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HomeMy WebLinkAbout4.01 Draft Minutes 09-27-1993 . . REGULAR MEETING - September 27, 1993 A regular meeting of the City Council of the City of Dublin was held on Monday, September 27, 1993, 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 Maygr Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * PRESENTATION BY ALAMEDA COUNTY REPRESENTATIVES REGARDING NEED TO SUPPORT PROPOSITION 172 & MEASURE A (660-40) City Manager Ambrose advised that although the City of Dublin does not receive sales tax from Proposition 172, it does benefit the City because it provides approximately $65 million to the County Court System, District Attorney, Sheriff's Department, Probation Department and Indigent Defense, which will otherwise be cut in order to balance the County's budget. If these services are cut, there will certainly be an impact on the Public Safety of residents of Dublin, as well as Alameda County. Mr. Ambrose advised that Alameda County representatives Steve Szalay, County Administrative Officer, Charles Plummer, Sheriff and Jack Meehan, District Attorney were present to make a presentation on the importance of the passage of Proposition 172 and/or Measure A to the Alameda County Criminal Justice System. Mr. Szalay presented an outline of the Alameda County Financial Plan for 1993-94 and showed slides on how their budget would be impacted if Proposition 172 and/or Measure A fail to pass in November. Sheriff Plummer advised that he has never seen anything to match the devastation we are seeing today. He has been in law enforcement for 4 decades. They spend about 11 months out of the year working on budgets when they should be spending about 3 on budgets and the rest of the time on programs. He urged everyone to get out and help them pass Proposition 172 and Measure A. District Attorney Meehan stated this will have a devastating affect on their services. Proposition 13 requires a 2/3 vote, so a constitution change was proposed to the Governor and Legislature to allow this to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 360 Regular Meeting September 27, 1993 'r} ---------------------------------------------------------------------- "TmLt'ft.JI" l\T^- 4A1 COPIES TO: /~ . . . . be passed with a majority. It must pass throughout the entire state. Measure A was placed on the ballot in the event that Proposition 172 does not pass statewide. He advised that last year 200 felonies and 400 misdemeanors were charged in Dublin. If this fails to pass, he would not be able to handle any misdemeanor crimes in Dublin. Cm. Burton questioned what happens after 1 year if either passes and asked how long the tax will continue to only support public safety. Mr.fSzalay stated it is set up to continue indefinitely. The intent of the Board of supervisors is that this main funding level would stay in place. Proposition 172 is actually a constitutional provision. Measure A is the highest of laws in Alameda County and guarantees are contained in the ordinance. Cm. Houston questioned what happens if it passes statewide, but not in a particular county. Mr. Szalay stated to his knowledge, all counties adopted a resolution supporting passage. A vote in an individual county would not jeopardize it statewide. Mr. Meehan indicated we should think of this as a trust fund. The Board of Equalization collects it and the fund is then designated. Every county in the state went on record as saying they wanted this on the ballot. Cm. Moffatt inquired about the safety of areas surrounding the Santa Rita Jail if it doesn't pass. Sheriff Plummer stated they would do everything in their power to keep it going as it is. They have 13 1/2 housing units and they are already installing triple bunks. If they got down to 8 housing units with 2,800 inmates, it would not be long before they would be sued by the inmates. with regard to safety to the people in the area, we are in the safest place we can be. He would never do anything to jeopardize anyone on the outside. Mayor Snyder thanked the representatives for the presentation. On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council adopted RESOLUTION NO. 108 - 93 SUPPORTING PROPOSITION 172 AND MEASURE A ON THE NOVEMBER, 1993 ELECTION BALLOT Cm. Houston voted against this motion. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 361 Regular Meeting september 27, 1993 . . POLLUTION PREVENTION WEEK (530-50) Management Assistant Barker advised that the San Francisco Bay Area Hazardous Waste Management Capacity Allocation Committee, a committee formed by the Association of Bay Area Governments (ABAG), has requested the city's support for Pollution Prevention Week, October 4- 10, 1993. The committee hopes to stimulate cooperation among local governments to reduce waste at the source. On 'otion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 109 - 93 ADOPTING OCTOBER 4-10, 1993 AS POLLUTION PREVENTION WEEK * * * * FINANCIAL REPORTING AWARDS RECEIVED BY CITY (150-20) city Manager Ambrose advised that the City had recently received two awards for financial reporting. The City's finance report for period ending June 30, 1992 (FY 1991-92) has