Loading...
HomeMy WebLinkAbout3.0 Approve 06-14-1982 Minutes ® 0 Regular Meeting June 14, 1982 A regular meeting of the City Council , City of Dublin, was held on June 14, 1982, in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:36 p.m. by Mayor Snyder. ROLL CALL Present: Cm. Hegarty, Jeffery, Moffatt and Mayor Snyder Absent: Cm. Burton (excused - attending meeting in Sacramento) ' PLEDGE OF ALLEGIANCE The Mayor led the Councilmembers, staff and those present, in the Pledge of allegiance. * * * * MINUTES APPROVAL Minutes of the regular meeting of May 24, 1982, were approved as submitted on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote. C 3 . 1 CM 1-80 0 Y f d � l�A PG&E CO.-RELICENSING HYDROELECTRIC PLANTS Mr. Terry Scott, representing PG&E Co. , appeared before the Council requesting support for the relicensing of the Company's hydroelectric power plants located on the Feather and Mokelumne Rivers. Mr. Scott indicated that several municipalities are seeking a license to operate PG&E's plants which are up for renewal at this time. If the Company cannot generate electricity from hydro plants, higher priced sources of energy must be used, the cost of which will be passed on to the users. The licenses were granted by the Federal Energy Regulatory Commission,.many as long ago as 50 years ago, however, a recent decision provides that cities may now apply, and that • they would be given preference over a utility. If no benefit or greater benefit can be shown by the utility, the municipality will be given a licence. If the municipalities are granted licenes, the rate payers in the PG&E service area would have to absorb approximately $100 million a year in additional fuel costs. Costs of hydroelectric generation is the cheapest cost to produce electricity at the present time. It is not felt that Santa Clara, and 11 other cities, should benefit from the cheaper power while the rest have to make up for that. PG&E has reduced their rates since February, due solely to the (hydro- electric) power generation cost. At the Mayor's request Mr. Scott explained that NCPA anticipates on not using 50% of the power generated, they intend to sell it to 5 southern California cities, PG&E will not even be given the opportunity to purchase it back. The cities involved already have facilities for power distribution, and on being questioned re why the regulation was enacted, Mr. Scott indicated that a recent inquiry, submitted by the state of Alabama, felt that the regulation applied to new hydroelectric plants only, in that case municipalities would have the right to apply. Also in answer to .a question re ,PUC regulations, Mr. Scott indicated that municipalities are exempt from PUC regulations, only privately owned 'utilities are regulated. The municipalities, if successful , can sell to whomever they wish, PG&E has no claim on the excess power. Also questioned was the fact that cities are under Prop. 4, can they then participate in an enterprise making a vast profit. Discussion was held re "enterprise funds" as opposed to those operated out.of a City's general fund, there are ways to justify costs of doing business; also, the PG&E's line would be transmitting the power, with a delivery cost assessed;: the Council, expressed: a. desire to know more about the NCPA and what their intentions are, what are the ramifications if there are no laws governing them; what was the rationale for saying that the municipalities would have the right to apply for the plants; see a copy of the NCPA regulation, what were their intentions; also the FERC opinion intentions/regulations; also discussed was the energy loss .in transmission. At the close of discussion a report re the Council 's questions and concerns will be on the agenda for the meeting of July 12. * * * * INTRODUCE PLANNING DIRECTOR - Laurence Tong City Manager Ambrose introduced .Laurence Tong, the City's new Planning Director who combs to us from East Palo Alto in a Planning capacity with the Municipal Council otginizing their community plan and other things which will be beneficial to Dubliirt. %Mr. Tong expressed his pleasure in being in Dublin, and was welcomed by the Council . CM-I-81 _ MOSQUITO ABATEMENT DISTRICT (Report from H. Bettencourt) - Mr. Herbert Bettencourt, the Council 's representative to the district reported that the District is functioning well , briefly outlining the services available and strongly suggesting that in order to be able to function properly people should call the District with any complaints with mosquitos or any other insects which are of concern. * * * * PERMIT - Paint Addresses on Curbs Ms. Joni Clary has been working on permits to allow the students who are going to Ireland to paint numbers on curbs as a-way of making money to finance their trip. Mr. Ambrose