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HomeMy WebLinkAboutItem 4.01 Draft Minutes 04-11-1994 (2) e e REGULAR MEETING - ADril 11. 1994 A regular meeting of the City Council of the city of Dublin was held on Monday, April 11, 1994, 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 Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * PROCLAMATION (610-50) Mayor Snyder read a proclamation declaring April 1994 as California Earthquake Preparedness Month and encouraged all citizens to enhance their knowledge and awareness of proper safety measures to follow before, during and after an earthquake. * * * * CUSTOMER SERVICE AWARD FOR MONTH OF APRIL (150-90) City Manager Ambrose presented the April Customer Service Award to Ralph Kachadourian, Associate Planner. * * * * RECYCLING WINNERS FOR MONTH OF FEBRUARY (810-60) Mayor Snyder announced the recycling contest winners whose names were drawn by the City Clerk for the month of February. Savings Bonds were or will be presented to: Earl Brizee, Rhonda st. Clair, Ray Brightman, Thomas Eitzel and Terry Schullerts. * * * * APPOINTMENT OF TENANT COMMISSIONERS TO DUBLIN HOUSING AUTHORITY (110-30) Mayor Snyder announced his recommendation that Peggy Taylor be reappointed to a new term on the Dublin Housing Authority, and that Rodney Jordan be appointed to fill the vacancy created as a result of Christopher Estes' resignation. Both terms would end on May 31, 1995. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 107 Regular Meeting April 11, 1994 -------------------------------~-------------------------------.------- COPIES TO: e - Ms. Taylor would satisfy the requirement that one Tenant commissioner be over the age of 62. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 29 - 94 APPOINTING TENANT eOMMISSIONERS TO THE DUBLIN HOUSING AUTHORITY TO TERMS EXPIRING MAY 31, 1995 (PEGGY TAYLOR & RODNEY JORDAN) * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the council took the following actions: Approved Minutes of Regular Meeting of March 14, 1994; Approved a $500 payment by the city to help underwrite the Chamber of Commerce community map project (130-30); Received an informational report on the status of the BART short-term loan. BART originally advanced $1.224 million to the city on a short- term basis. The Alameda County Surplus property Authority has guaranteed the repayment of the advance with accrued interest if specified funding sources are not available to the City (1060-30); Received the City Treasurer's Investment Report as of March 31, 1994 (320-30); Adopted RESOLUTION NO. 30 - 94 AWARDING eONTRACT 94-02 (600-30) 1993-94 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM TO WAYNE E. SWISHER, eEMENT CONTRAeTOR, INe. ($23,400.90) and authorized the Mayor to execute the Agreement; Adopted RESOLUTION NO. 31 - 94 AMENDING THE CLASSIFIeATION PLAN (700-20) JOB DESCRIPTION REVISED (ADA) - ASSOCIATE PLANNER Adopted RESOLUTION NO. 32 - 94 APPROVING AN AGREEMENT WITH TJKM FOR TRAFFIC ENGINEERING SERVleEs DOWNTOWN DUBLIN TRAFFIC IMPAeT FEE STUDY (600-30) *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 108 Regular Meeting April 11, 1994 e e and appropriated funds from Developer contributions Fund 300 to pay for the cost of the TIF study. The Air Quality work is already budgeted in the current Capital Improvement Program. Approved Warrant Register in the amount of $701,474.12 (300-40). * * * * PARTIeIPATION IN PLEASANTON'S 100 YEAR ANNIVERSARY PARADE (610-85) Management Assistant Barker advised that the city had received correspondence from Ben Tarver and Brad Hirst inviting neighboring jurisdictions to participate in a "100 Years of Good Times" parade on Saturday, June 18, 1994. Entries must include the type of vehicle that will be used in the parade. Cm. Burton stated he felt the council should participate and do something creative. They could try to get 5 convertibles, or the Chamber of Commerce has a float. Cm. Houston asked if there is a fee. Mr. Barker stated he did not think there was a fee. Mayor Snyder suggested that Staff advise the appropriate people that the Council is interested in participating and they can work together to find something appropriate. Cm. Houston suggested borrowing the Wells Fargo stagecoach. * * * * REQUEST FROM eALIFORNIA LIBRARY ASSOCIATION TO SUPPORT SB 1448 (ROBERTI) RELATED TO LIBRARY BENEFIT ASSESSMENT DISTRIeTS (660-40) Management Assistant Barker advised that under SB 1448, a local agency may establish a benefit assessment district. The bill provides flexibility for local agencies to set their own assessment amounts based on local needs. The funds would be restricted for library use only and assessments may be used for any pUblic library service or facility costs. Mr. Barker advised that the Alameda County Library system has, in the past, relied heavily on property taxes for most of its entire budget and with the current shift of property taxes from local government to the state, this legislation could provide a much needed revenue source for the library. Cm. Houston asked if this will make it so that it has to go to a vote and mandatory