HomeMy WebLinkAbout4.01 Draft Minutes 12-13-1993
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REGULAR MEETING - December 13. 1993
A regular meeting of the city council of the city of Dublin was held
on Monday, December 13, 1993, in the council Chambers of the Dublin
Civic Center. The meeting was called to order at 7:35 p.m., by Mayor
Snyder.
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ROLL CALL
PRESENT: Councilmembers Burton, Houston, Howard and Mayor Snyder.
Councilmember Moffatt arrived at 7:40 p.m.
ABSENT: None.
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PLEDGE OF ALLEGIANCE
Mayor snyder led the council, Staff and those present in the pledge of
allegiance to the flag.
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RECYCLING PROGRAM WINNERS FOR MONTH OF NOVEMBER 1993 (810-60)
Management Assistant Barker announced the five winners in the
recycling program contest for the month of November, 1993.
Savings Bonds which were provided by Livermore Dublin Disposal were or
will be presented to: Mrs. Kenneth T. Coupe, Anita Lambert, Ronald
oto, C. R. Chandler and Mary Kuane.
* * * *
RECOGNITION FOR PLANTING FLOWERS IN CIVIC CENTER PLANTERS (610-50)
Public Works Director Thompson advised that as a result of an auction
held by the Dublin Rotary Club, Chris Kinzel with TJKM was the
successful bidder who purchased landscaping/gardening services to be
provided by Councilmember Burton.
Cm. Burton planted flowers in the round containers around the civic
Center and the city wished to officially recognize and thank both Mr.
Kinzel and Cm. Burton for this very worthwhile endeavor.
* * . .
Request to Initiate Lawsuit (640-30)
Tom McCormick stated he had noticed that last week, Pleasanton
approved a 126,000 square foot Wal-Mart on Owens Drive in Hacienda
Business Park. He was very concerned about the traffic that will be
generated, and requested that the city of Dublin consider suing
Pleasanton over this. It will totally jam up Dublin Boulevard. He
also requested that the people who were opposed to the East Dublin
plan be contacted and asked to join in this suit.
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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 November 22, 1993;
Adopted
RESOLUTION NO. 129 - 93
MAKING AN APPOINTMENT TO THE
ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES
DR. HARVEY SCUDDER TO TERM EXPIRING JANUARY 2, 1996 (110-30)
Received the City Treasurer's Investment Report as of November 30,
1993 (320-30);
Accepted work under Contract 93-11 NPDES Pilot Project, as complete,
authorized $2,858 retention payment to Harris & Harris, and authorized
an additional appropriation of $9,265.50 from new revenues (600-30);
Received a report related to the 1993 citizen and Organization of the
Year and confirmed the City Council subcommittee of Cm.'s Howard and
Moffatt; confirmed that the awards will be made in conjunction with
the st. Patrick's Day celebration; and directed staff to coordinate
the distribution of the nomination forms (610-50);
Approved agreements with American Red Cross for disaster care shelter
sites - Shannon Community Center and Dublin Senior Center (600-30);
Approved Warrant Register in the amount of $345,530.19 (300-40).
Cm. Houston felt the item related to funding for a Consultant to
complete the Parks and Recreation Master Plan and the additional
budget amount to the Planning Budget as part of the Eastern Dublin GPA
and SP (420-30) would be more appropriately discussed with the budget
item later in the meeting.
Mr. Ambrose explained the reason for it being on the Consent Calendar
was that staff had received previous direction from the Council
related to the City Attorney trying the case. A lot of the work put
in the budget was anticipated to be completed last year, but because
of the referendum, it was not completed. It was done this year.
There was no problem, however, in moving the item in order to discuss
it with the other budget items.
Cm. Houston requested that the item related to finalizing the Dublin
Boulevard Extension project be pulled from the Consent Calendar. He
questioned the appropriation of $71,945 from new revenues to Fund 221.
Mr. Ambrose explained that these come from special revenue
include the DUblin Boulevard assessment, the BART loan, BB
and the last piece of revenue is from the remnant parcel.
not affect the General Fund.
funds and
300 grant
These do
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On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous
vote, the Council accepted improvements under Contract 92-01 as
complete (Dublin Boulevard Extension - Dougherty Road to SPRR) and
authorized retention payment of $59,391.51 to Les McDonald
Construction, once existing stop notices have been cleared and less
$211.95 for city-provided traffic control and from fund reserves,
appropriated $29,425 from Fund 220 and $13,041 from Fund 315 to the
1993-94 CIP Budget for the Dublin Boulevard Extension and appropriated
$71,945 from new revenues to Fund 221 (600-30).
