Tax Ballot Measure-Impact on city's Budget (660-40) Frank Ruskey stated he had brought up the subject of the ~9 sales tax a month or two ago. The general consensus is people he talks to don't know if they want to vote for this or not. If it passes, he questioned what the city will be doing with the money. Crime is up over 80% from last year. He would support this if the money remains here in the city and if it will be used for services such as police or library. The city council should come up with how this will benefit Dublin. He hoped that sometime between now and November, the City will tell the people what it will be used for. Mayor Snyder advised that this was placed on the ballot by the legislature at the behest of the Governor. It was his understanding that it has to be used for public safety. He advised that city Manager Ambrose has had some major discussions with the County regarding what services will be reduced if the sales tax extension does not pass. Mr. Ambrose advised that a schedule is being prepared for presentation by certain elected County officials on the proposition 172 ~9 Sales Tax. Dublin is a little unique with the sales tax reimbursement of the property tax shift because we incorporated after 1979. This particular year we fell through the cracks. He invited Mr. Ruskey to attend this presentation which will be at the next city council meeting or the one following. Mr. Ruskey stated beneficial to the promised he would can be gotten out . . . . . . . . . he felt that one way or another it will be very city of Dublin. We have to let people know. He let the newspapers know of this so the information to the public. . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 347 Regular Meeting September 13, 1993 e e Mr. Ambrose stated we will not get any of the money directly, but what may impact us is the possible cutting of services such as the District Attorney would stop prosecuting certain crimes in Dublin. What concerns us is the public safety system as a whole. If you don't charge them and book them, it doesn't do any good to hire more officers to arrest them. We also have to have jails to accommodate them. * * * * East Dublin GPA (420-30) Al Hunter, a new Dublin resident, stated~he found it unbelievable that the Pleasanton city Council now finds adverse affects with our Eastern Dublin Plan. This was not a concern when they developed Hacienda Business Park. While he does agree with some of their concerns, he felt we need to expand our tax base to improve the quality of life for all. It is difficult to think of this, however, when you are sitting in traffic. He felt it is important to look at what attracts people to this valley. He believes we can grow and still enjoy the benefits this area has to offer. Hopefully, people who discover this area in 20 years will find the same benefits. Any plan which does not address the regional issues is lacking. What seems to be missing is vision; not just in DUblin, but in the entire valley. We need to work together to resolve these issues. We have a unique opportunity to avoid mistakes made in the past. All the elected officials should unite. Cm. Moffatt pointed out that he is a member of the Tri-Valley Transportation Committee and they are working right now on a traffic model which hopefully avoids some of the problems and develops some solutions. They are very concerned and have been working on this for 2 or 3 years. He invited Mr. Hunter to attend some of these meetings which are held on the third Wednesday of the month at the Pleasanton Library. Mr. Hunter again stated he just couldn't believe the lawsuit. Cm. Burton advised that everyone has struggled with these issues. Dublin's plan is a major plan which was developed to avoid a piecemeal approach. Dublin officials had to look at the big picture. * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by em. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of August 23, 1993; Received an annual report of developer deposits held for construction of public improvements pursuant to Government Code section 66001 (AB 1600) (390-20); Approved Warrant Register in the amount of $920,321.04 (300-40); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 348 Reqular Meeting September 13, 1993 e e Cm. Houston requested that the city Treasurer's Investment Report be pulled from the Consent Calendar for discussion. At the last meeting, he asked for some further diversifications. He questioned who seeks the investments and who Staff will be soliciting, and in general, how the process takes place. Mr. Ambrose advised that Staff has certain publications that tie into the investment market and we have people who call us. The public sector doesn't have all the investment options available to the private sector. We placed $900,000 in other instruments thus far in September which would not yet show on the investment report. Mr. Rankin stated Staff uses a couple of sources. One source is Bank of California which has an active trading desk. We also get pUblica- tions on certificates of deposit. Some of the larger institutions don't deal with public monies. Cm. Houston stated he hoped Staff would continue to diversify. On motion of em. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council received the city Treasurer's Investment Report as of August 31, 1993 (320-30). Cm. Burton requested that the item related to the pervious concrete project be pulled from the Consent Calendar for discussion. He stated he smelled some problems with one person setting up another company. When you have a 47% principal of a company going off and submitting a bid, he could see some problems in the future and thought it may be more trouble than it's worth. Public Works Director Thompson stated there have been several successful bids in the area submitted by Mr. Harris. What we have to be concerned about is collusion. He has a separate company and both principles said they are not talking to each other. Mr. Harris has done a lot of jobs as Ambo here in the city. Cm. Burton asked if Mr. Thompson was comfortable in talking to each side. He asked who has the equipment. Mr. Thompson advised that this is a small job and the contractor could rent equipment. He felt this was more of a personal fight. city Attorney Silver advised that she had reviewed the clause that there is no collusion, and reminded that this is a bonded contract. On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 105 - 93 AWARDING CONTRACT 93-11, PERVIOUS CONCRETE PROJECT TO HARRIS & HARRIS CONSTRUCTION $25,906.42 (600-30) and authorized the Mayor to execute the Agreement; * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 349 Regular Meeting September 13, 1993 e e PUBLIC HEARING - ORDINANCE AMENDING/REPEALING MUNICIPAL CODE SECTIONS RELATED TO TRAFFIC (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this proposed ordinance would change the procedure for approval of turning movement restrictions and broaden the definition of a time- limited "green" parking zone. The intent of the proposed changes is to simplify procedures where public hearings are typically not necessary and therefore save time for the city Council, Staff and the general public. Also, these changes will allow Staff to correct hazardous conditions in a shorter period of time. Dublin Municipal Code sections 6.04.030 and 6.04.050 relate to turning movements, and Section 6.04.290(D) relates to green curb markings. Cm. Moffatt asked if a citizen has a problem with a Staff decision will there be a period for a hearing. Mr. Thompson stated it was his understanding that all Staff decisions can be appealed. No testimony was given by any member 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 INTRODUCED the Ordinance. * * . . PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 7.04 OF MUNICIPAL CODE RELATED TO CLOSURE OF HAZARDOUS DRIVEWAYS (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this proposed ordinance would allow the city to require closure of a hazardous driveway. The ordinance specifies that city council approval would be required for any action to be taken, that other access to the site be available or provided, and that costs be borne by the City. section 7.04.405 of the Dublin Municipal Code would be amended to incorporate these changes. Examples of. situations which may fall under the proposed ordinance include driveways which are too close to an intersection, driveways located on a sharp curve, or driveways which cause a traffic hazard that is not correctable by other means. Cm. Burton inquired about how the process would work and if it would be through eminent domain. Ms. Silver stated it is not a question of taking the property. It is a matter of safety in situations that the Traffic Engineer deems as a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 350 Regular Meeting September 13, 1993 e e traffic hazard. This ordinance would allow the city to move access. There is no question of compensation or condemnation. She doubted this would occur in a residential area. It would more likely occur in a commercial area. Mr. Ambrose pointed out that this would still require a public hearing, but it would simplify the process. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the pUblic hearing. ~ On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council waived the reading and INTRODUCED the ordinance. . * * * PUBLIC BEARING - REQUEST FOR VARIANCE TO SECTION 3802(J) OF BUILDING CODE (450-40) Mayor Snyder opened the pUblic hearing. Acting Building Official Bill Anderson advised that the building at 7410 Amador Valley Boulevard contains 6,258 square feet and is presently occupied by 2 restaurants and the Dublin veterinary Hospital. At the rear corner of the space occupied by the veterinary hospital, there is a recessed 6' x 7' covered entry. The owner proposes to enclose the entry by constructing 2 walls which will extend from the foundation to the beams supporting the roof over the entry. Mr. Anderson explained that section 3802(d) of the Building code provides that automatic fire sprinklers be provided whenever a new building exceeds 5,000 square feet. Section 3802(j) provides that whenever an existing building is enlarged and the building plus addition exceeds 5,000 square feet, automatic fire sprinklers must be installed throughout the building. The estimated costs for sprinklers is $24,000 and the owner is requesting a variance to permit the addition without installing fire sprinklers. Mr. Anderson advised that in order to grant the requested variance, the Council must find that: 1) the variance is consistent with the purpose of the code; and 2) the variance will not lessen the protection to the people or property within the city. In this case, the floor area is being increased by 42 square feet, but there is no increase in roof area, thus the increased risk from fire is minimal. Mr. Anderson summarized that his recommendation was for the council to adopt the resolution granting the variance. No testimony was given by any member of the pUblic relative to this issue. Mayor Snyder closed the pUblic hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 351 Regular Meeting september 13, 1993 e e On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 106 - 93 GRANTING A VARIANCE TO SECTION 3802(J) OF THE DUBLIN BUILDING CODE TO PERMIT A 42 SQUARE FOOT ADDITION TO THE BUILDING AT 7410 AMADOR VALLEY BOULEVARD * * . . PUBLIC HEARING - REVISIONS TO CHAPTER 6.80 OF MUNICIPAL CODE RELATED TO ABATEMENT OF ABANDONED VEHICLES (570-60) Mayor Snyder opened the public hearing. Police Chief Jim Rose advised that in 1991, the city council adopted Ordinance No. 8-91 (Section 6.80 of the Dublin Municipal Code) which set forth the policy and guidelines for the abatement of abandoned vehicles. The City is currently participating in the Alameda County Abandoned Vehicle Abatement Program. The California Highway Patrol oversees this program, and has advised the City that the existing Ordinance must be revised to include "highways" which is defined as a way or place of whatever nature, publicly maintained and open to the use of the pUblic for purposes of vehicular travel. Chief Rose advised that in addition, the CHP has advised that Vehicle Code Section 9250.7, which is cited in the first paragraph of Resolution No. 89-92, which approved the establishment of and city of Dublin participation in the Alameda county Abandoned Vehicle Abatement Authority is incorrect. The correct section is 22710 CVC. em. Moffatt stated the financial statement indicated we will receive $18,000 per year for the next 5 years on this program. He questioned if this comes from the County. Chief Rose advised that it comes through the Department of Motor Vehicles for vehicle registration. Mr. Rankin advised that for many years, the City funded this with General Fund monies. We will also be crediting back the officer time. Mayor Snyder asked if we make an attempt to recover some of these costs from the vehicle owner. Chief Rose stated in most cases, they are just abandoned and are thus usually just scrapped out. No testimony was given by any member of the public relative to this issue. 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 - 352 Reqular Meeting september 13, 1993 e e RESOLUTION NO. 107 - 93 AMENDING RESOLUTION NO. 89-92 WHICH APPROVED THE ESTABLISHMENT OF AND CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT AUTHORITY and waived the reading and INTRODUCED an ordinance amending Chapter 6.80 of the Dublin Municipal Code related to Abatement of Abandoned Vehicles. * * . * FOLLOW UP REPORT ON REQUEST FOR STOP SIGNS ON VILLAGE PARKWAY @ WINEBERRY WAY (590-40) Public Works Director Thompson presented the Staff Report and advised that this is a follow-up to an item that was discussed at the July 26th Council meeting. The report provided additional information regarding warrants for an all-way stop intersection. Mr. Thompson advised that Staff recommended against the installation of stop signs on Village Parkway at wineberry Way because: 1) the intersection appears not to meet warrants for an all-way stop; 2) the intersection is too close to the Davona Drive intersection where stop signs are already installed; and 3) the addition of another stop sign on Village Parkway may cause diversion of some traffic onto Davona Drive as a shortcut to Alcosta Boulevard. Davona Drive is a residential street which includes elementary school frontage. John Wagner stated he appreciates the work that Staff has done on this even though he did not necessarily agree with all the recommendations. The hedge on the south side which is on