election. Mr. Ambrose responded yes, but currently they can't have an assessment for library services and the provisions of this bill is to require a 50% + 1 vote. , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 109 Regular Meeting April 11, 1994 e e Cm. Houston stated he is on the county Library Commission and the Alameda County Library Board is working on having a special tax on the November 1994 ballot. The Council discussed the protest procedure and it was clarified that if there is less than a 50% protest, you still have to vote on it, but if more than a 50% protest, you can't proceed to a vote and the whole thing dies. Cm. Burton questioned if this is all the money the libraries will get or if they will still get their base amounts. Mr. Ambrose advised that libraries are SUbject to the same budget cuts as everyone else. Theoretically, they could get more of their budget cut. Cm. Houston felt that Proposition 172 which extended the half cent sales tax last November is turning into a joke. Nothing is being accomplished and he suspected that this will probably be the same way, even though he stated he would support it. Mayor Snyder discussed the differences between this and Proposition 172. In this, the agency that operates libraries can set assessments to technically meet their needs. em. Houston stated he felt that someday, libraries will be on their own. He was just concerned about how they will be able to keep their portion of the pie. He questioned if there was any provisions in the bill for annual increases or cost of living, etc. Staff responded that they did not know. It was pointed out that this was addressed in the fact sheet which stated, "The annual assessments cannot exceed the maximum set when the district was formed, except after a public hearing for which notice by publication, posting and mailing has been given." Ms. Silver 'stated while she had not read this bill, the provisions of the Brown Act amendments last year require that if initial assessments are increased pursuant to a formula, you are required to provide a notice to everyone in the city. The time lines and noticing requirements are a part of the Brown Act legislation. Cm. Burton asked if it was based on the number of voters in that particular election. Mr. Ambrose stated yes, it would be 50% of those voting and it depends on the agency levying the assessment. You would look at the number of protests that apply to that particular area. Protests apply to property owners. Cm. Moffatt asked if there would be 2 library districts in the city. Cm. Houston responded that it would be a Countywide situation. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 110 Regular Heeting April 11, 1994 e e On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 33 - 94 SUPPORTING SB 1448 (ROBERTI) REGARDING LIBRARY BENEFIT ASSESSMENT DISTRICTS and directed staff to send a copy to Assemblymember Rainey. * * * * AssoeIATION OF BAY AREA GOVERNMENTS (ABAG) DUES INeREASE AND GENERAL ASSEMBLY BOSINESS MEETING ITEMS (140-10) Assistant to the city Manager Texeira presented the Staff Report and advised that for Fiscal Year 1994-95, the ABAG Budget includes a per capita dues increase of approximately 2.5%, which will result in an increase of $153 ($3,168 to $3,321fyear) for the city of Dublin, based on the current population of 25,853. Ms. Texeira advised that ABAG has asked that the city consider their report on Restructuring Government. The problems California face in terms of the changing economy and evolving society are truly profound. The Dublin city council has previously considered several proposals in which the merits of state and local government restructuring are being debated, including first, a report from the state LegiSlative Analyst entitled, "Making Government Make Sense", followed by a report from the League of California Cities Committee on Local Government Reform. Ms. Texeira discussed both reports and advised that both are considered working documents and both are currently undergoing modifications. Cm. Moffatt asked what the term "revenue neutral" meant. Ms. Texeira stated it meant that revenues would offset expenses. Cm. Burton stated the thread that he sawall through this was to broaden the tax base. He did not see any mention of user fees as a concept of raising funds. He felt it important to have users pay a fee rather than raise taxes. One sentence pleased him very much, "Eliminate unfunded mandates, cost shifts and revenue reductions". He questioned the definition of "home rule". Cm. Moffatt stated his definition would be if an agency is involved in providing a service, they should not only be able to keep the money, but it is a no-strings attached type thing. Mayor Snyder advised that the city has an obligation and right to review this proposal and modify it if they wish. ABAG is still working on AB 398 which is being carried by Valerie Brown. , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 111 Regular Meeting April 11, 1994 e e em. Burton felt that while most of this sounds nice, there is nothing to make it happen. Mayor Snyder advised that it is a way