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FUNDING REOUEST FROM THE CHILDREN'S THEATRE WORKSHOP (900-70/330-20)
Assistant to the city Manager Texeira presented the staff Report and
advised that the Children's Theatre Workshop (CTW) has requested that
the city of Dublin contribute a one-time donation of $10,000 to assist
CTW in securing a permanent home. This is a Tri-Valley based
organization providing services to residents of the Tri-valley.
Frank Siegert stated in the past 13 years, CTW has provided a format
to discuss socially relevant issues. Their long term goal is to
establish a family center to house human resources and cultural arts.
They are in dire need of assistance. They will go to the community at
large and ask them to match this $10,000 donation.
Kevin Garrity, a third grader from Frederiksen School read a letter
supporting the work that CTW does.
Kevin Staskow, Managing Director explained about the programs they
offer to Dublin and the Tri-valley at large. Their philosophy is to
promote discussion among families. Kids are allowed to ask questions
after each performance. They regularly go on tour to each grade
school and junior high in Dublin. They perform approximately 26
weekends of the year. They hope to rent out the facility at times
when they are not using it. They are currently looking at 2 spaces in
Dublin.
Mr. Siegert summarized that if they can't raise $40,000 this year, CTW
will have to close its doors. It would be a tragedy to allow this to
happen.
Cm. Burton commented on their declining ticket revenue and asked what
this means.
Mr. Siegert stated because they do not have a permanent home, they
sometimes have to wait until the last minute to advertise. A lot of
people don't know where they are performing. This is a part of the
decline, plus the economy in general also impacts them.
Cm. Burton asked if they felt they could realistically expect to find
space at 359 a square foot.
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Mr. siegert responded from a business standpoint it is unrealistic,
but some individuals or public agencies may be able to pay half. They
hope to just obtain space so that they can build their own space in
the future.
Cm. Moffatt indicated that several years ago, there was an emerging
arts and theater group spearheaded by Gib Marguth. He questioned if
this group had developed any further and if they could be associated
with this program. They were looking for $50,000 to help people.
Mr. Siegert stated he did not think they were still in existence.
em. Moffatt asked if they had talked with and/or tried to work
something out with the drama department at Las positas College. This
would seem to be an ideal place to perform.
Mr. Siegert advised that Las positas College is having a hard time
scheduling their own space. They have been unable to provide
rehearsal or performing space because of their own programs. They are
financially strapped and there are no plans to build a larger theater
there.
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REQUEST FOR FUNDING FROM THE RESOURCES FOR FAMILY
DEVELOPMENT SUBSTITUTE TEACHER REGISTRY PROGRAM (330-20)
Assistant to the City Manager Texeira advised that the City has
received a request for financial support to fund the Resources for
Family Development (RFD) Substitute Teacher Registry Program for one
year. The program is structured so the City would contribute $3,000
to cover administrative costs associated with the program for one year
and the money would fund substitute provider training and screening.
Edie o'Guinn with My Space to Grow, stated this would make it possible
to obtain the state-mandated ratios of teachers to children.
Information was distributed to the city council. No copy was provided
to the city Clerk.
Julie Mohler advised that the Lawrence Livermore Laboratory had sent
them a referral letter which she read. She stated she runs a daycare
home and is licensed for 6 children. Her son has cerebral palsy and
she wanted to stay home and care for him. RFD offers a lot of
support. They moved to Dublin about a year ago and were disappointed
to learn that Dublin does not have this substitute registry available.
It is time for DUblin to be known as a city that supports the average
family.
Debbie Horkalew stated she has 2 children who attend Frederiksen
School. She has a daycare center and is extending her license to care
for 12 children before and after school. She thinks of her profession
as benefitting Dublin. Mayor Snyder had indicated to her that the
city does not have a social services department. She felt that with
the growth expected in the next few years, it is time for the city to
look into forming a social services department.
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em. Burton referenced the budget sheet that was passed out to the
council and questioned why a business like this can't carry its own
weight. It seemed that the cost to each of them would be nominal.
Ms. O'Guinn felt they could lose their children because most providers
won't raise their rates.
Cm. Burton questioned the number of children involved in all the
programs.
The response was that there are 70 licensed daycare providers in homes
for 6 or 12 children. It was reported that they have petitions with
amost 300 signatures on them.
Cm. Burton stated he felt this was more of a business than a social
program.
Ms. Texeira explained that the way the registry works would be to fund
costs for recruiting, training, etc. Dublin's share is $3,000.
Mayor Snyder pointed out that they say this amount is Dublin's share,
but there was no explanation related to how they arrived at this
figure.
Ms. Mohler stated this is truly an asset for Dublin. Quality
childcare is a true need in Dublin.
Mayor Snyder asked why they couldn't hire substitutes directly.