private property is a big problem. When the Alcosta Mall is developed, this will make traffic even worse. He did not feel that the addition of 1 more stop sign would make people detour onto Davona Drive. The homeowners association will be having a meeting in 1 month and he will bring this up to them. He is on the board and he felt the board may even agree to spend the money to have these put up. Mayor Snyder asked if the hedge on the left is the major problem. Mr. Wagner stated this is only a part of it. He felt we were very fortunate that there have been no accidents at this location. Cm. Moffatt asked if Staff knew if there would be any reconfiguration of the street as a result of the Alcosta project. Mr. Thompson responded that as far as he knew, it will continue to go straight. Mayor Snyder stated he felt we should watch this as the area develops to see if traffic increases there. It is difficult for him to disagree with Staff in light of the low number of vehicles. If you look at the number count, it is hard to believe that anyone has to wait more than 15 to 30 seconds to get out onto Village Parkway. He . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 353 Regular Meeting September 13, 1993 e e would prefer to monitor this situation, but if there is still a site problem, we should look into that. Mr. Thompson advised that we did a study on some other unwarranted stop sign locations and found that about 50% of the people will run them. This causes more of a safety concern than not having the stop signs. Many people will just ignore the stop signs. Cm. Burton stated the problem seems to be the line of sight. We should look at whether there is a problem with the trees lining up and for the sake of safety, we may need to remove a couple of trees. Staff could evaluate what the line of sight problems are. Mr. Thompson advised that Staff contacted people on the south side and they did cut their hedge a couple of feet. Cm. Moffatt stated he was impressed that the homeowners association might be willing to pay for the stop signs. Cm. Burton questioned if we have a right to put up a sign just because they are paying for it. Ms. Silver felt that Staff should look more thoroughly at the city's potential liability. The city has established criteria for when stop signs should be installed, and thus, are in a better position to defend actions brought about as a result of accidents. . * * * STATUS REPORT ON CAMPAIGN CONTRIBUTION LIMITATION ORDINANCE AMENDMENT TO CHANGE DEFINITION OF "ELECTION PERIOD" (630-20) city Attorney Silver stated that in accordance with Council direction, Staff began preparing a proposed amendment to the Campaign Contribution Limitation Ordinance to provide that $300 contributions could be received from a single source every fiscal year. During her research, she concluded that, from a legal standpoint, it would be preferable to include a dollar limitation tied to an election, rather than for a fiscal year. This conclusion is based on court cases which have upheld contribution limitations in Federal elections (whiCh are applied per election) whereas the State limitation (whiCh is applied per fiscal year) has been found invalid. Ms. Silver stated if the city's ordinance is amended to follow the Federal model, the limitation on contributions would apply to the election for a specific office. The question then arises whether the limitation for the office of Mayor (a 2-year term) and the office of Councilmember (a 4-year term) should be the same. If the Council wishes in effect to prohibit contributions in excess of $300 per year, that would translate to a $600 limitation per election for the office of Mayor and a $1,200 limitation per election for the office of Councilmember. Mayor Snyder stated he felt/the $600 and $1,200 figures were adequate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 354 Regular Meeting September 13, 1993 e e Cm. Moffatt asked if a legal situation would be created if they raised both offices to $1,200. Ms. silver advised that the city council could set the dollar limit at whatever they feel is reasonable. With regard to further research on whether the city could totally prohibit contributions during off election periods, she found no case law, but felt that the courts would uphold that we could not prohibit this as it would limit free speech. Cm. Burton questioned how this would be reported and if it would require additional filing forms. city Clerk Keck responded that the state schedules would still have to be completed and the timing would not change. The city's half-sheet form that must accompany each filing would be revised to reflect whatever changes the Council implements. For instance, if the amount of $1,200 is selected, the form would simply state that this amount could not be exceeded during the election period and the person filing the statement would