indicated that permits' have been obtained to some degree, however it will be helpful if the Council would give permission to waive the fee for a peddler's permit, and on motion of Cm. Moffatt, seconded by Cm. Hegarty the Council voted unanimously to waive the fees. * * * * LEAGUE OF CALIF. CITIES (Committee on Revenue and Taxation) Mayor Snyder announced that Cm. Jeffery had been appointed to the League Committee on Revenue and Taxation. Cm. Jeffery recently attended a meeting now high- lighting the subjects as follows: The Senate budget bill indicates no salary increases for anyone; taking away City subventions; they have given bail out money, now taking it away in less subventions; some no property tax cities end up taking out more. One of the ways they intend to balance the budget is to increase a tax, the "sin tax"; cigaretts, hard liquor, beer, wine. In many of these areas California is well below the national average, and if these taxes were increased approximately $259 million could possibly be raised with an additional $225 million if the state enacted an oil severance tax, and again used the national average fee. It is not known if any of these tax raises will occur, but in any case there will not be as much money this year, probably no inflationary raise given to cities, counties, special districts or schools. Further information will be forthcoming as avilable. * * * * BANNERS (Rotary Club) Mr. Michael Kyle, the incoming Rotary president, noted that the Rotary Club is hopeful that the Council will enact an ordinance providing the ability to suspend a banner across Dublin Blvd. , or other City street, to be used for advertising various community events, and specifically, the Rotary Club's annual Arts and Crafts Faire to be held in October 2 and 3. Mr. Kyle indicated with a blue print the construction of a banner with dimensions and showed the sample of material and ropes. Apparently there are two poles on Dublin Blvd that can be used for this purpose, and Mr. Ambrose stated that there are conditions in an encroachment permit which could be made to cover any requirements which the City and/or County insofar as insurance, etc. were concerned. The Club can deal with the staff and PG&E Co. in this matter at the time the permit is needed, which was agreeable with Mr. Kyle. * * * * nn 0 0 T MOSQUITO ABATEMENT DISTRICT (Report from H. Bettencourt) ' Mr. Herbert Bettencourt, the Council 's representative to the district reported that the District is functioning well , briefly outlining the services available and strongly suggesting that in order to be able to function properly people should call the District with any complaints with mosquitos or any other insects which are of concern. * * * .* PERMIT - Paint Addresses on Curbs Ms. Joni Clary has been working on permits to allow the students who are going to Ireland to paint numbers on curbs as a-way of making money to finance their trip. Mr. Ambrose indicated that permits`.ha've been obtained to some degree, 'however it will be helpful if the Council would give permission to waive the fee for a peddler's permit, and on motion of Cm. Moffatt, seconded by. Cm. Hegarty the Council voted unanimously to waive the fees. * * * * LEAGUE OF CALIF. CITIES (Committee on Revenue and Taxation) Mayor Snyder announced that Cm. Jeffery had been appointed to the League Committee on Revenue and Taxation. Cm. Jeffery recently attended a meeting now high- lighting the subjects as follows: The Senate budget bill indicates no salary increases for anyone; taking away City subventions; they have given bail out money, now taking it away in less subventions; some no property tax cities end up taking out more. One of the ways they intend to balance the budget is to increase a tax, the "sin tax", cigaretts, hard liquor, beer, wine. In many of these areas California is well below the national average, and if these taxes were increased approximately $259 million could possibly be raised with an additional $225 million if the state enacted an oil severance tax, and again used the national average fee. It is not known if any of these tax raises will occur, but in any case there will not be as much money this year, probably no inflationary raise given to cities, counties, special districts or schools. Further information will be forthcoming as avilable. . * * * * BANNERS (Rotary Club) Mr. Michael Kyle, the incoming Rotary president, noted that the Rotary Club is hopeful that the Council will enact an ordinance providing the ability to suspend a banner across Dublin Blvd. , or other City street, to be used for advertising various community events, and specifically, the Rotary Club's annual Arts and Crafts Faire to be held in October 2 and 3. Mr. Kyle indicated with a blue print the construction of a