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HomeMy WebLinkAboutItem 4.01 Draft Minutes 09-12-1994 (2) ,::',:;~:'r'}~:~~~~qiJtf{:~::::E!~:;?S~::~,": ~.:. :;,,;;j,:,;,.' , ,"" .'."".','. .,,::.'.' _ _ .~ '?~: ~... ~~~'~~~;,~:;L:~~~(~~:1t~~r{;~~f~lli~~{:;fJlf'I'~~~~!'~~~.~l~)'~:~:~.}.~:.. }::'... ~, .,::';i ;":". ,~,I?"'/!;.~~\:;o<' . ';: ....".,.' . . REGULAR MEETING - September 12, 1994 A regular meeting of the city council of the city of Dublin was held on Monday, September 12, 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 (610-20) The Mayor led the Council, staff and those present in the pledge of allegiance to the flag. * * * * INTRODUCTION OF NEW EMPLOYEE (700-10) Planning Director Tong introduced Tasha Huston, a new Associate Planner who started working for the City of DUblin in August. Tasha has 4 years of planning experience with the cities of Dixon and Paso Robles. She will be working in Advanced Planning. The Council welcomed Tasha aboard. * * * * APPOINTMENT TO PLANNING COMMISSION (110-30) In accordance with the Dublin Municipal Code, Section 2.12.020 (B), "Members shall be appointed to the Planning Commission by the Mayor, sUbject to the approval of the Council," Mayor Snyder has appointed Patrice Geist to fill the vacancy on the Planning Commission for the unexpired portion of Dan Downey's term which expires December 1996. Cm. Houston indicated his surprise that a resume had not been submitted to the Council and requested that the item be tabled until the Council could review Ms. Geist's resume. Ms. Geist introduced herself to the Council and indicated she had a graduate degree in civil engineering from the Illinois Institute of Technology in Chicago. She has been a resident of Dublin for 7 years and has worked in the construction industry for 14 years. " On motion by Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council approved the appointment of Patrice Geist to fill the vacancy on the Planning Commission. Mayor Snyder apologized to the Council for not providing more information on Ms. Geist. * * * * #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 256 Regular Meeting september 12, 1994 ---------------------------------------------------------------------- NO. COPIES TO: . . RECYCLING NEWSPAPERS IN DUBLIN (810-60) Mark Dorazio introduced himself to the Council and indicated he worked for 20/20 Recycling in Dublin. He wanted to set up collection points throughout Dublin for recycling of newspapers. He felt too many newspapers were being thrown away in the regular garbage. He requested to be placed on a future agenda because he felt the Council could take action either by resolution or by ordinance in allowing him to set-up newspaper collection points throughout the city of Dublin. He gave each Councilmember a copy of a letter that introduced himself and offered to set-up newspaper collection points at no cost to the city. Mayor Snyder directed Mr. Dorazio to work with staff on the details of his plan. Mr. Ambrose indicated that depending upon the proposal, Mr. Dorazio may only need a land use permit to set-up a newspaper collection point that is processed by the Planning Department Staff. Cm. Burton felt it was a good objective and he hoped he would be able to get something started in Dublin. * * * * CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of August 22, 1994; Adopted RESOLUTION NO. 90 - 94 AWARDING CONTRACT 94-06 ANNUAL STREET SLURRY SEAL PROGRAM TO VALLEY SLURRY SEAL eo. (600-30) and authorized Mayor to execute agreement. Adopted RESOLUTION NO. 91 -94 AMENDING RESOLUTION NO. 142-90 ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM eOMPETITIVE SERVICE & PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS (700-20) Authorized Staff to advertise for bids for Dougherty Road/Sierra Lane Traffic Signal, Contract 94-04 (600-30); Authorized Staff to distribute the Cabling Bid to qualified vendors. (600-30); Approved Warrant Register in/the amount of $600,445.60 (300-40). #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 257 Regular Meeting' september 12, 1994 . . Cm. Houston requested that Item 4.5 regarding the Budget Change Forms be pulled from the Consent calendar. He asked if the budget adjustment to engineering in Item #2 with a budget transfer of $41,243 was similar to the Village Parkway project where it is a bookkeeping thing and next year there would be a surplus which would balance out. Mr. Ambrose responded that it was important to note where the money came from. There is a budgeted contingent reserve which is actually part of the adopted Budget. This action was not increasing appropriations for 1993-94, but he cautioned that budgeting of engineering costs is tricky. There are a number of different funds that the city budgets engineering costs for. One of the major funds is the Capital Improvement Fund. If the projects stay on schedule, those engineering costs can be allocated to those Capital Projects. But if the project such as Dublin Boulevard gets waylaid by MTC for a number of months, the City is not able to allocate any Engineering time towards that project, so that engineering time was allocated towards other General Fund Engineering functions. The people were still here and still on the payroll and they were working on General Fund projects, as well as Capital Projects. staff tries to estimate where the time is spent. Cm. Houston asked if the costs would be reimbursed by future grants or monies. Mr. Ambrose responded no. The total engineering budget is pretty close to what had been budgeted. It was the General Fund that ran into trouble because the allocation of Capital project Funds was higher than actually occurred during the year mainly due to the Dublin Boulevard Project. Cm. Houston asked if even though there was a contingent Reserve, it went over budget. Mr. Rankin responded that when the Council adopts the budget for the General Fund, it is delegated to different funds. But the city Manager is not authorized to move funds between departments. The Council adopts a budget for Contingent Reserve, but Staff cannot move funds without authorization of the Council. Funds are being moved from the Contingent Reserve to the funds that cover the actual engineering costs. Cm. Houston indicated he understood the Contingent Reserve part, but he was concerned with going over the Budget. In the case of the village Parkway Project, the city added additional funds for this fiscal year with the anticipation that the overlay project would be reduced in the next fiscal year so it would all balance out. But in this case, it was not balancing out. Mr. Ambrose stated the Engineering Budget is spread to a number of different funds and not just the General Fund. In one particular fund, Capital Projects, we are way under and in the other fund, General Fund, we are over. em. Houston asked if in the case of the annual street overlay, the budget was over $168,844. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 258 Regular Meeting september 12, 1994 . . Mr. Ambrose indicated the budget was way under in the street Maintenance Fund. Monies were coming from the Contract Service street Repair account for $142,000. What happens on a typical annual overlay project, Staff budgets a portion of the project when the patching is being done, prior to the overlay in the street Maintenance account in the Operating Budget. The Capital portion which is the overlay portion is from the Capital Project. In this particular case, village Parkway Project actually turned into a reconstruction job, not an overlay. So the funds were all shown in Capital Project Fund because of the change in the nature of the project. It was no longer a maintenance project. The monies were not spent in the street Maintenance Budget. There was $142,000 that was not spent in Street Maintenance in FY 93-94. So monies are being shifted over to balance out the account. It depends on the source of funds, how they are accounted for, and how they appear on the annual gas tax report from the state Controller's Office. Whether it is a construction project or a maintenance project is how it is allocated, but as to the total, it is exactly in accordance with what was explained to the Council earlier in the year. Cm. Houston asked if in the next fiscal year, there would not be the large amount, but instead it would be scaled back. Mr. Ambrose indicated the Council had already adopted a budget that had scaled back the amount. Staff would provide Council with a report of the total engineering costs so the Council could see that the total amount the Council adopted for engineering was wi thin budget. Staff wanted to offset Staff costs as much as possible with special revenue funds and not with discretionary funds. More discretionary funds than anticipated were used last year, but there were less special revenue funds to use. On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to execute the Budget Change Forms and directed staff to make the appropriate adjustments to the City'S Financial Records (330-20). * * * * HERITAGE eENTER CEREMONIAL EVENT (295-30) The City received an invitation from the Dublin Historical Preservation Association (DHPA) to participate in a ceremonial event to turn over the keys from the Heritage Center to the City. The event is being organized by DHPA and scheduled for Sunday, October 16, 1994 from 1:00 p.m. to 5:00 p.m. The tentative schedule of events included a tour of the Museum at Murray Schoolhouse and viewing Old St. Raymond's Church; a BBQ Lunch prepared by the Clampers at a cost of $5.00; performances by the Dublin High School Band & Color Guard and the Clampers Brass Band; Readings of the history of Dublin Cemetery, Old Murray School and Old st. Raymond's Church; and presentation of llKeyll to the Mayor and city Council. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 259 Regular Meeting september 12, 1994 . . DHPA asked for city support in printing promotional flyers, purchasing and installing a banner on San Ramon Road, allowing Old st. Raymond's doors to be opened so people can view the Church, and displaying renovation plans for the Church and Schoolhouse. The estimated cost to the city would be $875. There are sufficient funds available in the Heritage Center Budget. Cm. Moffatt asked who would make up the banner. Tom McCormick, President of the Dublin Historical Preservation Association, indicated Georgean Vonheeder would be responsible. Cm. Moffatt asked to whom the banner would belong. Mr. Mccormick responded that it would belong to the city. Cm. Moffatt asked about a work party to clean-up the church. Mr. McCormick indicated the work party would be volunteers. would only have the front and back doors open for viewing. be a barrier so people could only look into the church. The church There would Cm. Moffatt suggested that the shutters also be opened to provide light. Cm. Burton appreciated how fast the response to this request has been. He felt this celebration would be a highlight of the year and he appreciated what DHPA has done to put it all together. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the request from DHPA to participate in and support the proposed special event on October 16, 1994 with an estimated cost to the city of $875 for printing and for the banner. Mr. McCormick commended Dave Burton. The celebration was really his idea. DHPA is more than happy to work with him and he should be commended for his efforts to make this event happen. * * * * FOUNDATION FOR THE ARTS IN ALAMEDA COUNTY (900-70) The City received a request from the Alameda County Art Commission to support the Foundation for the Arts in Alameda county by having the Mayor send a letter to the Alameda County Board of Supervisors expressing support for designating the Foundation as the 7th charity federation in Alameda County's annual combined charity campaign. As a designated charity federation in Alameda County's Combined Charities campaign, over 10,000 Alameda County employees will have the opportunity to designate the Foundation as a recipient for charitable donations. Funds raised would be used in conjunction with other ARTSFUND contributions to make grants to arts organizations throughout Alameda county. The Dublin Fine Arts Foundation has received grants on an annual basis from the Alameda County Art Commission. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 260 Regular Meeting September 12, 1994 . . Cm. Burton asked if it would affect Dublin Fine Arts Foundation in any way. Ms. Lowart indicated supporting the Foundation for the Arts would allow more money available for everyone so DFA could benefit from the council's support. On a motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council approved the request from the Alameda county Art commission to support designating the Foundation for the Arts in Alameda County as a charity federation in Alameda County's annual Combined Charity Program and directed staff to execute a letter for the Mayor's signature indicating the Council's support. * * * * PUBLIe HEARING - AMENDMENT TO DUBLIN MUNICIPAL eODE eHAPTER 5.108 RELATED TO TRIP REDUCTION ORDINANeE (590-80) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the staff Report and advised that this was the second reading of a proposed ordinance that was introduced at the August 22, 1994 City council meeting. The passage of Proposition 111 by California voters in 1990 resulted in sweeping changes in transportation planning and established a State mandated congestion Management Program (CMP). Alameda County and the cities within the County formed the Alameda County Congestion Management Agency (CMA) and adopted a Congestion Management Program in October 1991. One of the key components of this CMP is implementation of trip reduction and travel demand strategies, which include the adoption of a Trip Reduction Ordinance (TRO) by each jurisdiction within Alameda County. The city of Dublin adopted its TRO on June 22, 1992 with Ordinance No. 10-92 (Municipal Code Chapter 5.108). After the Bay Area Air Quality Management District (BAAQMD) adopted its own TRO, Dublin was given the option of continuing to enforce its own TRO after June 30, 1994 or modifying Dublin's Ordinance to allow the BAAQMD to administer the BAAQMD Ordinance within the city of Dublin. The City Attorney has recommended that Dublin's existing Ordinance be repealed and that the BAAQMD Ordinance be adopted by reference. The enforcement responsibility for the Ordinance will lie with BAAQMD and not with the city of Dublin. But the City of Dublin is still responsible under CMA regulations to make sure some type of TRO program is in effect. Cm. Burton asked if anything had changed since the last pUblic hearing. Mr. Thompson indicated no. No testimony was given by any member of the public relative to this issue. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 261 Regular Meeting september 12, 1994 . . Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council adopted ORDINANCE NO. 7 - 94 AMENDING eHAPTER 5.108 OF DUBLIN MUNICIPAL eODE ADOPTION OF BAY AREA AIR QUALITY MANAGEMENT DISTRICT REGULATION 13 RULE 1 BY REFERENCE * * * * PUBLIC HEARING - ENFORCEMENT OF VEHICLE CODE ON DUBLIN BOULEVARD FROM SEBILLE ROAD TO HACIENDA, HAeIENDA DRIVE FROM DUBLIN BOULEVARD TO 1-580 AND DUBLIN BOULEVARD. HACIENDA DRIVE TO TASSAJARA ROAD (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report. The portion of the Dublin Boulevard Extension east of Camp Parks, as well as Hacienda Drive between Dublin Boulevard and the I-580 Freeway, have not yet been dedicated to the city of Dublin nor purchased in fee as city Right-Of-Way. In order to enforce the provisions of the California Vehicle Code (CVC) on these streets, a resolution must be adopted pursuant to CVC Section 21107.5, providing that the City council may adopt a resolution which finds and declares that privately owned roads are held open for pUblic use and so connect with public highways that the public cannot determine that the roads are not highways. No testimony was given by any member of the pUblic relative to this issue. Mayor Snyder closed the pUblic hearing. On motion by Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 92 - 94 FINDING & DECLARING DUBLIN BOULEVARD FROM SEBILLE ROAD TO HAeIENDA DRIVE, HACIENDA DRIVE FROM DUBLIN BLVD TO I-580, AND DUBLIN BLVD FROM HACIENDA DRIVE TO TASSAJARA ROAD, TO BE PRIVATE ROADS OPEN FOR PUBLle USE UNDER CALIFORNIA VEHICLE CODE SEeTION 21107.5 * * * * PUBLIC HEARING - ORDINANeE ESTABLISHING SPEED LIMITS FOR DUBLIN BOULEVARD EAST OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY & FOR HACIENDA DRIVE (590-20) Mayor Snyder opened the pUblic hearing. Public Works Director Thompson presented the Staff Report and advised that Staff had deferred recommending speed limits for the new extension of Dublin Boulevard east of the Southern Pacific Railroad Right-Of-Way #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 262 Regular Meeting September 12, 1994 . . pending final settlement of the Agreement between the city of DUblin, city of Pleasanton, county of Alameda, and Surplus Property Authority. The agreement has been finalized so it is appropriate to set speed limits for these roadway segments. In accordance with the California Vehicle Code (CVC) requirement that a local authority determine and post speed limits on the basis of an engineering and traffic survey, TJKM conducted radar speed surveys on segments of Dublin Boulevard and Hacienda Drive, as well as reviewed the design and geometrics of the road. The recommended speed limit for Dublin Boulevard between the Southern Pacific Railroad Right-Of-Way and Hacienda Drive is 45 mph; for Hacienda Drive from Dublin Boulevard to I-580 is 45 mph; and for Dublin Boulevard between Hacienda Drive and Tassajara Road is 50 mph. Cm. Burton stated it was hard to get out onto Dublin Boulevard from Scarlett Drive. He asked if the speed limits had already been set from the Southern Pacific Right-Of-Way to Dougherty Road. Mr. Thompson indicated yes. 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 OROINANeE AMENDING eITY'S CONFLleT OF INTEREST CODE (640-40) Mayor Snyder opened the public hearing. City Attorney Silver presented the Staff Report and advised that the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate and up-to-date. Dublin's Conflict of Interest Code was last amended in June of 1992. since that time, there has been a reorganization of the city Manager's Office and Administrative Services Department which changed or eliminated certain job titles. positions required by State Law to file Form 721 Statements of Economic Interest should not be listed in the city's Code. Thus, the city Manager and the City Attorney positions should be deleted from the City's Code. Those who exercise responsibility for the management of public investments, in the city of Dublin, would be the Administrative Services Director/Assistant city Manager, are required to file a Form 721 with the city Clerk rather than with FPPC. A new position of Economic Development Manager has been created and should be added to the city's Code. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 263 Regular Meeting September 12, 1994 . . Ms. Silver indicated it should read "Economic Development Manager," not "Economic Development Director." Cm. Burton asked if there were changes to the city Council requirements. Ms. Silver indicated that these were only administrative changes that the requirements were not being changed. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the council waived the reading and INTRODUCED the Ordinance. * * * * AeeEPTANeE OF GIFT TO eITY (150-70) Recreation Director Lowart advised that two donations have been received by the Dublin Senior Center during the past month. The first was a new Weber Kettle Barbecue donated by Target Stores of Dublin with a value of approximately $65. The second was a check for $216 from the United Way of Santa Clara County donated by Ms. Robin Andrew, who is the niece of one of the senior participants at the Center. The $216 donation will be retained in a liability account until such time that there is an identified project or need to expend the funds. Cm. Burton asked if there was a minimum on any gift that needs to be acknowledged by the city Councilor was the City Council required to acknowledged the gifts by State Law. Mr. Ambrose indicated city council was required by State Law to acknowledge any gifts received. Although council appreciated the gifts, Cm. Burton was concerned with the amount of Staff time needed to create the agenda item. Mr. Ambrose indicated that in the past the gift acknowledgements had been put on the Consent Calendar, but Council had requested that the gift acknowledgement be taken off the consent Calendar because Council wanted to recognize the gifts. em. Moffatt asked if Staff knew anything about Nitto Denko America. Mayor Snyder responded they were the company the donor worked for so that was where the check would come from through United Way. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council accepted the gifts and directed Staff to prepare a formal acknowledgement to the donors. Cm. Moffatt asked if the Council still wanted to keep the gift acknowledgements under written communication. Cm. Burton responded it should still be recognized, but he was concerned about Staff time on the smaller items. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 264 Regular Meeting September 12, 1994 . . Mayor snyder stated it was not the size of the gift, but rather the intention of the person giving the gift. He felt all gifts should be publicly recognized. * * * * CIVIC CENTER PLAZA FOUNTAIN REAeTIVATION (200-20) Public Works Director Thompson advised that at the August 22, 1994 meeting, the city Council directed Staff to provide a report regarding the operating cost and potential reactivation cost for the civic Center Plaza Fountain. Staff contacted PG&E and requested an estimated energy cost to operate the Plaza Fountain. PG&E estimated that operating the fountain 12 hours per day, 5 days per week would cost $15,775 annually. Operating the fountain 4 hours per day 5 days per week would cost $5,793 per year. The cost for the remainder of FY 1994-95 would be $10,865 for 12 hours and $4,372 for 4 hours. The cost of repairing or replacing the 60 HP pump motor and the initial inspection and clean-up of the civic Center Plaza Fountain would be just under $4,300. The ongoing monthly maintenance charges for twice-weekly service would be $567 per month. The total for the balance of FY 1994- 95 would be $5,103 or $6,804 for a full year. The total budget impact for FY 1994-95 for civic Center Plaza Fountain would be $13,773 for 4 hours per day, 5 days per week or $20,266 for 12 hours per day, 5 days per week. The civic Center Courtyard Fountain which provides a setting for the "Gaia" sculpture, would cost $110 for initial start-up and $207 per month for monthly maintenance for a total of $1,973 for FY 1994-95. The energy charge based on 12 hours per day operation is estimated at $1,500 per year or $500 for 4 hours per day. The Shannon Center Entry Fountain would cost $132 for the initial start- up and $268 per month for monthly maintenance for a total of $2,544 for FY 1994-95. The estimated time of operation was six hours per day divided between morning and evening. The energy cost based on 6 hours per day operation is estimated at $300 per year. Mr. Thompson indicated the cost to reactivate the fountain was not included in this year's Budget. Cm. Moffatt asked if the pumps would deteriorate from non operation. He felt if we have the fountains, they should be used. He suggested that the main fountains at the civic Center and at Shannon Park be run on the weekends only. More people could enjoy the Fountains when they have the time off, which is normally the weekends. " Gaia" Fountain could run weekdays when people are coming in and out of the Civic Center. Mr. Thompson indicated there were two fountains at Shannon Park. The kids' fountain is run during the summer, but the decorative fountain had been shut off. Cm. Moffatt felt if the fountains were running on the weekends and in the afternoons, at least the/fountains would be utilized. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 265 Regular Meeting September 12, 1994 . . Cm. Burton asked if it was a 60 horse power pump motor in the civic Center Fountain. Mr. Thompson responded yes, it was a huge one. Cm. Burton felt it was difficult to pay $25,000 for fountains and fuss over the cost of crossing guards. He knew there was money in the funds, but he didn't feel it would look right if the City was still in financial straights with the state. It is an expensive proposition. Cm. Moffatt felt the Fountains would not have to be run as long. Cm. Burton stated the fountains would have to be started and there would be the maintenance on it so it would be expensive. It would bother him to pay for the running of the fountains when the Council argued about where the City could get money for crossing guards. He realized they are not related, but the perception would be there. Cm. Houston felt the two were related. The Council is worried about money and there are other areas where the money could be spent such as the Library. He felt it was just fine and should stay as it is. He suggested the council wait until the next fiscal year after the city sees what the state intends to do to local governments. He did not think it was wise to do it right now. He felt this request was premature at best and could wait until next spring or next fiscal year. Cm. Houston moved that the Council would address reactivation of the fountains in the springtime possibly as a budget hearing item. Cm. Burton seconded the motion. Cm. Moffatt stated he would have to vote against the motion primarily because he felt this was an art object and it should be used. From a practical point of view, he hated to see an item just sit around and rot away. For less than $3,000 it could be running periodically. Cm. Houston asked if it was such a small amount of time, was it worth it at all. He would prefer to have the funds go to the Library. The Council should wait until after November when the Legislature has acted and see how it will affect the Counties and Cities. Cm. Howard asked about the scenario of 4 hours a day for $5,700 and if this included all three fountains. Mr. Thompson indicated it was for the large one only. Cm. Howard asked if the total cost of all fouhtains would be $19,000. Mr. Thompson responded that would be the minimum for 4-6 hours. Cm. Burton called for the question. Cm. Howard agreed with Councilmember Houston and Burton. Although she would like to see the fountains going again, she wanted to wait to see how well the City did after November. She would like to have the item #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 266 Regular Meeting September 12, 1994 . . brought back to the Council because she felt it was important. She wasn't saying she did not want to do it, but she did want to hold off awhile and see how fiscally sound the city is before putting money into the reactivation of the fountains. Cm. Burton stated he supported turning on the fountains until he found out what the cost would be. Cm. Howard felt the cost wasn't that bad for the operation of the fountains if you have the money to spend on it. On amended motion of Cm. Houston, seconded by em. Burton, and by unanimous vote, the Council agreed to have the question of reactivation of the fountains brought back at the Budget Hearings. * * * * PARKS , REeREATION eOMMISSION/RECREATION DEPARTMENT NAME eHANGE (950-10) Recreation Director Lowart presented the Staff Report and explained that as the responsibilities of Recreation Department Staff has expanded over the years, it has become apparent that the title of Recreation Department is no longer appropriate of the services administered by the Department. Given the diversity of programs and services presently being administered by Recreation Department Staff and the Department's responsibility for park & recreation facility planning and supervision, it is Staff's recommendation that the Department name by changed to "Parks & Community Services." Cm. Burton was curious why "Parks" was included instead of just "community Services." What would be the difference between "Parks, Recreation, and Community Services?" Ms. Lowart responded that at first the Commission was leaning towards "Parks, Recreation, and Community Services," but felt it was somewhat of a mouthful to include all three. The Commission felt Recreation could be reflected in Community Services. They did feel that "Parks" should be in the name. "Community Services" also leaves the door open for future added services that come into the city. Cm. Moffatt asked how the Council felt about the name "Leisure and Community Services." On motion by Cm Houston, seconded by Cm Burton, and by unanimous vote, the Council approved the Commission and Department name change and adopted RESOLUTION NO. 93 - 94 ADOPTING BYLAWS & RULES OF PROCEDURE FOR THE PARKS & eOMMUNITY SERVICES COMMISSION AND RESeINDING RESOLUTION NO 137-92 * * * * #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 267 Regular Meeting September 12, 1994 . . CONSULTANT SERVICES FOR SOLID WASTE eOLLECTION, LANDFILL & REeYCLING SERVICES (810-60) Assistant city Manager Rankin indicated in 1986, the City of Dublin assumed responsibility for solid waste disposal and collection services from the Dublin San Ramon Services District. At that time, the City entered into an agreement with Oakland Scavenger Company (recently renamed Waste Management of Alameda County (WMAC). This agreement created an exclusive franchise whereby the company was to collect, remove and dispose of all solid waste accumulating in the city for a ten year period which expires on April 1, 1996. The current agreement provides for an extension of the agreement for an