certify that they have complied with the city's local campaign contribution limitation. It was clarified that the entire amount could be collected at one time or it could be broken into increments, and in the case of a Council office, could be collected at a rate of $300 for each of 4 years. It would be up to the individual to keep accurate records to make sure they comply. Cm. Burton suggested a compromise limitation of $1,000 for each of the 2 different offices. Cm. Houston disagreed and stated he felt the intent of the Council several years ago when this was adopted was to establish a $300 limit and felt this was a reasonable figure per year. By a consensus, the Council agreed that the city Attorney should prepare a draft ordinance which would set the election period for the office of Councilmember as being 4 years and the election period for the office of Mayor as being 2 years. Election periods would begin on July 1st of even-numbered election years. For discussion purposes, an amount of $1,000 should be included in the draft ordinance for both offices. staff was directed to schedule a public hearing for the September 27th Council meeting to consider the amendments to the campaign Contribution Limitation Ordinance. * * * . ACCEPTANCE OF GIFT TO CITY (150-70) Police Chief Rose advised that the city had recently received a check from Ms. Dee Goble to be used for one months service charge on the Ilene Misheloff missing person phone line. Cm. Burton stated it should be noted that this person does not live in Dublin. This was a very nice gesture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 355 Regular Meeting september 13, 1993 e e On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the council accepted the gift and directed Staff to prepare a formal acknowledgement to the Ms. Goble. * * * . CERTIFICATION FOR PURPOSES OF CABLE TELEVISION REGULATION (1050-20) Management Assistant Bo Barker advised that the Cable Television Consumer Protection and Competition Act of 1992 allows local governments to implement regulations regUlating rates for basic service tiers and establish customer service standards. The first and most significant step is to determine if the city of Dublin wishes to apply for certification in order to become a regulating agency. If the City does not apply for certification, the FCC will only regulate cable television basic tier rates if the city can show that it is unable to do so. In determining an agency's ability to regulate, the FCC would likely look at the franchise fees received by the agency. Mr. Barker discussed the actions required for certification and associated impacts which were presented in the Staff Report. The decision of whether to seek certification is the first issue requiring action. other issues related to the bill such as fines, refunds and items related to the rate regulation process were not explained in the regulations distributed by FCC. If the Council directs staff to seek certification, a comprehensive report detailing additional issues and adopting regulations would be presented to the Council in the future. Mr. Barker summarized that if the Council determines that the city should become involved in cable television rate regulations, staff should be directed to participate with adjacent cities in the certification process in order to reduce costs of administration. Cm. Burton stated he had received a letter from Michal Houston regarding a breakdown of the rates. He questioned how much say we will have in the future related to rates which have been creeping up. Mr. Barker responded that this remains to be seen. The FCC does nationwide surveys which gives them benchmarks for rates. The actual impact downline is really unknown at this time. Cm. Burton discussed the possibility that 2 or 3 stations would be deleted from the schedule. He asked if we will have a say over this. Mr. Barker stated he thought there might be more of a move to move channels to a premium option or from the basic tier to a satellite tier. FCC will be the regulatory agency on this. Mayor Snyder stated initially, all that we would have the ability to deal with is the basic tier channels. A newspaper article was referenced which stated only about 3% to 4% of Livermore subscribers took the basic tier of service. He questioned if staff had this type of information on Dublin subscribers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 356 Regular Meeting september 13, 1993 e e Mr. Barker responded that he did not. Mr. Rankin stated in discussions with viacom, they had not clearly defined what the basic tier consists of. Mr. Ambrose stated there is no question that there will be an impact on his office. Unfortunately, we are in a Catch 22 situation. If we don't pursue this, we will have people upset because we don't act; if we do, people will be upset because we have to approve rate increases. The pUblic will then view the city as raising their cable tv rates. Cm. Houston expressed concern with all the Staff time and effort that goes into our franchises for waste management and garbage. Do we want to have the same time and effort going into this service; which is a non-essential service. Mayor Snyder felt we don't have anything to lose and we might have something to gain at this point. Cm. Howard questioned where we were with regard to competition with Viacom in the market. Mr.