been recognized by the California Society of Municipal Finance Officers (CSMFO) and also the Government Finance Officers Association of the United States and Canada (GFOA). This is the third consecutive year that the City has been recognized for Excellence in Financial Reporting. Mayor Snyder presented the plaque and certificate to Administrative Services Director Rankin who is now over the Finance Department. * * * * RECYCLING PROGRAM WINNERS FOR MONTH OF AUGUST 1993 (810-60) Executive Assistant Barker announced the five winners in the recycling program contest for the month of August, 1993. Savings Bonds which were provided by Livermore Dublin Disposal were or will be presented to: Robert McCarthy, Russ Speed, Kent Haynes, Julie Felts and Dennis Klein. * * * * PROCLAMATION TO DUBLIN LITTLE LEAGUE (610-50) Mayor snyder read and presented a proclamation recognlzlng the Dublin Little League Minor A Division "Athletics" team for winning the District Tournament of Champions, their first District title. Ron Cearley accepted the proclamation on behalf of the team. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 362 Regular Meeting september 27, 1993 . . PROCLAMATION TO RAYME MEYER (610-50) Mayor Snyder read and presented a proclamation thanking Rayme Meyer for all the time and effort expended in serving the needs of the Dublin community as former Branch Manager of the Dublin Library. Her new assignment is at the Fremont Main Library. Ms. Meyer stated she was very proud to be honored in this way, but she als~ felt like a cheater, because delivering library service is very much a team effort. Current Staff are continuing to strive for outstanding service in these trying times. Ms. Meyer discussed a bill before the Governor that could save public libraries from extinction. * * * * CUSTOMER SERVICE AWARD FOR OCTOBER (150-90) city Manager Ambrose presented the October Customer Service Award to Bud Brewer, a Landscape Laborer with MCE. * * * * CONSENT CALENDAR On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of September 13, 1993; Adopted RESOLUTION NO. 110 - 93 APPROVING AN AGREEMENT WITH Z ELECTRIC CORPORATION FOR ON-CALL STREET LIGHTING REPAIR AND MAINTENANCE (600-30) (Not to Exceed $5,000 for FY 1993-94) Adopted RESOLUTION NO. 111 - 93 AWARDING CONTRACT 93-09 FOR DUBLIN SWIM CENTER BATHHOUSE RENOVATION TO SKYLINE CONSTRUCTION (600-30 BASE BID $51,160) Adopted RESOLUTION NO. 112 - 93 APPROVING PA 93-045 SCARLETT DRIVE AS NEW STREET NAME FOR CONNECTOR ROAD BETWEEN THE DUBLIN BOULEVARD EXTENSION AND SCARLETT COURT (820-60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 363 Regular Meeting September 27, 1993 . . Adopted RESOLUTION NO. 113 - 93 APPROVING AB 434 FUND TRANSFER AGREEMENTS WITH ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY (CMA) FOR FISCAL YEARS 1992-93 AND- 1993-94 (600-40) Approved Warrant Register in the amount of $223,240.69 (300-40); Rec~ived a report on FY 1992-93 Year-End Budget Adjustments and 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); Received the Preliminary Financial Report for Period Ending June 30, 1993 (330-50). Cm. Burton requested that the item dealing with dental insurance be pulled from the Consent Calendar for discussion. He stated he was aware of a system which could save the city as much as 25% to 30% and felt the Council should at least look at what this program could do. Staff should review it. He stated he had asked Dr. Harold Ceizler to make a presentation. Mayor Snyder indicated this was highly unusual. It was out of order, but he would allow it. Dr. Ceizler passed out literature to the city Council. No copy was given to the City Clerk to be entered into the record. Dr. Ceizler stated this is a simple concept. Dental benefits can be provided in one of two ways; premiums paid through an insurance company or by self-funding. The City could save 35% immediately if it were to go to a self-funded situation. There would be no reduction of benefits. He has lived and worked in Dublin for 24 years and stated he is willing to indemnify the city. Cm. Burton stated he hoped the City Council would agree to postpone taking action on approving the agreement with Delta Dental. City Manager Ambrose agreed that this was highly irregular. On the agenda before the City council is a proposed agreement. We have a 60-day provision for cancellation in the agreement. We also have a provision which would require the City to go through a Request for Proposal process if a change was desired. A meeting has been scheduled with Dr. Ceizler and the purpose of the meeting which has already been set up is to look at the feasibility of self-funding for an organization of our size. If the agreement is not adopted at the meeting tonight, City employees will have no dental coverage. It is difficult to look at factual data since Staff understands that Dr. Ceizler currently has no clients. Agencies that we have contacted that have self-insured programs all have substantially more enrollees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 364 Regular Meeting september 27, 1993 . . On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority vote, the Council adopted RESOLUTION