additional ten year period, provided both parties agree to the extension. The City also implemented curbside residential recycling and a multi- family recycling program also provided by WMAC under separate agreements which expire on March 31, 1996. In 1989 the State Legislature imposed AB 939, the Integrated Waste Management Act of 1989 which requires cities to develop programs which will reduce the flow of waste to the landfill by 25% in 1995 and by 50% in the year 2000. There have been significant changes in the provision of solid waste services within the past five years. It is hoped that a new agreement will integrate all elements of solid waste collection and diversion under a single contract. The City is also limited by the current structure of its solid waste agreement in that the term of the agreement does not provide a guaranteed disposal arrangement beyond 1996. WMAC has expressed an interest in continuing to serve the residents and businesses within the city of Dublin. The city has also received a request from Browning Ferris Industries (BFI), who is interested in presenting a competitive bid for service. Given that WMAC and BFI are the only landfill operators located in Alameda County, it is highly likely that any proposals received will need to utilize one of these landfill facilities. In 1993 the annual cost was nearly $2 million. A typical agreement covers seven to ten years so this would be potentially over a $15 million agreement over the life of the contract. There could be new programs which would add to the cost. There are two options available in considering the selection of the provider of solid waste services. The City may seek competitive proposals or directly negotiate with a single firm. The approach selected will affect the Scope of Consultant Services requested in the draft Request for Qualification (RFQ). The city will need Consultant Services whether the city seeks competitive proposals from multiple vendors, or negotiates with a single provider. The Consultant would assist with solicitation and analysis of competitive proposals. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 268 Regular Meeting September 12, 1994 . . The current schedule would provide for the city to complete selection of a service provider, as well as negotiation of a final agreement by June 30, 1995. This schedule will allow the selected provider to have adequate time to gear up for any capital purchases required and/or development of pUblic information campaigns necessary to implement any new or expanded services. staff's recommendation was that the city utilize a competitive Request For Proposal process to seek providers for the service and that is the manner in which the draft RFQ for Consultant has been structured. That would assure the community that there is a competitive benchmark for the services they are receiving, as well as responding to the interest the city has received so far from more than one firm. Once the Consultant's RFQ was circulated, staff would be bringing back to the Council a recommendation on the Consultant, as well as an agreement. Cm. Moffatt asked if there had been a comparison of the prices of others with the city's current provider recently. As he remembered, the present provider had the lowest price of all the Counties. Mr. Rankin confirmed it was a lower rate, but what is in all the rates has to be investigated. Mr. Ambrose indicated that Waste Management provided services to other communities at a higher rate. A lot depended on what goes into that particular contract. Cm. Howard asked for an explanation of what the $69,000 for consultant services covered as she felt it was a lot of money. Mr. Rankin explained this figure was an estimate based on some preliminary discussions. The consultant would be working with staff to identify what should be in a minimum scope of work; For example, is the city interested in looking at automated service or not; what type of greenwaste program; and is the city happy with all the programs it has. They would develop a Request For Proposal that would basically be a document that the vendors could bid on by sUbmitting how they intended to do the program and what the costs with that type of program would be. The Consultant would assist staff in evaluating the proposals, which can be quite complex. The Consultant would negotiate a final agreement for service. Mr. Ambrose indicated that during the annual rate setting process that the city has with the current garbage provider, a consulting firm is hired by the Joint Rate Refuse Review Committee, in which the City and a number of other cities in Alameda County are a part of, to assist the respective cities in evaluating the operations of the current Waste Management provider to make certain costs that are being identified for the operation of the service are appropriate as they relate to the respective franchise agreements. It is not a simple issue. The agreements must be structured in a way the citizens are protected while providing a fair agreement to the provider. It is very technical in nature with a lot of legal issues in regard to collection costs and landfill closure costs which'are reflected in cost of operations. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 269 Regular Meeting September 12, 1994 . . Cm. Moffatt asked if the $69,000 for the Consultant, was a group rate or the city's rate. Mr. Rankin responded that it was a budget estimate for the city of Dublin because the city of Dublin was currently the only city that has a franchise expiring. Cm. Burton asked if the Livermore contract runs out at the same time. Mr. Rankin responded no, it was his understanding that in the last two years, the city of Livermore had renegotiated an extension of seven years with a three year option. Mr. Ambrose indicated Staff had talked with Livermore to see if they would be interested in extending their contract to coincide with the franchise agreement. There was no interest. Cm. Burton asked if the bid would be separated, so that different functions or programs could be selected from different people or would it be all inclusive. Mr. Rankin stated it was a possibility and was something Staff would want the benefit of experts in the field to advise the city on the pluses and minuses of doing that. There are agencies that have gone with different providers, but they have different problems in trying to coordinate the service. For the consumer, there could be the confusion of was today the greenwaste or was today garbage day. There is a lot of technology happening now and whether some of that could be consolidated into one truck down the street instead of three trucks are some of the things Staff needed to find out, as well as the cost for selecting one method over another. Cm. Burton indicated he had received a lot of pUblic interest expressed through telephone calls stating how satisfied they were with the present garbage program. He felt we have all been well served. Cm. Houston realized this was not a public hearing but perhaps there were members of the audience who would like to speak to this issue. Mayor Snyder agreed with Cm. Houston and realized all the Councilmembers were probably deluged with phone calls over the weekend relative to this item. He invited members of the audience to come forward to speak on the issue requesting speakers to identify themselves for the record. Gabe Mendoza, who has been a resident for 28 years in Dublin, asked the Council to continue with the present service. He felt it has been good service and it should be continued. Cm. Burton wanted to make it clear that no decision would be made that evening on the Request For Proposal, but the Council would approve getting a consultant to put the program together. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 270 Regular Meeting September 12, 1994 . . Bonnie Moss, Browning Ferris Industries Public Affairs Manager, urged the Council to follow Staff recommendation. Browning Ferris Industries is a world leader in the recycling and waste industry. They serve over 1,000 communities in North America and 3,000 worldwide. Locally in Alameda County they operate the Vasco Road Landfill and most recently having started September 1, they are the comprehensive collection company for Fremont. She felt competition is good for the constituency the Council represents. In the case of Fremont, they wanted to originally extend their contract with their provider of 38 years, but decided to release an RFP instead, go through the competitive process, and in the end it was Browning Ferris Industries that was selected. In the bid, BFI proposed a state of the art recycling truck. Also, BFI produced a system that would recycle more for Fremont. They are recycling over 150 tons more per day than they had done before under the former system. The BFI proposal to Fremont was $3.5 million cheaper than the next lowest bidder. Competition is good; it can increase the quality of the proposal the city gets. It asks the people that want to provide service to the City to roll up their sleeves, sharpen their pencils, and in the end the city gets the better deal. They are hopeful council will follow Staff recommendation and engage in a competitive bid process and know the process will require anyone who is interested to really listen to the community and provide the service the community is looking for. In Fremont the residents had been satisfied with their former service provider, but after going through the process, people are adjusting quite smoothly and consistently in a smooth transition which has been implemented as of September 1. Juan Padilla, a resident of Dublin for 7 years and an employee of Waste Management, indicated he had attended the public hearing in Fremont concerning the garbage service because the decision would affect him. On written paper, it showed the service was $3.5 million less, but any little adjustment to containers was nickeled and dimed and cost the resident. Routes were suppose to be finished in eight hours, but guys were still not finished with the routes up to 12 hours later. Some people went from Waste Management to BFI thinking conditions would be better only to find it was the worst mistake they ever made. Many of Waste Management workers have 15 to 30 years of service with the company and are residents of Dublin and are registered voters. Tim Malone has lived in Dublin since 1991 and works for Waste Management. He concurred what Juan said was true about the containers. They are called pullman fees. When the gate has to be unlocked, there is a charge. Commercial accounts are charged $5 to pull the bin around. He claimed when BFI took over Fremont, the rates were raised 41% to residential. He was not sure what the rates to commercial were. He worked today and got done at 4:45 p.m. and he saw garbage trucks coming in the yard about 5:00 p.m. He stated that some of them keep their garbage overnight in the trucks which is illegal because the dumps are closed down at 6:00 p.m. He wouldn't believe what they say. If you are happy with the service, stick with what you are happy with. Don't adjust nothing. You might be sorry. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 271 Regular Meeting September 12, 1994 . . Jose Vargas, a resident of Dublin, indicated he was happy with the service and he felt it was good service and he wanted to stay with the same company. Dan Borges, General Manager of Livermore Dublin Disposal, indicated his company has serviced the Dublin area for over 33 years. During that time, they have provided excellent service to the customers. Dublin has realized some of the lowest rates in Alameda County and other surrounding communities. The city of Dublin had the foresight to be one of the first cities in Alameda County to institute recycling services. Livermore Dublin Disposal was proud to instigate these services successfully. In the near future the city of DUblin will have to implement other recycling programs to meet the goals of AB 939. LDD is there ready to meet the challenges whether it be a greenwaste program, commercial recycling program or any other program that is needed. LDD has the experience and expertise to do this. Their track record is such that any program that has been instituted by LDD has been successful within the city. It has always been and will always be LDD's goal to be a good corporate citizen. Some organizations LDD supports or are involved in are the Chamber of Commerce having been a member for 25 years; Dublin Fine Arts Foundation helping in art projects to promote recycling; the elementary schools of Dublin by providing lesson plans to teach the children about recycling; supporting the FFA and 4H Programs, as well as the Dublin Historical Society; they participate in the Dublin st. Patrick's Day Parade with the entry of a recycling truck. Because of the 33 years of service and involvement in the community, and the continued low rates, LDD'respectfully asked the city Council to direct Staff to enter into negotiations with Livermore DUblin Disposal, Division of Waste Management of Alameda County, to negotiate an extension to their contract. Cm. Burton asked what would be involved in the greenwaste program. Different cities have different ways. Would LDD be proposing a way of doing it or would the city make the specs? Mr. Borges assumed the Staff and consultant would come up with some specs. LDD presently collects greenwaste in the city of Livermore in a program that started in July to 16,000+ customers and have not had a problem. The material has been very clean due to their public education to the customers and has been very successful. Already 500 tons of greenwaste was moved out of the city of Livermore. Cm. Burton asked what was being done to the greenwaste. Mr. Borges responded at the present time, it is being treated and things are being done with it. It is being composted, mulched, and some things are going to direct land application to augment agricultural lands. Cm. Houston asked Mr. Borges to describe how the city has been looking at LDD's books all along the way to examine their expenses and profit margin. Mr. Borges responded the Joint Refuse Rate Review Committee takes the books of Waste Management of'Alameda County and hires an outside #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 272 Regular Meeting september 12, 1994 . . consultant and they go totally through the books and determine if the costs are justified and at that point the company is allowed a reasonable rate of return. Mr. Ambrose indicated that procedure was on the basic garbage service only. Recycling programs are not covered through that process. Cm. Houston stated part of the reason the city has such great rates as we do now is because the basic service is overseen to some degree. Mayor snyder indicated that the option remains with the local political entity to do what they want to do. All the consultant does is glean out the information and allow the Council to deal with the information. Mr. Rankin explained that each City had a person attend the JRRRC meetings, but the JRRRC was in a strange transition primarily because of changes in membership. Votes are based on population. The Tri-cities have now broken off, and Livermore is no longer a participant. The city of Oakland from a technical standpoint can pretty much make many of the decisions because of the weighted population. The other thing that has occurred with sessions just starting is the Company has indicated the rate of return that has been granted was not equitable and they are pursuing the matter with their own team of consultants, which is different from what has been seen in the past. They have accountants, as well as consultants, to present their case. This year the JRRRC has hired Deloitee Touche. The city of Dublin had been in a surplus position, but the numbers have not been determined to find out where they are this year. The Company has not dealt with the big issue of closure/post-closure costs at the Altamont Landfill which run into million of dollars and how those costs will be paid. The JRRRC is trying to obtain the answers so the representatives can return to their cities with the answers. Mr. Borges indicated LDD has always operated efficiently to keep the rates low in Dublin such as by changing to a two man crew. em. Burton asked if the $70,000 consultant fee would be necessary if we negotiate an extension of the LDD contract. Mr. Borges responded that LDD could corne up with the programs and give the city a proposal for them, but the need for a consultant is a question that should be directed to staff. Most cities hire consultants to ensure that the city is getting the best for its money. Mr. Rankin indicated there are different directions that the final negotiations may eventually take. For example, when the city went through the process with the cable television franchise, when the franchise was eventually granted, one of the elements of the final agreement was that there would be some form of reimbursement for the costs incurred in negotiating that franchise agreement. What that does is make sure everyone who has an interest will work as efficiently as possible to get it done. There are still a lot of details that need to be worked out and which can't be done until staff knows the direction council wants to take. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 273 Regular Meeting september 12, 1994 . . Sean o'Brien, a resident of Dublin, stated he concurred with all who said they were pleased with Waste Management Service. It is nice to hear that Waste Management will modify its service to meet the city's needs. Mayor Snyder indicated this was not a public hearing, but it is appropriate for the Council to make some determinations. He asked for a clarification. It seemed there were two options; one is initially to select a consultant that could be used regardless of what the Council decided and a determination of RFP for provider could be done subsequent to this evening. Mr. Rankin stated Staff needed directions to be able to let the consultant know what it is the city wants them to do. Cm. Houston indicated he was very happy with the present service as a councilman and as a homeowner. He hears people rave about the quarterly pick-ups and what they are allowed to pick-up. other cities may have problems with "nickel and diming" the residents, but in Dublin anything you put out, they will pick up with smiles on their faces. He would like to see the City start negotiations with Livermore Dublin Disposal and if an agreement cannot be reached, then the city would go to the competitive bid process. Since the City has the absolute lowest rates and great service, LDD is entitled to the first shot. Mayor Snyder asked what Cm. Houston would anticipate a threshold would be when the council would make that determination as far as Staff recommendation or negotiations. Cm. Houston responded staff would have to come back to the Council if there was an impasse in negotiations. Mayor Snyder felt there had to be a threshold where the decision has to be made when negotiations were going nowhere. Cm. Houston responded he would rely on the city Manager to make the recommendation. He would really like the city to be able to work out a situation, but if it cannot be done, then council would have to go to competitive bid. Mr. Rankin felt placing a vendor in the situation where they know there is a potential in the future that they may be forced into a competitive bid situation, may mean you will never see the bottom line before you tell them the city is going out for competitive bids. Mr. Ambrose indicated it did not place the vendor in a fair position because if the Council left that option open, it is not fair to allow their competition to look at what their proposal is. Mr. Rankin explained that the cost alternative may not be the only basis that the Council decides to award a contract on. There may be other