Ms. O'Guinn stated they can use a list for another county and she can
hire them, but it takes them a long time to get here. There are no
services of this type in the Valley.
Mayor Snyder again asked why they couldn't hire local substitutes
directly.
Ms. O'Guinn stated they must go through RFD because they provide the
necessary training.
Ms. Mohler advised that people tend to come and go in this business
and it takes a tremendous amount of work.
Mayor Snyder pointed out that if there are 70 operators in the city,
the split of $3,000 would be less than $4 per month for each of them.
Ms. o'Guinn stated they don't have a way of knowing if everyone would
use the service.
Frank Ruskey stated he has run a licensed care home for the mentally
ill for over 20 years. He and other providers got together and formed
their own center. If these people would call around, they would get
at least 97% to put up the $4 to get this going. There is training
and other things that have to be done. He pays more than $4 per
month; he pays $22 per month so that his people can go out and have
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training, etc. They put this whole program together. There is state
and Federal funding available for such activities as this. people who
are running it are the ones to put this together. You must pay
minimum wage, no matter who watches the people. He did not feel this
is the city's responsibility. This is a private business. He makes a
profit or he wouldn't be in the business.
Loretta Glester, on the Board of Directors of the Joy Preschool,
stated in reference to this being a business issue, she looked at it
from a economic standpoint. They were told that individual operators
were never given the option to join; and were always told this is a
city operation. She was concerned that they budget up to 40 hours a
month for substitutes. They run their operation under a very tight
budget. Of their 70 students, 12 live outside of Dublin. RFD is
always their hope. Individual providers have never been given the
option to be a part of the service.
Mayor Snyder commented that this sounded like a pure hostage
situation.
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TRI-VALLEY COMMUNITY TELEVISION (CTV) FUNDING (1050-50/330-20)
Management Assistant Barker advised that CTV received $9,000 in
funding from the City of Dublin for FY 1993-94. This funding level
was lower than their original request for $41,000. Through service
reductions and compromises among the involved cities, the CTV Board of
Directors is requesting an additional $11,279 to meet the short-term
budget shortfall.
Jack Noonan, Chair, stated they had cut wherever possible. They are
trying to raise more funds. All 4 cities were represented tonight.
Cm. Moffatt asked if there was any consideration to go into some
private type of production endeavors that could be sold to small
companies.
Mr. Noonan advised that they have not fully considered this to any
great extent. They hoped to not have to go to an advertisement type
of program. They are discussing this, however.
Cm. Moffatt stated he was thinking of the telecommunications industry
where they could rent a hall and teleconference to network with other
organizations within the region.
Gary Chavin from San Ramon stated he has been working with ideas to
raise funds. This is a very competitive and costly market and they
don't have the tools to compete with the larger companies that do
this. It would be very difficult for someone their size to compete in
this market.
Cm. Burton asked if the recommended amount was prorated on the basis
of subscribership.
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Charlotte severin stated she wanted to present a lot of history.
Initially the decision was made by the 4 cities when the CTV
corporation was first formed. Initially, it was decided that the
equitable way was for each city to pay the same amount. She explained
what they are trying to do to match the shortfall in Dublin's
contribution. They have made a very concerted effort to cut back and
advised that they will be closed between Christmas and New Year's.
em. Burton questioned if this would be the policy next year and also 5
years from now.
Ms. Severin stated they recommend as a Board that this be done in the
future; base it on subscribership. There is an historical precedence
that 2/5 of the franchise fees be used for public access. They are
requesting far less than this amount.
Cm. Burton questioned the amount of Dublin's franchise fee.
Mr. Ambrose advised that the city of Dublin's franchise fee is
$146,000. Franchise fees are in no way tied to pUblic television.
They are for the use of public right-of-way, or for the priviledge of
using the pUblic right-of-way. In his meeting with other city
Managers, there was some concern expressed about basing this on
subscribership. The recommendation from the 4 city Managers is that
this be a one-time fix and there needs to be a review of CTV. We may
need to look at some basic programming and then if cities want more
service, they can look at funding services beyond the basic level.
Ms. Severin pointed out that they are at a reduced level. Their staff
works many many hours for free. They are underpaid. There is
historical precedence for pUblic funding of public access television.
The FCC has long had this as a standard. She requested that the city
of Dublin please add this additional sum. She hoped the City would
agree to participate in the future with at least the $21,000. This is
a very small amount of the city's total budget.
Cm. Houston questioned how they will be funded in the future and when
they will be looking at other options. Sooner or later, he felt
governments will not be funding them. He asked what types of things
they had looked at. He felt it ultimately should be the community
supporting them.