- Barker stated telephone companies are getting into the business and we will probably see some competition, but not for maybe 8 years or so in the future. Mayor Snyder stated according to conversations with Michal Houston, they feel that low line satellite dishes will be available within a year, and this conversation was 4 or 5 months ago. Cm. Burton, who just returned from Norway reported that IBM is getting into the act and working on a project of transmitting with copper wire rather than fibre optics. He met someone on special assignment in Norway who was working on this. It was quite interesting. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council determined that the city should become involved in cable television rate regulation and directed Staff to participate with adjacent cities in the certification process. * * * . OTHER BUSINESS Upcoming Events Reminders (610-85) Mr. Ambrose reminded the Council of the Open House scheduled by AssemblYman Rainey on Tuesday morning, September 14th from 9:30 a.m. to 11:30 a.m. It will be in the upstairs conference room. Mr. Ambrose reminded the Council of the Fire Station Number One Dedication Ceremony scheduled for September 20, 1993 at 6:30 p.m. Mr. Ambrose reminded Cm. Burton, who serves on the city of Dublin and East Bay Regional Park District Liaison Committee, of the meeting scheduled for 2:00 p.m., on September 15th at the Civic Center. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 357 Regular Meeting september 13, 1993 e e Tri-ValleY council Meetinq (140-80) Ms. Keck reminded the Council that Dublin will be hosting the next meeting of the Tri-Valley Council on September 30th at the willow Tree Restaurant. Agenda items need to be submitted as soon as possible as the agendas will be going out later in the week. Cm. Moffatt asked if Danville had submitted something for the agenda related to transportation. Ms. Keck advised that so far, the only items for discussion included the non-smoking legislation and the cable television regulation issue. Mr. Ambrose stated he would contact Danville to obtain information on their agenda item. Cm. Moffatt discussed a report on potential alternatives for more control over traffic in the valley. Four alternatives were listed as well as what will happen if you use these alternatives. He stated the alternatives would be more fully discussed at the Tri-Valley Council meeting. The Tri-valley Transportation council has worked on this for quite sometime and this group is a forum for discussion. . * * . Transportation Matters (1060-10) Cm. Moffatt advised that he had attended a CMA meeting and MTC and ABAG have asked CMA to undertake a joint study to evaluate different approaches and strategies related to land use/transportation. They will hold a symposium in the future. Cm. Houston asked questions related to veto power and also if the tollroad was included in this. Cm. Moffatt stated it could be. It is not listed but it is being studied. * * * * Traffic Safety Enforcement (590-30) Cm. Houston stated he had observed quite a bit lately motorists just going through the stop signs at Amarillo Road & silvergate Drive and also Amarillo Road & Hansen Drive. Now that school is open, this is really dangerous. Chief Rose stated he would direct his Staff to look at these locations. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 358 Reqular Meetinq september 13, 1993 e . JTPA PIC APpointment (110-30) em. Burton advised that he serves on the Private Industry Council (PIC) and the JTPA will be having a citizens advisory group. He questioned if he would automatically be appointed to this. Mayor Snyder stated he thought em. Burton should be appointed to this. We need to be represented and it helps to have someone who knows what's going on. Mr. Ambrose stated he would prepare a letter advising of this appointment. * * * * CLOSED SESSION At 9:46 p.m., the Council recessed to a closed session to discuss: 1) Potential Litigation (Gov't Code section 54956.9(a) (640-30); 2) Pending Litigation, Butler vs. city of Dublin (Gov't Code section 54956.9(a) (640-30); and 3) Personnel (Gov't Code section 54957.6) (720-10). . . . * ADJOORNMENT There being no further business to come before the council, the meeting was adjourned at 12:05 a.m. * * * * Mayor ATTEST: city Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 359 Regular Meeting September 13, 1993