to begin legislation. Mr. Ambrose stated AB 3505 would change the formula to allow you to keep your sales base, but in the future, it would have a significant impact. He discussed the concept of cash box zoning. em. Burton felt unfunded mandates should be eliminated. We should improve the existing tax system and he favored including the user fee concept and did not think we should reconsider Proposition 13. em. Houston felt the governing principles all sounded great, but they need to see in detail what they all mean. He was against getting rid of the 2/3 vote requirement and we should not get rid of Proposition 13. Cm. Howard stated she thought we should keep the 2/3 vote requirement and also keep Proposition 13. Mayor Snyder advised that some of the thinking about proposition 13 meant that it should be looked at, because it ties the hands of many levels of government. It would take a constitutional revision to modify it. em. Houston stated he was against the idea presented in the LOCC report to tie revenue to the economy using broad-based taxes. This is not something that would be good for the city of Dublin. em. Burton felt it was the job of the Council to protect the businesses in the community. Mr. Ambrose advised that the only way it could work would be if they provide another source of guaranteed income. Cm. Houston stated whatever the rules are, people will modify them to their benefit; this is human nature. em. Moffatt felt if residents pay for something, they should get it. If a resident uses something they should pay. The trend is now to get away from sales tax and go toward property tax. On motion of Cm. Burton, seconded by em. Houston, and by unanimous vote, the Council agreed to accept the dues increase. em. Burton felt with regard to direction to Cm. Moffatt, he should convey that the City council supports the governing principles listed A through E in the report; would encourage user fees; was against reconsidering Proposition 13; and also was against replacing the 2/3 vote requirement. Cm. Burton also brought up the fact that we don't charge sales tax on services or labor and this might be a good revenue source. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 112 Regular Meeting April 11, 1994 e e Cm. Houston felt that since taxes on services was not included in the report, it should be left alone. Mayor Snyder summarized that Cm. Moffatt had heard the comments of the council and will convey appropriate discussion of the city's position. * * * * DUBLIN FINE ARTS FOUNDATION PROPOSAL TO PLAeE PERMANENT WORK OF ART IN THE eIVIe eENTER COURTYARD (900-50) Mayor snyder announced that he would not participate in the discussion and/or action on this item due to a conflict of interest. Recreation Director Lowart advised that DFA proposes to place a life- size ceramic figure of a woman seated on one of the benches and reading a book in the inner courtyard of the Dublin civic Center on a permanent basis. The figure, entitled "Gail" would be created by Katherine Keefer, who exhibited her work in Dublin as part of the "Whimsy or What?" temporary sculpture exhibition in 1992. Ms. Lowart advised that there could potentially be undetermined staff and maintenance costs associated with the coordination of the installation of the artwork. Cm. Moffatt pointed out that Katherine Keefer is a graduate of Washington state University, so she must be okay. Lynne Baer showed slides of some of Ms. Keefer's other works. It will cost DFA about $1,200 for the artwork, which they feel is very reasonable. They have several private sources who will provide the funding. Cm. Moffatt stated he felt DFA had done absolute wonders around the community. Ms. Baer stated she had been working on displaying the decorated reCYCling bags in the Civic Center lobby display cases. The bags will be sold at a silent auction. On May 12th, they will have a reception and final bids may be submitted. They will also be dedicating the additional wall tiles which were recently installed. Also, the "500 Reasons to Recycle" program was on display in the plaza area. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder abstained), the council authorized DFA to move forward with the project and directed staff to prepare an agreement between DFA, the artist and the city for approval by the City council at a future meeting. * * * * I *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 113 Regular Meeting April 11, 1994 e e CITY eOUNeIL MEETING TIME (610-20) Assistant to the city Manager Texeira advised that as a result of a January request by Cm. Houston, staff was directed to survey residents with regard to the preferred starting time of city council meetings. A total of .10,000 surveys were mailed with the 1994 spring Recreation brochure. Of the 165 Dublin residents who responded, 52 favored the current starting time of 7:30 p.m.; 51 favored a 7:00 p.m. starting time; 22 favored a 6:30 p.m. starting time; and a combined total of 40 either indicated no preference or favored other starting times. Cm. Houston stated because 68% did not vote for a 7:30 p.m. starting time, he made a motion