Ms. Severin responded that to have a local program like 580/680 News
is a wonderful asset. Each city should have a commitment to support
CTV from now on. They were committed at the beginning and there is an
historic precedent by the FCC and before deregulation. This is
separate from all the other pleas for funding, because funds pour in
from cable television. There is money that comes in to the City from
franchise fees on a regular basis. They are looking at and do get
some grants, but these are sporatic and they need a basic budget
amount that they can count on. She did not feel that the budget for
future years should be decided tonight.
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Mayor Snyder stated he was offended that she could say money just
pours into the city. The pUblic right-of-way has to be maintained.
The franchise fees pay for this usage. There is no connection between
CTV and that franchise fee; there never has been.
Ms. Severin stated the funds became more open after deregulation. She
stated she merely wanted to share that this is a different request
than for any other request for funding.
Mr. Noonan responded to Cm. Houston's comments and advised that the
580/680 News program is very expensive to put on and by cutting back
one day a week they will save $12,000.
Frank Ruskey felt this request came as no surprise. He was one of the
adverse talkers about cutting CTV's funding. When budget cuts were
necessary, the Council talked to the community about what cuts should
be taking place. There was overwhelming support to cut CTV funding.
Residents had to sacrifice a lot of stuff, including library service.
When he was running for council last year, CTV 30 was one of the items
most people said did not affect the overall city and they wanted it
cut. Mr. Ambrose notified CTV that there might be a cut long before
the City council came up with what it was going to do. He had no
problem with the city refiguring what the contribution should be.
DarIa Stevens stated they appreciate the $9,000 that the city gave
them. They have tried to make the coverage of Dublin continue. They
need Dublin; CTV needs Dublin. They produce about 100 times more
programming than KQED and she requested that the city council address
the long term issues. They run a very frugal organization in order to
maintain current levels of service. She hoped the Council wouldn't
underestimate the power of television or the need of a city for
television.
Brian, a 16 year old intern who is a junior at Dublin High school,
showed some taped interviews that had just been done asking people on
the street about Channel 30. He stated when he first started watching
Channel 30, he thought no one really watched it. since he started
interning, however, he felt about 90% of the people he talks to watch
and enjoy CTV 30.
Janet Lockhart, 8136 Creekside Drive, stated as a member of service
organizations, she felt that most people in Dublin do appreciate CTV
30. Perhaps as a service club member, there could be more community
involvement. She felt people would support it if asked.
* * * *
REQUEST FROM DUBLIN UNIFIED SCHOOL DISTRICT (DUSD)
TO FUND CROSSING GUARD SERVICES (590-50/330-20)
Assistant to the city Manager Texeira advised that during the FY 1993-
94 budget deliberations, the city of Dublin was faced with a serious
budget deficit and consequently, adopted a number of reduced service
levels. One of the services eliminated was adult crossing guards at 4
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locations: 1) San Ramon Road & Shannon Avenue; 2) Amador valley
Boulevard & Burton street; 3) silvergate Drive & Amarillo Road; and 4)
Amarillo Road & Alegre Drive.
Ms. Texeira advised that since the beginning of the 1993-94 school
year, DUSD has funded the 4 adult crossing guard locations through an
informal agreement with Alameda County.
Ms. Texeira indicated that while none of the 4 locations meet current
crossing guard warrants, the school District has asked that the city
reconsider its decision with regard to funding crossing guard services
retroactive to July 1, 1993. The Council may choose to either fund or
not fund these services. If the council chooses to fund these
services, they may choose to fund for a full year or for the remainder
of this fiscal year (January 1 through June 30). If the council
chooses to fund, they may consider contracting with Alameda County or
contracting with a temporary services agency. Costs were reviewed as
presented in the Staff Report.
Cm. Houston questioned if there were some monies or gas tax funds that
were to go toward this as a partial offset. He thought the DUSD could
apply for the funds if the city didn't provide the service.
Mr. Ambrose advised that as part of the state budget program, all of
the legislation that tied traffic safety fund fines and forfeitures to
crossing guards were eliminated.
Mr. Rankin stated this was what the State referred to as mandate
relief.
Elizabeth Schmitt, President of the DUSD Board stated public safety is
an issue and within the City's purvue. When the city cut this
service, they were left with no choice and thus, they became the only
city in Alameda county to do so. They appreciated all the cooperation
and support shown in the past which benefit all the citizens of
Dublin. They request that the city fund the crossing guard service
retroactive back to July 1st and fund them for the whole year.
em. Moffatt questioned if the School District has staff to provide
training.
Ms. Schmitt stated the county funded it and they never had to provide
training for anyone. They have neither the manpower nor the
knowledge.
Mr. Ambrose stated this was one of the benefits of using the large
pool the County provided. They were able to develop substitute lists,
provide the training, etc.
Cm. Moffatt stated he would like to see more local people working in
the community. Many people are out of work who could really use a
part-time job like this.