criteria. #%#%#%#\#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 274 Regular Heeting september 12, 1994 . . Cm. Burton agreed the Council would not be locked into just costs on the bid process. Cm. Houston said the Council would want to look at the whole package which would consist of service as well as price. He felt LDD was entitled to the first shot. If it did not work out, then the Council could go to the alternative. But he would like to start negotiations with LDD because they have done a good job and a good price for the city and he felt it would continue that way. Cm. Burton agreed in principal that everyone seemed to be happy with the service, but he still felt the council had a responsibility to find out because there are other factors to be cranked into the agreement as far as additional services. He would like to see it broken down as to the different programs. He had confidence that LDD would give the City its best shot, but he did feel that as a matter of pUblic principle and policy, the Council should go ahead and have a bid process after the consultant is selected. Cm. Houston stated that earlier in the year, there was a recommendation for Request For Proposal for the Building Inspection Department. At the time, the majority of the Council felt that the quality of work was such that there would not be a bid process. So it is not unheard of not to go forward with the Request For Proposal. Again, he felt LDD was entitled to the first shot whether they get it down the road or not because they have been doing a great jOb at a great price. Cm. Burton felt there was not much time for a lot of maneuvering under the timeframe that an agreement needed to be decided by June 1995. Cm. Moffatt wanted to see the Waste Management be extended until April 1, 1996. He concurred with Cm. Houston if the thing isn't broken, why fix it. Cm. Howard agreed that the community has gotten very good service and very good prices. She would prefer to see LDD have first shot. Cm. Burton asked what the timeframe would be. People should understand that Waste Management has the contract until April 1, 1996. Mayor Snyder responded that Staff recommended that an agreement be in place by June 30, 1995. Cm. Houston felt it was in the interest of LDD and the city to negotiate and get something done in a timely manner. On motion by Cm Houston, seconded by Cm Howard, and by unanimous vote, the Council directed Staff to hire the consultant to whatever degree is appropriate in order to initiate negotiations with our current vendor. * * * * #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 275 Regular Meeting september 12, 1994 . . ABAG DRAFT RECOMMENDED REVISIONS TO THE eONSTITUTION OF THE STATE OF eALIFORNIA (140-10) city Manager Ambrose explained that the state has recently formed a constitutional Revision commission to review the budget process and the relationship between the state and local governments related to finance and program responsibilities. This Commission is required to report to the Governor and the Legislature by August 1995. In order to have an opportunity to provide input to this Commission, the Governor, and the Legislature, the Association of Bay Area Governments Legislation and Governmental Organization Committee has prepared some draft recommended revisions to the State Constitution for consideration by the membership of ABAG, as well as ABAG General Assembly. All jurisdictions have been invited to comment on the draft recommended revisions. Mr. Ambrose indicated the ABAG General Assembly would be considering this document at its meeting on December 9, 1994. The recommended revisions were discussed in the Staff Report. Cm. Burton congratulated Mayor Snyder for being the Chairman of the Legislation & Governmental Organization Committee. He felt a lot of work went into the creation of the draft Recommended Revisions to the Constitution of the State of California. Mayor Snyder indicated that Council can comment up until December 9, 1994, but the committee would like to receive the comments by September 30, 1994 so that things can be published and distributed to the member agencies and it also has to go through the ABAG Executive Board. Cm. Burton stated on page 4 (lJ), in regard to the requirement to have a petitioner proponent indicate whether paid or unpaid signature gatherers are being used to qualify an initiative for the ballot is complicated and unnecessary and it is not relative to the issue whether someone is being paid or not. Cm. Moffatt and Cm. Howard disagreed with Cm. Burton. Cm. Moffatt felt it was important to know if the people are hustling the people to get signatures. Cm. Burton felt people could be hustled whether the signature gatherer was paid or not. Cm. Howard asked how Cm. Burton felt when they were out there hustling for the Western Dublin referendum. Cm. Burton responded that he still did not agree. Also, the two-thirds vote on state taxes (#23) on page 11, he felt the two-thirds vote should be kept. Councilmembers Howard and Houston agreed. Cm. Moffatt disagreed. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 276 Regular Meeting September 12, 1994 . . Mayor snyder suggested that the Council review the document page by page. 1. Approval of Initiatives and Referendums - Council concurred with recommendations in draft except for item lJ on page 4. Page 4, item 1J Cm. Moffatt felt it should be a requirement to indicate at the top of each page whether the signature gather was being paid or unpaid. Cm. Houston had no problem with it. Cm. Howard wanted to see it required. The majority of the Council concurred with the recommendation. Mayor Snyder explained that the positions recommended in the document came from a broad sector of the cities in Bay Area. 2. Local Power of Initiative and Referendum - Page 5, 2J, Cm. Burton felt under #2 Local Power of Initiative and Referendum requirement to indicate whether paid signature gatherers are being paid or unpaid should be out. The rest of the council concurred with the recommendation. 3. Restriction on Incumbency/Prop. 140 - the Council concurred with the recommendations. 4. Term Limitations/Prop. 140 - the Council concurred with the recommendations. 5. Retirement Benefits/Prop. 140 - Cm. Burton asked for clarification about the changes in the retirement benefits to equal the benefits of other state employees. Does that include all State employees such as Governor and Legislators? Cm. Moffatt felt it was saying they should have the same advantages as any citizen. Mayor Snyder indicated what was shown is what is in the Constitution. The recommendation is that they should have the same equal rights and retirement benefits as other State employees. Mr. Ambrose indicated that Prop. 140 placed some limitations on their retirement benefits. Mayor Snyder stated it was an attempt to equalize the retirement benefit for everyone that serves the State. The Council concurred with the recommendation. 6. Leqislative Expenditures - the council concurred with the recommendation. 7. State Budqet - Cm. Moffatt felt it should be 55% rather than two- thirds. Cm. Howard asked if it was two-thirds of the Legislature rather than two-thirds of the people. Mayor Snyder confirmed it was two-thirds of the Legislature and that it was relative to the budget in the Legislature. The majority of the Council concurred with the two-thirds vote. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 277 Regular Heeting september 12, 1994 . . 8. Lotteries - the council concurred with the recommendation. 9. Binqo - the council concurred with the recommendation. 10. Casinos - the Council concurred with the recommendation. 11. Distribution of power/Construction of Article - the council concurred with the recommendation. 12. New Local Governments/Prooertv Taxes - Cm. Moffatt asked if "in light of Proposition 13 limits, this provision could be deleted from the Constitution" to bring regional governments back into the ability to levy property taxes. Mayor Snyder felt it was an attempt to clean-up the Constitution. It is saying this is needless in the Constitution because it is provided for in the Prop 13 limits. Cm. Moffatt asked if regional governments would come into play. Other councilmembers said no. Cm. Moffatt asked if the document defined fees, taxes, and assessments. Mayor Snyder indicated they were already defined in the Constitution. Cm. Burton stated they were merely trying to simplify the Constitution. Mayor Snyder indicated the Federal constitution is one- quarter the size of the State of California Constitution. This is an attempt to streamline the state Constitution. That is what the Commission is doing and this document is an attempt on a regional basis to help the Commission. 13. Vehicle License Fees - the Council concurred with the recommendation. 14. Homeowner's Exemotion - the Council concurred with the recommendation. 15. Maximum prooertv Tax Rates - the Council concurred with the recommendation. 16. School District Taxes - the council concurred with the recommendation. 17. Prooerty Tax Limitation - the council concurred with the recommendation. 18. Local Government Tax Sharinq - the Council concurred with the recommendation. 19. AVT on Real Property - the Council concurred with the recommendation. 20. Full Cash Value - the Council concurred with the recommendation. 21. Base Year Value Transfer for Persons Over 55 - the Council concurred with the recommendation. 22. Two Percent Cao on Inflationary Increase to Full Cash Value - the Council concurred with the recommendation. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 278 Regular Meeting september 12, 1994 . . 