NO. 114 - 93 AMENDING THE BENEFIT PLAN TO INCREASE CITY'S CONTRIBUTION FOR DENTAL COVERAGE TO $107.62 BEGINNING WITH THE OCTOBER 1993 PREMIUM (720-40) Cou~cilmembers Burton and Houston voted against this motion. * * * * DUBLIN FINE ARTS FOUNDATION PROPOSED PROGRAM "ART IN THE PARKS" (900-50) Recreation Director Lowart presented the Staff Report and advised that DFA recently advised of their future plans with regard to a proposed new mUlti-year program called "Art in the Parks". This would be in addition to the continuation of "Dublin Collects" and the "Art Education in the Schools" programs. The goal of this new program would be to enhance City parks through the placement of artworks appropriate to each park's history, location, size and use. DFA has suggested that an Advisory Committee comprised of community representatives, artists and a member of the Park & Recreation Commission be established to work with DFA on this program. Selected artworks would be presented to the Council for approval prior to placement in the parks. - Cm. Burton questioned who will make the decision on what goes in and where. Ms. Lowart advised that the final decision would be made by the City Council. Lynne Baer, DFA Executive Director advised that the 'Nature Remains' exhibit had made the Northern California Art Magazine. It's a good size article with a picture. Ms. Baer displayed slides of some examples of artwork in parks across the country. Dublin can be proud of its parks. What they hope to do with this program is bring the parks into the 21st century and enhance each park. Also, they will not be coming to the city for more money. em. Burton stated he presumed that all the artwork would be stationery and would contain no drawings or pictorial work. Ms. Baer indicated that all of the materials need to be non- destructive and user friendly. The drawings were just used to present ideas. Cm. Burton stated he was surprised that graffiti did not seem to be on the pieces of artwork pictured. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 365 Regular Meeting september 27, 1993 . . Ms. Baer advised that they have never had any real problems with the artwork in the City of Dublin. - Cm. Moffatt stated he thought this was a fascinating idea. When people buy into things like this they have a sense of pride. Cm. Burton asked if they had ever considered the idea of having some type of art fair on Donlon Way to incorporate the Heritage Center. Ms.fBaer felt the problem would be getti~g this type of thin~ started. They tend to be very expensive. Linda Jeffery, DFA President advised that they have discussed doing some type of a display of historical articles. Also, they have set a deadline of November 1st for the next phase of the living history wall at the civic Center. She then passed out forms to the Council and Staff for signing up for a tile. Mayor Snyder pointed out that Tap Plastics has the City's globe, Gaia pictured in their catalogue. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the concept of the "Art in the Parks" Program by the Dublin Fine Arts Foundation. * * * * ECONOMIC DEVELOPMENT ADVISORY BOARD SCHOOL TO WORK TRANSITION PROGRAM (470-50) city Manager Ambrose advised that the Education Committee of the Alameda County Economic Development Advisory Board had requested to address the City council regarding the School to Work Transition Program which will enhance the ability of students to enter the workforce. They hope to form a countywide coalition to develop a strategic plan that will address the current and future workforce needs of Alameda County. They are working on a number of fronts to improve Alameda County's competitiveness to both retain and expand our local businesses and attract businesses. Michael Van Every, representing Shay Homes and Business Properties, introduced Manuel Perry, Director of Education of the Lawrence Livermore Laboratory. They are both members of the Education Sub- Committee. An overview was given of Alameda County; some of its strong assets and some of the problems being faced by the Education Sub-Committee. Mr. Perry stated he studies futures. When you speak of global economics for the future, you are really talking about the Pacific Rim; deep water seaports and international airports. There are tremendous resources and opportunities in Alameda and Contra Costa Counties and we have excellent global infrastructure. It is felt that whoever controls water in the State of California will end up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 366 Regular Meeting september 27, 1993 . . controlling development. One of the important issues with economic development in Alameda County is we have the work force necessary to take us forward and to take advantage of the different opportunities. They will be working on getting this work force ready to move forward. A forum will begin in November which will allow the County to move forward in this program. They are asking businesses, education, city government, labor and community organizations to adopt a resolution of commitment and to participate in county and city forums. cm.fBurton stated he felt this is a very upbeat thing. He is very interested in economic development. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council adopted RESOLUTION NO. 115 - 93 SUPPORTING ALAMEDA COUNTY ECONOMIC DEVELOPMENT ADVISORY BOARD SCHOOL TO WORK TRANSITION PROGRAM * * * * APPOINTMENT OF REPRESENTATIVE TO CONTRA COSTA COUNTY COMMITTEE DEALING WITH PROPOSED TASSAJARA VALLEY GPA, REZONE AND EIR (110-30 & 420-50) Senior Planner Carrington advised that in August of 1993, the Contra Costa County Board of Supervisors established a committee of county, cities and interested citizens to deal with the Tassajara Valley Property Owners Association's (TVPOA) general plan and zoning requests. The committee will be advisory to the Staff and would not be a formal decision-making body. It would strive for consensus- building, would act as liaison to its respective organizations and would hold public meetings (not public hearings) in accordance with the Brown Act. Mr. Carrington indicated that the IS-member committee will be made up of 5 San Ramon Valley citizens, 2 of whom reside within, or adjacent to Tassajara Valley but not members of the TVPOA; 3 members of the TVPOA, 2 members of the San Ramon Valley Regional Planning Commission, 2 County members appointed by the Board of Supervisors, 1 member selected by the Town of Danville, 1 selected by the city of San Ramon, and 1 selected by the City of Dublin. Mr. Carrington stated this IS-member Committee will review application materials, help devise alternatives for the EIR, advise and recommend on the GPA and Rezoning and review operational levels of service and compliance with growth management standards for the TassajaraValley project. The representative should be a person familiar with regional development and transportation issues from either the Planning Commission or the city Council. The Committee will hold its first meeting this month. Cm.~ Moffatt stated he would like to volunteer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 367 Regular Meeting September 27, 1993 . . Cm. Houston stated he also would like to volunteer. Cm. Burton stated he felt this would be a good chance for Cm. Houston to get some experience working with an intercity committee. Cm. Moffatt agreed and stated maybe Cm. Houston could be an alternate. He had been exposed to a lot of background in serving on other committees of this type and pointed out that he is also on the League of California cities committee for environmental quality. 1! Cm. Burton felt that since this person would be 1 of 15 and since it is basically an advisory committee, they would just report back to the City council on what's going on. Cm. Houston stated he felt this was something he could handle and he was interested. He wanted to be on the transportation committee and deferred to experience on that one. Mayor Snyder stated having served himself representing the City on the Dougherty Valley roundtable, often times he felt we were there as a courtesy only. By a consensus, Cm. Houston was appointed to serve on this Committee. .. * * * PUBLIC HEARING - ORDINANCE AMENDING DUBLIN MUNICIPAL CODE CHAPTER 7.04 ARTICLE IV RELATED TO HAZARDOUS DRIVEWAYS (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that this is the second reading of a proposed ordinance which was introduced at the September 13th Council meeting, which would allow the city to require closure of a hazardous driveway. The ordinance proposes that city council approval be required for any action to be taken, that other access to the site be available or provided, and that costs be borne by the city. Al Hunter questioned the phrase that the cost would be borne by the city. Suppose a developer puts in a driveway and through no fault of the City, it finds out it is hazardous. Why should the City pay the price for this? The wording should be changed. Mr. Thompson stated he sees this applying more in a commercial area. We review them as they come in. There is no individual driveway at this point that Staff is questioning. Cm. Burton pointed out that it would be the City's responsibility to approve a final map and therefore, the City should catch things like this at that point. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 368 Regular Meeting September 27, 1993 . . Mr. Thompson advised that this would only occur if the City Council determines that the closure of the driveway is necessary to protect the public. A public hearing would have to be held. A property owner could not come and request the driveway to be closed and then for the City to have to pay for it. Mayor Snyder clarified that this would be a City-initiated action rather than initiated by an individual. Maytr Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm.-Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 7 - 93 AMENDING CHAPTER 7.04, ARTICLE IV OF THE DUBLIN MUNICIPAL CODE RELATED TO REMOVAL OF HAZARDOUS DRIVEWAYS * * * * PUBLIC HEARING - ORDINANCE AMENDING/REPEALING DUBLIN MUNICIPAL CODE SECTIONS RELATED TO TRAFFIC (590-20) Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this proposed ordinance, which was introduced at the September 13th Council meeting, would change the procedure for approval of turning movement restrictions and broaden the definition of a time- limited "green" parking zone. The intent of the proposed changes is to simplify procedures where public hearings are typically not necessary and therefore save time for the City Council, Staff and the general public. Also, these changes will allow Staff to correct hazardous conditions in a shorter period of time. Dublin Municipal Code Sections 6.04.030 and 6.04.050 relate to turning movements, and Section 6.04.290(D) relates to green curb markings. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8 - 93 AMENDING CHAPTER 6.04 OF THE CITY OF DUBLIN MUNICIPAL CODE (TRAFFIC) * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 369 Regular Meeting September 27, 1993 . . PUBLIC HEARING-REVISION TO MUNICIPAL CODE CHAPTER 6.80 RELATED TO ABATEMENT OF ABANDONED VEHICLES (570-60) Mayor Snyder opened the public hearing. Police Chief Rose advised that on September 13, 1993, the City Council adopted a Resolution and introduced an Ordinance which included revisions to Chapter 6.80 of the DMC to incorporate the definition of "highway" into the chapter dealing with abatement of abandoned vehicles. No testimony was given by any member of the public relative to this issue. Mayor snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 93 AMENDING CHAPTER 6.80 OF THE DUBLIN MUNICIPAL CODE RELATED TO ABATEMENT OF ABANDONED VEHICLES * * * * PUBLIC HEARING - REVISIONS TO DMC CHAPTER 2.28 CAMPAIGN CONTRIBUTION LIMITATION ORDINANCE (630-20) Mayor Snyder opened the public hearing. City Attorney Silver advised that the City'S current campaign contribution Limitation Ordinance restricts contributions to $300 during an election period, which is defined as July 1st of an election year through June 30th of the following year. The existing Ordinance is unclear with regard to contributions made between election periods, during "off-years". As a result of City Council discussion at both the August 9th and September 12th Council meetings, Staff was directed by the City Council to prepare amendments to the Ordinance which would: 1) define a 4-year election period for the office of Councilmember; 2) define a 2-year election period for the office of Mayor; and 3) allow for maximum contributions of $1,000 for either office during an election period from a single source. Staff was directed to use Federal Law as a model in developing the city's amended Ordinance. Federal limits have been upheld by the courts. In contrast, the State limitation on campaign contributions enacted by Proposition 73, which limited contributions to $1,000 per fiscal year, has been held to violate the First Amendment. Ms. Silver pointed out that contribution limitations would not apply to ballot measures nor to a candidate's expenditure of their own funds on their own campaign. . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . CM - VOL 12 - 370 Regular Meeting september 27, 1993 . . The proposed amendments to Chapter 2.28 would revise the Ordinance to restrict a person or committee to making a contribution or contributions in excess of $1,000 with respect to any municipal election for the office of Mayor or Councilmember. A new definition would be added to provide that a contribution is made "with respect to" an election if it is designated for the election or, if not so designated, it will be assumed it is for the next election. Again, following Federal regulations, the draft ordinance would limit con~ributions after an election to no more than necessary to pay campaign debt. In addition, to tie in with state reporting requirements, it would allow contributions through June 30 following the election. A person or committee could, thus, contribute a total of $1,000 to any candidate for mayor, whether the contribution is made before or after the election. The same dollar limitation ($1,000) would apply to elections for the office of councilmember, even though those offices are filled every four years. The $1,000 limit is the total which may be contributed and collected. It was pointed out that any individual who intends to be a candidate for local elective office must file a Candidate Intention statement (Form 501) PRIOR to the solicitation or receipt of any contribution or loan, and prior to use of any of the candidate's personal funds in support of his/her campaign. In summary, Ms. Silver stated the draft Ordinance included a limitation of $1,000 per election for candidates for both Councilmember and Mayor. The Ordinance can be revised to reflect a different dollar limitation and/or to reflect a different dollar limitation for the two different offices. Cm. Moffatt asked if his understanding was correct that an individual could make a one-time $1,000 contribution to a candidate. Ms. Silver stated it could be made at one time or in increments. The $1,000 is a cumulative amount which relates to a particular election. The Council discussed the timing of when a person could start collecting contributions to run for a future office. It was clarified that a Form 501, Candidate Intention statement could be filed at any time for any future office. Once this form has been filed, a person can begin COllecting contributions. A person could begin COllecting money years before they actually run for office. This is different from the opening of a nomination period which occurs in July prior to the City's November election. In the past, this has typically been the time that candidates begin collecting contributions. Al Hunter stated he is a believer in simplicity and further, it is a wonder to him how anyone can run a campaign without breaking one law or another. Mayor Snyder closed the public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 371 Regular Meeting September 27, 1993 . . Mayor Snyder stated in reality, the Council was raising the limit better than threefold from the existing law. The amount was an issue in the past and he stated he just wanted to point this out. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and-INTRODUCED the Ordinance. * * * * f REQUEST BY CM. MOFFATT TO DISTRIBUTE A SMOKING ORDINANCE SURVEY TO DUBLIN BUSINESSES (560-90) Management Assistant Barker advised that the Tri-Valley Council, comprised of representatives from the cities of Danville, Dublin, Livermore, Pleasanton and San Ramon would like to create a uniform smoking ordinance for all the cities in the Tri-Valley. A survey, proposed for distribution through the Chamber of Commerce newsletter, will attempt to measure the business communities' attitude regarding smoking regulations and whether they feel the city's current Ordinance is too restrictive or too lenient. The issue of smoking regulation would then be brought before each individual City Council in late October. Cm. Moffatt had advised staff that the City would only incur the cost of 400 copies of the survey as the Chamber has agreed to insert the survey with their newsletter which is scheduled to be sent out at the beginning of October. Cm. Moffatt stated at the next Tri-Valley Council meeting, the 5 cities will be asked to consider a non-smoking ordinance and he thought it would be a good idea to survey the Chamber of Commerce to see what businesses say. Cm. Burton noted that the City Manager's Office number was on the flyer and he questioned who would take the calls. Mr. Ambrose stated calls would be handled in the same manner as they are currently handled, by a member of the City Manager's Staff. On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized distribution of the survey through the Chamber newsletter. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 372 Regular Meeting september 27, 1993 . . OTHER BUSINESS Tri-Vallev Council Meetinq (140-80) Mr. Ambrose reminded the Council that Dublin will be hosting the Tri- Valley Council meeting on September 30th at the willow Tree. All Councilmembers indicated they would be in attendance except Cm. Houston. * * * * f Tri-Vallev Transportation Council Traffic Model (1060-40) Cm. Moffatt reported that the Consultant working through the Tri- Valley Transportation Council on the Traffic Model indicted they are running out of money and will be looking for $45,000 more. with the additional funds, they will guarantee us a usable plan. The committee would like to have the various City councils determine which alternatives and concepts they would like to utilize for each of the 6 conditions discussed at the last meeting and to prioritize them so that they can go back to the computer model. A formal presentation will be made in the future. * * * * Acquisition of Heritaqe Center (910-40) Cm. Houston asked what was going on with the Heritage Center and for a status report. Mr. Ambrose stated about a week and a half ago City representatives met with representatives of the East Bay Regional Park District. The EBRPD feels that since they are funding the acquisition, they want a condition put in that says if the property is abandoned by the City it should revert back to the EBRPD. The title company refuses to put anything like this in the title. The Board Members were asked to consider being more flexible and we are also looking at going to another title company to get this moving. Another situation is the Livermore Amador Valley Historical society apparently is not registered with the Secretary of state as a non- profit corporation. We are trying to get them to fill out the necessary paperwork. We are keeping pressure on and trying to work through some of these problems. It is very staff-time intensive. * * * * Councilmember to Attend Seminar (610-05) Cm. Houston advised that he will be attending a Debt Financing Seminar in Southern California on Thursday and will bring back information to the rest of the City Council. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a _ CM - VOL 12 - 373 Regular Meeting september 27, 1993 . . CLOSED SESSION At 10:08 p.m., the Council recessed to a closed executive session to discuss: 1) Potential Litigation (640-30 GCS S49S6.9(c); 2) Pending Litigation, Butler vs. City of Dublin (640-30 GCS S49S6.9(a); 3) Pending Litigation, Pleasanton vs. Dublin (640-30 GCS S49S6.9(a); and 4) Personnel (600-30 GCS 54957.6). t- * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:30 p.m. * * * * Mayor ATTEST: City Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 374 Regular Meeting September 27, 1993