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Ms. Schmitt stated she had no problem with how it is organized, but
rather who funds it. They are desperate for funds.
Mayor Snyder pointed out that they have a constitutional guarantee for
funds which cities don't have.
Ms. Schmitt responded that there certainly have been some pretty good
manipulations with the constitution lately.
Mayor Snyder asked if the School District Board had granted staff,
certificated and otherwise, wage increases in the last 18 months.
Ms. Schmitt apologized and stated she did not feel she could comment
on this in public at this time. They get incremental raises
constantly. They pay approximately 85% of their budget for salaries.
Superintendent Anaclerio advised that there were no increases in FY
1992-93 for any employees other than step and column increases.
Classified employees settled for a 1.5% increase, one-time paYment in
FY 1993-94. They have no settlement with leadership or certificated
employees.
Rebecca Strong brought to the Council's attention a major crosswalk
problem at Murray School at the intersection of Bonniewood Lane and
Davona Drive. Her 2 sons attend Murray and she sees numerous close
calls every day. Traffic simply doesn't stop. People make a lot of
illegal u-turns. Rainy days are a nightmare. We owe it to our
children to make it safe for them to get to school. A crossing guard
is not that much to ask for.
Mayor Snyder clarified that they are only discussing 4 locations and
the location which Ms. Strong brought up is not one of the 4 being
considered.
Ms. Strong stated she did not understand why Murray School has been
ignored.
Cm. Moffatt questioned who was making the illegal u-turns.
Ms. strong stated the majority is parents.
Elizabeth Adolph stated she worked hard to get 2 crossing guards at
Nielsen School. They have tried many different things to make it work
in front of their school. What it takes to make this work is to have
an adult crossing guard. She requested that the Council please
consider funding crossing guards.
Cheryl Thompson stated she has 2 children who attend Murray School.
She felt a stop sign would be a good idea at Bonniewood & Davona, in
addition to a crossing guard. People pay attention if an adult is
there. Everyone seems to want to wait until there is an accident.
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Karen Seals stated her son goes to Frederiksen School. She couldn't
imagine children crossing Amador Valley Boulevard at Burton Street
without a crossing guard.
em. Houston stated he noted that none of the locations meet the
warrants and questioned how the warrants are established.
Mr. Thompson advised that the State has a set of warrants that most
cities adopt. Dublin actually makes it easier than the State
requirements. Some locations were fairly marginal, but the city
council went ahead and adopted them. It's based on such things as
number of kids, number of cars, sight distances, etc. There is a
whole list of things that go into this.
em. Houston questioned if there had been any thought or discussion
related to a parental patrol program.
An unidentified person who spoke out from the audience stated there
had been no discussion as an organized type of thing. There has to be
someone there every day that can be counted on.
Leslie Tangelow who has a son at Murray School advised that there are
only about 14 parking spaces in front of the school. Most of the
children have to cross the street. They know they have to wait for
the cars to stop, but cars don't always stop, so children don't know
what to do. She contacted Dublin Police Services and asked them to
consider putting a car in front of the school so people will be aware.
This is really a bad situation.
Mr. Anaclerio advised that they have tried to work with the school to
have patrols. It is a matter of coordination of the volunteers.
Mr. Ruskey stated he and the people present would really be upset if
the council passes on funding crossing guards and then spends money on
CTV 30.
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PUBLIC HEARING
SMOKING POLLUTION CONTROL ORDINANCE (560-90)
Mayor Snyder asked the Council if there was any desire on the part of
the Council to put forth a new motion rather than discuss the
amendments to the ordinance which were introduced at the November 22nd
Council meeting. He felt there had been a lot of work done to go in a
different direction, and there was no need to have Staff spend time
discussing the previous changes.
Mayor Snyder opened the public hearing.
Cm. Burton asked if the Council is only going to amend what was
approved at the last meeting, how they would go about this.
Mayor Snyder felt the Council would need to start allover again and
if agreement was reached, introduce the ordinance tonight.
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Cm. Howard made a motion which was seconded by Cm. Houston to: 1)
prohibit smoking in all work places, but allow employers to designate
a smoking room if it hss a separate ventilation system; 2) prohibit
smoking in all restaurant dining areas, except bars which are
separately ventilated; 3) restaurants with bars have one year to
provide separate ventilation systems in the bar areas; 4) ban
distribution of samples; 5) ban vending machines; and 6) signs should
have 1" letters or the international symbol.
The motion and second was later amended to include: no smoking in
private residences if they provide childcare.
The motion and second was later amended to include: language should
be added stating the ordinance is appealable to the city council.
Management Assistant Barker indicated the section number in the
current ordinance which addresses requirements for signs, so this
would not be an amendment.