23. Two-Thirds Vote for state Taxes & 24. Two-Thirds Vote of the people for Special Local Taxes - Cm. Howard stated she wanted to keep it two- thirds for both State and Local Taxes. Cm. Moffatt and Mayor Snyder indicated they were against it. Cm. Moffatt asked what happened to majority rule. Mayor Snyder agreed with Cm. Moffatt. Mayor Snyder indicated this figure was a compromise of the Committee. It had been between 60's to 50 plus 1 so 55 was the compromise. It was not an easy thing for the Committee to deal with. There weren't any people on the Committee that disagree with removing the two-thirds formula. Cm. Burton stated if a person was in government, they would probably feel that way, but people who own homes are becoming the minority and having to pay the taxes for the majority. He felt that was what this was all about. Nearly 50% of the people in California do not own their own homes. It is getting to be a small minority that is paying. The majority of the council agreed to allow the two-thirds vote to stay. #25 State & Local Appropriations Limits - Mr. Ambrose indicated the recommendation was for modification by an appointed commission as part of an entire package of revenue and taxation pOlicy. Cm. Burton felt it was alright. The council concurred with the recommendation. #26 Return of Excess State Revenues - Cm. Houston and Cm. Burton agreed they were for return of excess state revenues. Cm. Burton believed it would never happen that it. was all lip service. The Council concurred with the recommendation. #27 Return of Excess Local Revenues - the Council concurred with the recommendation. #28 continqency Funds Subiect to Appropriations Limit - the Council concurred with the recommendation. #29 Prudent State Reserve - the Council concurred with the recommendation. #30 Tobacco Surtax - the Council concurred with the recommendation. #31 Two-Thirds Vote for Bond Measures - Cm. Burton felt this was the only thing that was keeping us from going broke. Cm. Moffatt felt it was keeping police off the streets. The majority of the Council concurred with the recommendation. #32 School Fundinq Priority - the Council concurred with the recommendation. #33 Minimum School Fundina - Cm. Moffatt felt the School District should be allowed to develop their own funding individually without Sharing it. If the residents in Dublin wanted to spend more money in one subject or develop other academic subjects, they should be able to develop a program. It would also enhance the City because more people would move into a city if their school system is a better system and they are willing to pay for it. Cm. Burton asked if it could be done now with a tax. Mayor Snyder responded no, under Serano Priest as well as under Prop 13, if the local entity' increases the rate on a local level, the #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 279 Regular Meeting september 12, 1994 . . State decreases by an equal amount. Every student is technically suppose to have the same dollar spent on them by the State so the state regulates it by that. Cm. Houston stated he agreed with Cm. M6ffatt's idea. Mayor Snyder indicated the Committee did not want to get into the educational field. They felt it was better for them to fight their own battles and let us support it when it came to it. So that is why the statement should be replaced with the statement declaring California's commitment to education as a top priority. Since the State really becomes the funder, let the state commit to creating the funds to do the job. Cm. Moffatt felt the State shouldn't be the funderi local community should be. Cm. Houston didn't believe this addressed em. Moffatt's idea. Cm. Burton felt it should go back to what it used to be. Mr. Ambrose indicated the battle has already been fought in the courts. There would be Beverly Hills School District providing a much different education than East Palo Alto. The courts have said every child is entitled to an equivalent amount of education. Mayor Snyder indicated that 25 years ago in the County of Alameda, Emeryville paid five times the general equivalent for every student they had to every other district in the County. Today it has been reversed and Emeryville struggles. If they didn't have their State money today, they would be in a bad situation. Cm. Moffatt would like to see more of the local people having control with the local situation. Mayor Snyder indicated the local school district determined what programs they provided with their own money. Cm. Howard stated the School District was offering Russian at night for kids that were on the Russian Exchange Program. Cm. Houston agreed with Cm. Moffatt's concept but he didn't believe paragraph #33 item addressed Cm. Moffatt's idea. Mayor Snyder indicated this is something Cm. Moffatt could bring up as part of the question at the General Assembly meeting. #34 Brown Act Compliance for all Elected Officials and Executive Officers - the council concurred with the recommendation. #35 Fish & Game - the Council concurred with the recommendation. #36 Marine Resources Protection Act of 1990 - the Council concurred with the recommendation. Mayor Snyder indicated the recommendations of the Council needed to go before the September 30, 1994 meeting. Mr. Ambrose responded that Staff would prepare a letter on the behalf of the council dealing with the above items and Cm. Moffatt can carry the letter. * * * * GRAFFITI ABATEMENT (530-20) Management Assistant Barker indicated that the City of DUblin has experienced a substantial growth in vandalism costs, particularly related to graffiti. The cost to the city has grown from $6,566 in FY 1992-93 to $30,388 in FY 1993-94. These costs represent damage to City owned property only and does not include the costs of eradicating graffiti on commercial and residential properties or schools. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 280 Regular Meeting September 12, 1994 . . The city's current policy with respect to graffiti damage to pUblic property is to remove the graffiti as quickly as possible. with respect to graffiti on private property, the city's only current tool in dealing with this problem is through the Property Maintenance Ordinance. The city's Business Task Force recently reviewed the Property Maintenance Ordinance and felt that the Ordinance was too cumbersome to be effective in the removal of graffiti. The city's Police Department has been very aggressive in identifying those involved in graffiti activity. Since June 1993, Dublin Police have apprehended 27 individuals involved in this activity. Educational programs have also implemented through the Crime Prevention unit. Graffiti is a community problem and in order to effectively combat graffiti, the City must work with schools, businesses, and other interested community groups to develop a united front to deal with eradication, education, and more effective detection and enforcement. Staff would like the city Council to authorize the development of a Community Graffiti Task Force consisting of Police and Public Works representatives, Chamber of Commerce, Dublin Unified School District and other interested community groups for the purpose of making recommendations to the city council on how to effectively come to grips with the growing problem of graffiti. Cm. Burton stated it was an excellent idea. Cm. Moffatt asked how many members would be on the Task Force. Mr. Ambrose responded anyone who was interested would be allowed on the Task Force. He had talked to a broad section of the community from homeowners to service clubs to the school district superintendent. This was not just a business issue. There are various components of it. The Business Task Force identified the business issue as a concern. When they looked at the Property Maintenance Ordinance, they felt it was not quick enough to respond to the problem. The business person is really a victim and they have to pay to be a victim. It was not the approach that should be taken. The input from the community needed to be received. He would like to get the prosecution end of enforcement involved. The Dublin Police has been very successful in getting some of the perpetrators. He felt the entire community needed to become involved in order to be successful in dealing with the problem. Cm. Burton asked what was being done if they are caught. Is anything being done to make them regret what they have done?' Or do they just come back and do it again? Mr. Ambrose responded a lot of that is in the hands of the courts. Chief Rose indicated if they are juveniles and they have no criminal record and they are cooperative and the parents are agreeable, they are put on a work detail in town. There has been a little bit of success with this approach. If they are not cooperative and the parents don't want to cooperate, they go to juvenile hall. The Dublin Police does not have a lot of say in what happens at juvenile hall. Juvenile hall is #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% CM - VOL 13 - 281 Regular Meeting September 12, 1994 . . set up on a priority basis and malicious mischief is not a high priority. Chief Rose, in cooperation with the Police Chiefs of Livermore & Pleasanton, have tried to work with the juvenile court judge to see if any headway could be made, but they have a tough calendar. As far as the criminal end with adults, there has not been a lot of heavy prosecution there either. A charge usually goes to a cite hearing which isn't even a trial. They will go and sit with the District Attorney. Cm. Burton asked if there was anything done to make the perpetrator feel bad other than someone talks with him. Chief Rose knew they had adults and juveniles out there that are going back anywhere from half dozen to thirty times. After they are caught, they go back again. Cm. Moffatt asked if there was any restitution to pay for the damage that was done. Chief Rose responded yes, there was through the courts. The Police do not have the option if they are caught to put them on a work detail. They are being caught, but they are not being held responsible for the damage they have created. Cm. Burton asked about caning. Cm. Houston asked if it was common or uncommon that the parents are charged for clean-up if a juvenile is involved. Ultimately, much cannot be squeezed out of a sixteen year old. They don't have any money. Is