to begin the meetings at 6:30 p.m. This motion received no second. Cm. Burton stated he felt if it ain't broke, don't try to fix it. He did not feel it was necessary to change the time since it would tend to confuse published literature and everything else. em. Burton made a motion which was seconded by Mayor Snyder to leave the starting time at 7:30 p.m. Cm. Houston made a substitute motion to change the time to 7:00 p.m. Again, this motion received no second. On motion of Cm. Burton, seconded by Mayor Snyder, and by majority vote, the Council agreed to leave the meeting time at 7:30 p.m. em. Houston voted NO on this motion. Mayor Snyder stated using em. Houston's logic, it should be pointed out that 57% of the people in the country did not vote for Bill Clinton. * * * * ACCEPTANeE OF GIFTS TO CITY (150-70) Recreation Director Lowart advised that the city had recently received several donations as a result of fund raisers and also cash donations. Rebecca Toulouse donated $219.59, the proceeds of a preschool Tupperware sale and Jerry Bush of Lucky Pizza donated $85, which represented the proceeds from a Pizza Night fundraiser. A donation of $20 was received from the Taugher family. A total of $1,880 was raised by participants in the City's Youth Sports Basketball League sale of 'Gold C' coupon books for end-of-the- season participant awards. Gentile Enterprises, a local photographer, donated $150 and miscellaneous donations of $194.50 were received. em. Burton asked if staff was doing something to promote this as it seems to be picking up momentum. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 114 Regular Meeting April 11, 1994 e e Ms. Lowart stated typically, donations like this come as a result of a group identifying things they want that are not in the budget and then they hold fundraisers and/or people donate items and/or money to get the items. Mr. Ambrose stated with regard to the youth sports program, parents expressed a desire to recognize the youth and they really got behind it and raised money. It is self-motivational and every child that participated got a trophy. On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous vote, the Council accepted the gifts and directed staff to prepare formal acknowledgments to the donors. The Council authorized additional appropriations from contributions from Others as follows: Preschool Contract Services ($324.59); Youth sports Operating Supplies ($770.85); and Youth Sports Contract Services ($1,067). * * * * ANNUAL TRAFFIC SAFETY REPORT AND DOWNTOWN INTERSECTION MONITORING REPORT (590-90) Carl Springer with TJKM presented the Staff Report which analyzes the 1993 traffic accident statistics and makes recommendations for any improvements that may be warranted. The Downtown Intersection Monitoring Report discussed levels of service at 5 downtown intersections. He stated they don't just look at the number of accidents, but at the accident rate. Mayor Snyder advised that Carl springer represents the Valley on the Alameda County Transportation Authority. We are fortunate to have someone with Mr. Springer's experience on this committee. As indicated in the report, a total of 244 reported accidents occurred in 1993, 23 of which were injury accidents. There were no fatal accidents. The total number of accidents in 1993 is somewhat higher than the 1992 total and about 4% higher than the average of the 3 previous years, which was 235 accidents; however, the number of injury accidents in 1993 was lower than the 3-year average of 35. The report notes that 6 intersections and 2 street segments were found to have accident rates higher than the State average. These included: Sierra Lane between Dougherty Road and Sierra Court. The reported accidents were all caused by driver error, and there were no recommendations. sierra Court between Trinity Court and sierra Lane. The accidents were caused by driver error, and there were no recommendations. Amador Valley Boulevard/Brighton Drive Intersection. Staff is pursuing trimming bushes at the corner and a recommendation was made to monitor the intersection for an additional year to determine if further sight distance improvements will be necessary. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 115 Regular Meeting April 11, 1994 e e Dublin Boulevard/Village Parkway Intersection. The Dublin Boulevard widening improvements anticipated to be constructed later in 1994 will eliminate the concrete channelizing islands and bring the right turn movement at this intersection under signal control. No further recommendations were made. Dougherty Road/Sierra Lane Intersection. No accident pattern was discernible and since a traffic signal is planned for this intersection later in 1994, no further recommendations were made. San Ramon Road/silvergate Drive Intersection. Accidents were the result of driver error, and no recommendations were made. Dublin Boulevard/San Ramon Road Intersection. No significant accident pattern was discernible and no recommendations were made. Amador Valley Boulevard/San Ramon Road Intersection. No pattern was discernible and no recommendations