Cm. Howard requested that definitions include that a freestanding bar
would have to be separately ventilated.
Cm. Burton stated everyone is very sensitive about this whole thing.
There could be hardship cases where a restaurant would have to spend
$30,000 - $40,000 to comply. They should be able to address the
council and get relief. He did not feel the Council could sit and
plan what can happen in the future. There could be small offices that
don't have space for a special room and if they want to smoke, the
council should consider looking at whether it could set some kind of a
minimum where it would not apply.
Cm. Moffatt stated this whole thing is a health issue. Any employer,
no matter how small, would have the liability, not the city.
em. Houston felt that if someone wanted to petition the City council,
the Council could say yes or no, and this might be okay. If you limit
it to a 3 or 4 person office, where do you draw the line?
em. Burton stated there are a lot of good people out there who still
want to smoke in their own offices.
Mr. Barker advised that Staff enforces this on a complaint basis, so
if it is a one person office, it's unlikely they'd complain.
Cm. Howard stated she didn't see anything in the current ordinance
that says smoking is not allowed in home childcare facilities.
Mr. Barker indicated this was addressed in the current ordinance under
Section 5.56.070.
Cm. Howard, when questioned, stated she felt that the bowling alley
would be the same as a freestanding bar.
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Mr. Barker advised that in Livermore, he thought they were going to
build a separate room. That bar would then be classified as a
freestanding bar; just the bar area; provided it has a separate
ventilation system. The bowling alley would be classified like a
freestanding bar.
Cm. Burton asked if someone has a unique situation if they would be
allowed to bring it to the attention of the city Council.
Mr. Ambrose advised that someone could ask for a modification or
language could be put in to allow for a waiver of the conditions.
Cm. Burton felt there should be some way which is not complicated for
them to request a variance.
Cm. Moffatt questioned why the city would want to get involved in this
jungle of unknowns, with unforeseeable problems that might come up.
city Attorney Silver stated proper language could be inserted in the
ordinance stating that the City Manager enforces the ordinance, and
they would have the right to appeal any decision made by the city
Manager to the city Council. All that would have to be provided in
the ordinance is verbiage stating the ordinance is appealable to the
city council This wording would need to be added to the ordinance.
Jack Hensley, 7649 Peppertree Road, speaking for his wife Jacqueline,
stated she had had an accident and was unable to come to the meeting.
Her first comment was a request for the Council to please turn up
their microphones and to not talk back and forth to one another, but
to talk into the microphones. she was extremely disappointed in the
results at the last meeting. Each Councilmember should speak out loud
and clear on the issue being discussed. They were elected by the
community at large, not just a few business owners and customers.
People should be able to enter any business in town without concern
for health and welfare.
Karen Seals, 7068 Prince Drive, thanked the Council for allowing
everyone to speak again on this subject. She recently attended the
National Healthy cities Conference in San Francisco, and reported that
she thought we'd be interested to know that Dublin, Ireland is talking
about tobacco issues at this time also. She presented the Council
with what looked like a book of matches, but was actually seeds. She
discussed the different elements that make up healthy cities. We
don't need to be breathing in second hand smoke in Dublin.
Tom McCormick, 7170 Emerald Avenue advised that if you smoke in one
room it takes only 10 minutes for the pollutants to travel to all the
other rooms. In discussing the workplace, he did not feel there were
anyone room buildings in Dublin. The way air circulates in office
buildings, this doesn't work. There is no reason why people can't go
outside to smoke. He has had occasion to eat at restaurants in this
town in the past week or so and he had had waiters come up to him and
say, "get the smoke out of restaurants. Don't give up. Get the City
. . . . . . iIII
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Regular Meeting
December 13, 1993
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council to pass this ordinance." The amendments proposed tonight
don't have everything they want in it, but it is as good as we can do.
Bruce Fiedler, 6589 Hemlock, advised that last Thursday night,
thousands of people from Petaluma were joined by others from across
the state to grieve for Polly Klass, whose tragic and senseless death
had such a profound effect on their community. The occasion was
doubly sad after the revelation that the prime suspect was a career
criminal and repeat kidnapper known to be a danger to society. There
has been a similar tragedy in our community. He called on the city
Council to remember the 5 persons missing from Dublin who were killed
during the past year by second hand smoke. He asked who will grieve
for these persons who would be alive today if they had escaped their
deadly encounters with this airborne carcinogen. Who will mourn with
their families? Who will pay their mortgage? Who will guide their
children into adulthood? Also, who will mourn for the 5 more persons
who will die during the next 12 months. The city Council must do its
part to ensure that stores, offices, childcare and recreation centers,
restaurants and work places throughout this city are free from a
killer more deadly than Richard Allen Davis, more deadly even than the
carnage of pistols and shotguns and assault rifles. He urged the
Council to dump the ill-considered measure that was passed at the last
meeting, and to give unanimous passage to an effective ordinance that
will better serve the people of Dublin.