it common that the parents are charged? Chief Rose responded that he didn't believe it was. He didn't say it couldn't be done, but it just was not common. The parents ultimately end up paying for everything if it is a juvenile in addition to suffering any repercussions they may suffer. It becomes more of a civil action to property owners and how they want to address it if the courts don't take any direction with it. On motion of Cm Burton, seconded by Cm Moffatt, and by unanimous vote, the Council authorized staff to pursue the formation of a Graffiti Community Task Force. * * * * OTHER BUSINESS Reschedule Council Meeting for September (610-10) Mr. Ambrose indicated at the last meeting the Council expressed a concern about when to hold the second September meeting. staff would like some direction of when to hold the meeting. Mayor Snyder stated it had been left that if Staff felt the need to have a council meeting before October 10th, then a date could be chosen. #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 282 Regular Meeting September 12, 1994 . . Mr. Ambrose indicated the Dublin Ranch Annexation Rezoning Application Planning commission recommendation needed to be brought to the Council at that meeting and a few other items would also be brought to the council. Cm. Houston asked if it could be done on October 10th. Mr. Ambrose responded Staff's understanding in talking with the applicant was that they would like to be able to go to LAFCO on October 25th. In order for LAFCO to notice that meeting, the council would have to take action giving LAFCO Staff sufficient time to notice the meeting. Council determined that the September 26, 1994 council meeting would be rescheduled to Monday, October 3, 1994 at 7:30 p.m. in the Council Chambers. The Planning commission will meet the same night in the Regional Meeting Room. * * * * Leaque of California cities conference (140-20) Mr. Rankin reminded the Council of the Annual League of California cities Conference. Staff would need to know if any Council member is planning to attend. Cm. Moffatt indicated he was on the League's Policy Committee and he would need to be down there Sunday. As vice President of the East Bay League, there will be a Monday meeting he needed to attend. A delegate would need to be down there to vote on Tuesday. He volunteered to be the Voting Delegate for the Council. Mr. Ambrose stated the current policy is set up so that the Mayor was the Voting Delegate with the Vice Mayor as the Alternate voting Delegate. Staff had been told the Mayor would not be able to attend so the Vice Mayor agreed to be the Voting Delegate. Cm. Burton indicated he had agreed to assume the responsibility as the voting Delegate, but since Cm. Moffatt would be attending the Conference, he felt he would be a more effective voting Delegate. Mr. Ambrose responded there was funding to send more than two delegates to the Conference. Cm. Burton wanted to defer to Cm. Moffatt as the Voting Delegate. Mr. Ambrose indicated if a change in the voting Delegate was needed, it would need to be done at tonight's Council meeting so Staff can send the necessary information to the League as to who the voting Delegate would be from the City of Dublin. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the council added on an urgency basis the selection of a voting Delegate to the League of California Cities in Long Beach to the agenda. f #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 283 Regular Meeting september 12, 1994 . . On motion by Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the council selected Paul Moffatt to be the City of Dublin's voting Delegate at the League of California Cities in Long Beach. * * * * Cost Per capita of the Libraries (940-10) Cm. Moffatt reported at the East Bay Division of League of California Cities, the cost per capita of libraries was discussed. Alameda County serving approximately 500,000 has an expenditure per capita of $30.54 of which the hours opened per individual is .05 with the number of volumes per capita being 1.80. Contra Costa County serving approximately 760,000 has an expenditure per capita of $14.15 of which the hours opened per individual is .06 with the number of volumes per capita being 1.31. Livermore serving approximately 62,000 has an expenditure per capita of $27.25 of which the hours opened per individual is .12 with the number of volumes per capita being 2.67. The above data came from California Librarv Statistics 1994 utilizing FY 1992-93 data. He felt it was interesting to see the comparison between Alameda County, Contra Costa County, and the City of Livermore. Alameda County seems to be spending quite a bit of money compared to the others. He brought it up as a point of reference although he still intends to vote for Measure V. * * * * CYO Leaque Conflict of Schedulinq (950-60) Cm. Houston asked about the potential conflict of scheduling for the CYO League. Ms. Lowart, Recreation Director, indicated a compromise was being worked out. The city's use of the gymnasium has been cut back substantially by the School District, so the City has not expanded its program, the CYO Program, and all the others. Mr. Ambrose explained this increased use of the facilities has evolved as a result of the School District joining East Bay Athletic League (EBAL). There has been a greater demand of the gymnasium facilities by the schools. * * * * Mavor's Report Durinq Election Period (610-20) Cm. Burton watched the Pleasanton City Council during their discussions of whether there should be a Mayor's Report during the election period. The city of Pleasanton chose to rotate the people who were not running to represent the city on the Mayor's Report. The City of Dublin is in the unique situation that everyone is running so there would be no one available to represent the city on the Mayor's Report. He wondered if this should be brought back to discuss on a future agenda to see how the Council felt. Should there be the call-in program and the Mayor's #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 284 Regular Meeting September 12, 1994 . . Report during the election time since there would not be equal time for others who are running? Perhaps the Council should discuss this as a policy matter for future elections. Cm. Moffatt did not feel anyone should abrogate their position because it is part of their jOb to be a spokesperson for the city. Cm. Burton felt it made some sense because there would be a time during the two month exposure. Cm. Moffatt asked if government should stop for two months because of the election. Cm. Houston stated since he was the one it affected in this particular election, he felt it was the Mayor's right and privilege to be on the Mayor's Report. If Council wanted to put it on the agenda, it should be on after the election. Cm. Burton withdrew his suggestion that the item be agendized. Mayor Snyder felt it was a non issue. As Cm. Moffatt said and he agreed, government doesn't stop two months before an election. There is a responsibility any person accepts when they accept the office. It is a news program, not a political program. * * * * Labor Negotiations for "WHEELS" (1060-20) Mayor Snyder reported on the labor negotiations for "Wheels." The "Wheels" Board met and discussed its role or participation in the strike. The Board agreed it had no role whatsoever and has asked the Staff to come back with information on how agencies are configured both from a private standpoint and from a pUblic standpoint in their configuration in offering of services in California. The Board will be looking at whether it would be wiser to have a different configuration from what has been used. There was a feeling of the Board since the Board cannot be directly involved in the strike situation, it would be better to not have a third party provider. * * * * Shootinq at Arroyo Vista (580-90) Mr. Ambrose spoke about the unfortunate incident that occurred the previous evening. There have been concerns and rumors going around the community in regard to the shooting incident. The Dublin Housing Authority Director will be meeting quickly with the tenants to answer any questions they can and try to quell some of the unfounded rumors and concerns without compromising the Police Department's investigation. Police Chief Rose reported that the second person had died. * * * * #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 285 Regular Meeting September 12, 1994 . . CLOSED SESSION At 9:55 p.m., the council recessed to a closed session to confer with Legal Counsel regarding existing litigation: 1) Myers vs. city of DUblin, Alameda County superior Court Action No. V-008171-9 in accordance with Government Code section 54956.9(a) (640-30) . 2) Conference with Labor Negotiator Richard C. Ambrose, city Manager regarding unrepresented Employees: Administrative Assistant, Assistant city Manager/Administrative Services Director, Assistant to the city Manager, Associate Planner, city Clerk, Finance Manager, Planning Director, Public Works Director/City Engineer, Recreation Director, Recreation Supervisor, Secretary to the city Manager/Deputy City Clerk, senior Civil Engineer, Senior Planner, Administrative Secretary, Administrative Aide, Assistant Planner, Community Safety Assistant, Engineering Technician, Finance Technician I, Finance Technician II, Management Assistant, Office Assistant I, Office Assistant II, Public Works Inspector, Recreation Coordinator, and Secretary in accordance with Government Code Section 54957.6 (730-30). 3) Discuss Public Employee Performance Evaluation for City Manager in accordance with Government Code section 54957 (600-30). REPORT ON CLOSED SESSION ACTION city Attorney Silver advised that no action was taken. * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:20 p.m. * * * * Minutes prepared by Sandie Hart. Mayor ATTEST: City Clerk . . . . #%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#%#% eM - VOL 13 - 286 Regular Meeting september 12, 1994