were made. comparisons of the total intersection peak hour traffic, as well as the Levels of Service (LOS) were made for the 5 downtown intersections locations. San Ramon Road/Amador Valley Boulevard - LOS B; Dublin Boulevard/Regional Street - LOS B; San Ramon Road/Dublin Boulevard - LOS D; Dublin Boulevard/Village Parkway - LOS B; and Dublin Boulevard/ Dougherty Road - LOS C. Cm. Burton stated is was clear to see from the statistics the impacts that neighboring shopping centers are having. Traffic is one of the indicators that we are losing. People should understand that Dublin has to go to the east. Mayor Snyder advised of a concern that crops up every once in a while at the southwest corner of Dublin Boulevard and San Ramon Road. At this corner in front of the Shell Service station, traffic backs up 10 to 12 cars and this takes driveway space away from the station. Maybe there should be a slightly longer phasing of the light at that corner. Mr. springer stated he did not feel longer phasing would be the first choice at that particular intersection, but stated they will take a look and discuss this location at the next Traffic Safety Committee meeting. . * * * OTHER BOSINESS Mr. Ambrose reminded the council of several upcoming meetings/events. * * * * Buildinq Department Services (440-30) Cm. Houston stated he is planning to remodel his kitchen at home and wanted to report that Vic Taugher has been very helpful with the plans. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 116 Regular Meeting April 11, 1994 e e Mr. Ambrose advised that Mr. Taugher had recently done a program for homeowners to obtain information related to home remodeling projects such as this. The people who attended were most appreciative of the information and pointers provided. * * * * East Bav paratransit Entitv (1060-40) Cm. Burton referenced a letter he had received from Tom Vargas, Chair of the LAVTA Board of Directors related to the East Bay Paratransit Entity. Apparently last year a JPA was prepared in cooperation with A C Transit, BART, LAVTA and Union city and it now appears that A C Transit and BART staff have developed a completely new agreement and formed a consortium composed of staff only. Mayor Snyder stated he believes there will be some level of reversal as this action was done without the general knowledge of the Board. Union city feels basically the same way we do. We had an agreement all done with only 2 minor changes and A C Transit came in with a totally new agreement. * * * * Emerqencv Services (520-70) Cm. Burton referenced correspondence received from Steve Barnes, Independent Cities Association related to AB 3156 and AB 3721. It appears that if these pass, home rule would be severely eroded. There was reference to emergency ambulance service and he questioned if the city is addressing this. Mr. Ambrose advised that ambulance service is provided under contract and the issue is being raised by certain segments of the fire community that want to get into the paramedic business. There are things happening in Alameda county and they are in a state of flux. It is a little early to indicate whether this is a good or bad program. Cm. Burton asked if the city belongs to the Independent cities Association. Mr. Ambrose responded that we do not, but he represents the City Manager's Association on a countywide committee which reviews the ambulance service to make sure they meet the County's guidelines. Mr. Ambrose discussed the way ambulance service and trauma units are funded. Response time was also discussed and Mr. Ambrose stated 90% of the calls have to be within 8 minutes. * * * * , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 117 April 11, 1994 Regular Meeting e e Dublin Pride Week (150-80) Mayor Snyder announced that Dublin Pride Week began today. Posters cover the walls of the Regional Meeting Room. There will be an event on Tuesday evening related to aspects of recycling. * * * * CLOSED SESSION At 9:13 p.m., the Council recessed to a closed session to confer with Legal Counsel regarding Pending Litigation (640-30), in accordance with Government Code section 54956.9(a) related to the following cases: a. Butler et.al. vs. city of Dublin, San Mateo Superior Court No. 385533 b. City of Dublin vs. city of Pleasanton, Contra Costa Superior Court No. C93-05746 c. Dublin vs. Dublin Meadows Partners, Golden Eagle Insurance company and JL Construction company, Alameda County superior Court Case No. V-003778-9 d. Dublin vs. Ross, Alameda County superior Court Case No.V-003789-5 e. Brown vs. Dublin, Alameda County Superior court Case No. V-005531-5 And to conduct Public Employee Performance Evaluation (city Attorney 600-30) in accordance with Government Code section 54957 * * * * REPORT ON eLOSED SESSION AeTION city Attorney Silver advised that no action was taken on any of the closed session items. * * * * ADJOURNMENT There being no further business to come before the council, the meeting was adjourned at 9:50 p.m. * * * * Mayor ATTEST: city Clerk , * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ eM - VOL 13 - 118 Regular Meeting April 11, 1994