craig Amack, 7567 Amador Valley Boulevard #205, stated he took a
little different approach. He educated the city council on what has
been going on in his office building in the past 2 years. Smoke
travels through the ventilation system, and 50% of his patients
complain about the air quality. The Americans with Disabilities Act
has now given them a leg to stand on. Everyone knows that smoke is a
Class A Carcinogen and looking at allowing exceptions just isn't the
way to go. He requested that the door be kept closed if smoking is
allowed in an office and also that it has to be a separate ventilation
system altogether or it doesn't work. He thanked the council for the
new motion.
Dr. Ted Woy, 11381 Rampart, stated he is a 30 year Dublin resident.
Health issues don't seem to penetrate in some people's minds as they
are more concerned about the almighty dollar. He felt that health and
welfare are definitely under the purvue of this body. More emphasis
has been put on a fear that a business will go out of business if
smoking is deleted rather than the mountains of evidence of the
dangers of smoking. He asked if anyone knew of any study that shows
that a business went out of business because of adoption of a non-
smoking ordinance. This argument is just a puff of smoke. There is
no evidence of this happening. He questioned why this was so
important to certain members of the Council.
Al Hunter, 7994 Jade circle, stated he quit smoking 14 months ago. He
indicated a problem with the existing ordinance and questioned the
role of government. Health risk claims are valid; however, tobacco is
not illegal. We need to look at what roll government should play in
protecting both smoker's and non-smoker's rights. He felt that all
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Regular Meeting
December 13, 1993
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places should be required to implement measures to protect non-
smokers. Government should mandate and businesses should comply. It
is the responsibility of the owner/operator to see that the law is
followed. with regard to the loss of business issue, approximately
80% of adults are non-smokers.
Mabel Raglin, 7458 Larkdale Avenue stated she felt this law is like
being a little bit pregnant. You either ban smoking or you don't.
There are hundreds of cities in this state that have banned it and
they are still functioning. We will eventually get it banned in our
city, so why not now? She stated she is one of the physical therapy
patients of the Amador Valley Boulevard office who complained. Kaiser
sent her over there and she told them she didn't want to go back
because the office was so smokey, but now that she knows the story,
she will reconsider.
Ted Hoffman, Jr., with Earl Anthony Bowl asked for a point of
clarification regarding the bowling center. He also asked if the
second reading of the new amendments would occur on January 10th.
Staff explained that if the new amendments were introduced at this
evenings meeting, the ordinance would come back for adoption at the
first January city council meeting. It would then become effective 30
days after that date.
Mayor Snyder closed the public hearing.
Cm. Burton stated he had always said that non-smokers should not have
to breathe smoke. We have had a ban and now we are upgrading it. You
can't satisfy everybody. They have tried their best. This is not an
easy thing when you have so much emotion involved.
On motion of Cm. Howard, seconded by em. Houston, and by unanimous
vote, the council waived the reading and introduced an ordinance
amending the city's Smoking Pollution Control Ordinance as follows:
Smoking shall be prohibited in all work places, but employers may
designate a smoking room if it has a separate ventilation system;
Smoking shall be prohibited in all restaurant dining areas, except
bars which are separately ventilated;
. Restaurants with bars have one year to provide separate ventilation
systems in the bar areas;
Distribution of free tObacco/cigarette samples shall be banned;
Tobacco products vending machines shall be banned;
Signs shall have 1" letters or the international symbol;
. Smoking shall be prohibited in private residences if they provide
childcare;
Language shall be added stating the ordinance is appealable to the
city Council.
* * * *
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III III . e III II!I ill . . . . . .
eM - VOL 12 - 448
Regular Meeting
December 13, 1993
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PUBLIC HEARING
B J DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT/
PLANNED DEVELOPMENT REZONE/TENTATIVE HAP (420-30)
em. Houston announced that he would abstain from participation in the
discussions of this issue due to a conflict of interest.
Mayor Snyder opened the pUblic hearing.
Associate Planner Choy presented the Staff Report and indicated that
BJ Dublin Commercial was requesting approval of a General Plan
Amendment, Planned Development Rezoning and Tentative Map Tract 6644
for a 7t acre parcel located near the intersection of Dougherty Road
and Dublin Boulevard.
On November 22, 1993 the city council approved the Negative
Declaration and General Plan Amendment. The pUblic hearing was
continued to allow additional review of the Planned Development
Rezoning General Provisions.