banner with dimensions and showed the sample of material and ropes. Apparently there are two poles on Dublin Blvd. that can be used for this purpose, and Mr. Ambrose stated that there are conditions in an encroachment permit which could be made to cover any requirements which the City and/or County insofar as insurance, etc. were concerned. The Club can deal with the staff and PG&E Co. in this matter at the time the permit is needed, which was agreeable with Mr. Kyle. * * * * 0 EXAMINE SALES AND USE TAX RECORDS The City Manager explained that a resolution is necessary in order to have the staff review sales and use tax records in order to forecast and monitor the revenues from this source throughout the year. The Board of Equalization will allow such review upon request of the City and designation of a person to do so, in this case it is recommended that the City Manager be named, or his designated employee. CONSENT CALENDAR • On motion of Cm. Jeffery, seconded by Cm. Hegarty, the Council voted unanimously (Cm. Burton absent) to adopt the following resolution: RESOLUTION NO. 27-82 AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS * * •* * TREASURER'S REPORT and STATEMENT-REVENUES AND EXPENDITURES On motion of Cm. Jeffery, seconded by Cm. Hegarty, the Council voted unanimously, (Cm. Burton absent) to approve the Treasurers reports for the period ending April 30 and May 31, 1982 and to approve the statement of revenues and expend itures for the same period. WARRANT REGISTER On motion of Cm. Jeffery, seconded by Cm. Hegarty, the Council voted unanimously (Cm. Burton absent) to approve the warrant register in the amount of $7,149.10 dated June 1, 1982. * * * * PUBLIC HEARING - INTENT TO REMAIN IN COUNTY LIBRARY SYSTEM A public hearing was opened by Mayor Snyder to hear comments on the Council 's intention to become a part of the Alameda County Library system. City Manager Richard Ambrose explained that the matter is part of a determination of the City to remain in the system, and a resolution has been prepared which incorp- orates the Council 's direction that the City will review the provision of services in the community at least once every five years, and should the Council desire increased services a request should be approved by the County. If the County concurs, such increase would be at the City's expense. There being no audience comments, the hearing was closed on motion of. Cm. Jeffery, seconded by Cm. Moffatt, the council voted unanimously (Cm. Burton absent) to adopt the following resolution: CM-1-83 .i RESOLUTION NO. 28-82 NOTIFYING THE COUNTY OF ALAMEDA OF ITS INTENTION TO REMAIN IN THE COUNTY LIBRARY SYSTEM * * * ADOPTION ORDINANCE Electric Franchise At this time a second reading is in order for adoption of the electric franchise ordinance and on motion of Cm. Moffatt, seconded by Cm. Hegarty, the council voted unanimously (Cm. Burton absent) to waive the reading of the ordinance. On motion of Cm. Moffat, seconded by Cm. Hegarty, and by the following vote, the ordinance was adopted as noted below: Ayes: Cm. Hegarty, Moffatt and Mayor Snyder; Noes: Cm. Jeffery; Absent: Cm. Burton ORDINANCE NO. 15 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF DUBLIN. Prior to vote on the above ordinance Cm. Jeffery stated she felt it interesting that the licenses for PG&E's power plants are of 50 year terms, the Library review on services is to be in 5 years, and wished to make one last pitch for placing a determinate term on the franchise. Also, the Council discussed the 600 general law cities having indeterminate franchises, no discussion was had on the charter cities which do not. Cm. Jeffery wished to point out these items one more time in the interest of good business, and good business does not give indeterminate contracts. * * * * ORDINANCE ADOPTION Gas Franchise . . A second reading isalso in order for adoption of the gas franchise ordinance and on motion of Cm. Moffatt, seconded by Cm. Hegarty, the Council voted unanimously (Cm. Burton absent) to waive the reading of the ordinance. On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by the following vote, the ordinance was adopted as noted below: Ayes: Cm. Hegarty, Moffatt and Mayor Snyder; Noes: Cm. Jeffery; Absent: Cm. Burton. ORDINANCE NO. 16 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS • AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF DUBLIN. 4:) 4:) ORDINANCE ADOPTION Gas Franchise (Cont.) Prior to the vote on the above ordinance Cm. Jeffery wished to reiterate the statement above as her point of view on this ordinance also. ORDINANCE ADOPTION (Documentary Transfer Tax) At this time.a second reading is in order and on motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote (Cm. Burton absent) the second reading was waived. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the following ordinance was adopted: ORDINANCE NO. 17 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 3 IMPOSING A DOCUMENTARY TRANSFER TAX ON TRANSFERS OF REAL PROPERTY * * * * CITY SEAL DESIGNS The Council reviewed the seal designs in order to select a contest winner in the following categories: Elementary School , Intermediate School , High School and adult. Cm. Moffatt referred to the entries stating that this is the result of work of many persons in all categories, 28 intermediate; 9 adult, 3 elementary and 2 high school entries. Dorothy Harder a local, artis, critiqued the intermediate and adult groups , and the results were as follows: Inter- mediate Robyn Sconyers; Adult: Marina Inez Poropat; High School : Sara Harri; Elementary: Anthony DeStefano. - Cm. Moffatt indicated that each winning contestant be given a $25 bond, with the presentations to be at the next meeting. The City Manager was directed to contact ,several commercial artists with the idea in mind'of incorporating some or all of the concepts in the winning entries into a City Seal an$Yor logo for later report. Mayor Snyder thanked Cm. Moffatt and Burton for their .work on this project. . * * * * PROPOSED CONFLICT OF INTEREST CODE The City Attorney reported that this proposed code is required to be adopted within six months of incorporation, it covers staff members in certain categories, and requires those making or participating in the making of decisions, which may forseeably have a material effect on any financial interests, to disclose their interest in specific types of investments, real property, sources of income. As staff is increased they may be added to the code. CM-1-85 0 On motion of Cm. Jeffery, seconded by Cm. Hegarty, the proposed ordinance was introduced, with the first reading waived, and ordered filed by unanimous vote (Cm. Burton absent) . * * * * OFFICE RENTAL City Manager Ambrose reported the need for additional space for office use, not only for the current staff but also to accommodate other persons as we complete contracts for service for the next fiscal year. A suite downstairs in the same building is available at a competative rate and it was recommended that the City Manager be authorized to execute a lease agreement. On motion of Cm. Moffatt, seconded by Cm. Hegarty, the Council voted unanimously (Cm. Burton absent) to authorize the City Manager to execute a lease for new quarters, 1,475 sq. feet on the first floor of the building now occupied. * * * * COMMUNITY GUIDE The Dublin Chamber of Commerce is presently to participate in a community guide, and the publisher is interested in having the City also participate. Several like publications were exhibited, and it is suggested that the City have a full page, in color with information about the City and services provided by the City or whatever the City wished to include on this page. . Editorial freedom is provided in this way, and the page is offered at one-half the usual cost. There will be some information regarding the City in any case, but not as detailed as the City might wish. The Chamber plans to deliver a copy of the finished guide to all households in the City, they will be used in information packages from the Chamber, further, it will be a commemorative book, with hard cover, because of Dublin's recent incorporation. City Manager Ambrose indicated also, that this booklet might serve to inform Dublin residents of the location of City offices , the services which will be provided, phone numbers and other information which would serve the citizens. A motion was made by Cm. Moffatt, seconded by Mayor Snyder, to have a color page in the booklet, however the motion failed by the following vote: Ayes: Cm. Moffatt and Mayor Snyder; Noes: Cm. Hegarty and Jeffery; Absent: Cm. Burton. It was decided to bring the matter back at the next meeting for further discussion. * * * * OTHER BUSINESS Mayor Snyder expressed concern re AB 1353 regarding billboards in cities, and the control of such structures. The Council instructed that a letter of opposition be sent to the appropriate legislators. • CM-1-86 OTHER BUSINESS (Cont) A question was posed by Cm. Moffatt re the disposition of 'John Nichondros (The Workbench) matter and the question of frontage road. Mr. Ambrose stated that he had requested the Road Department to prepare a background report on the history of the frontage road, why they had proposed the frontage road, etc. It should be forthcoming and as soon as it arrives will be presented to the Council . • * * * * At this time the Council recessed at 9:30 p.m. to a closed session to discuss contract negotiations then to a continuance of the meeting of June 21 for continuation of the item. APPROVED Mayor ATTEST City Clerk * * * CM-1-87