At the November 22, 1993 City council pUblic hearing, clarification
was requested on whether a veterinary office with an overnight
caretaker facility would be permitted within the new PD District. The
PD General provisions allowed a veterinary office as a permitted use,
but did not address an associated overnight caretaker facility. staff
was directed to establish procedures for regulating this type of use.
After surveying neighboring cities, it was found that a veterinary
office with an overnight caretaker facility was not an outright
permitted use in their commercial, office, or business districts.
Such a use would require approval of a Conditional Use Permit or
Development Plan to allow the city to place appropriate conditions on
the proposed use.
staff recommended including the use, veterinary office with an
overnight caretaker facility, as a Conditional Use within the new PD
District. In that way, conditions can be placed upon the Conditional
Use Permit requiring a deed restriction be recorded on the property
allowing utilization of the residential living unit only in
conjunction with and throughout the duration of the veterinary office
use.
Permitted Uses with the new PD District are: 1) wholesale/retail
stores (inClUding membership stores); 2) restaurants (sit down); 3)
business, professional, medical, veterinary offices; 4) auto services,
parts & repair (cleaning & detailing, glass, muffler, brake, tires,
body & paint, tune-up, sound & security systems, accessories); 5)
commercial/personal services (escrow, blue print, copying, commercial
supply); 6) contractors (plumbing, security systems, flooring,
pool/spa, electrical, irrigation); 7) financial (bank, savings & loan,
stock broker, insurance); 8) real estate (broker, mortgage, developer,
property management); 9) manufacturer showroom (miniblinds, windows,
'" . . . . . . . . . . . .
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eM - VOL 12 - 449
Regular Meeting
December 13, 1993
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equipment); 10) light industrial (assembly, packaging and
distribution); and 11) private schools (supplemental learning center,
beauty college) .
Conditional Uses with the new PD District are: 1) daycare; 2) drive-
thru businesses; 3) commercial amusement/recreation; 4) automobile
dealerships (new, used car sales, rental lots); 5) research &
development; 6) outdoor storage yard (must be enclosed by a solid wall
or fence); 7) nurseries with outdoor storage/display; and 8)
veterinary offices with overnight caretaker facility.
The new PD District will emphasize development consistent with the C-2
District in terms of permitted and conditional uses, land use
regulations and minimum/maximum development criteria.
Cm. Moffatt asked if there was residential use in the self-storage
area.
Mr. Choy responded that the caretaker facility was already approved as
part of the public storage use.
Cm. Moffatt stated the state of California is advising that any area
that houses animals will have to have an on-site caretaker.
Cm. Moffatt expressed concern over restricting uses.
Mr. Choy indicated that C-2 was the most flexible of uses and that the
applicant was pleased with the uses proposed.
Cm. Moffatt asked if there would be any residential application such
as apartments in the commercial zone.
Mr. Choy indicated the only residential use would be in the public
storage area.
Cm. Burton stated he felt the PO District was fine. He asked how the
process was going on the front portion of the property.
Mr. Thompson indicated that both parcels will be joined as one
property and the rezoning will depend on who buys it.
Mayor Snyder closed the public hearing.
On motion of Cm.Burton, seconded by Cm. Howard, and by unanimous vote
(Cm. Houston abstained), the Council waived the reading and INTRODUCED
an ordinance amending the Zoning Ordinance to permit the Rezoning of
Real Property located at the Northeast portion of the intersection of
Dougherty Road and Dublin Boulevard.
. . . .
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eM - VOL 12 - 450
Regular Meeting
December 13, 1993
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ALAMEDA eOUNTY STREET LIGHT
AeOUISITION JOINT POWERS AGREEMENT(600-40)
Public works Director Thompson advised that the County of Alameda and
ten cities within the County have been meeting to discuss acquisition
of street lighting from Pacific Gas & Electric company as a means of
long-term cost savings. While the cost of such a study would be
prohibitive for the city of Dublin to undertake alone, sharing the
study and acquisition costs among eleven agencies makes the process
more cost-effective.
The city of Dublin presently has approximately 1,800 street lights,
400 of which are already owned by the City. The rate paid to PG&E for
lights owned by PG&E ranges from $6.86 to $16.97 per light per month
depending on wattage and type of installation. The rate paid for
lights owned by the City ranges from $5.07 to $12.97 per light per
month with most in the $5 to $7 range. If the city acquires the
lights that are now owned by PG&E and converts the city-owned lights
to the lowest possible rate schedule, the cost would drop to a range
of approximately $2.67 to $6.12 per light per month.
Russell Hamm has been retained by the county and cities to act as a
consultant in the acquisition. Mr. Harnrn has stated that the average
cost to purchase an existing street light has been about $257. The
actual purchase price for each light would have to be negotiated with
PG&E.
The preliminary feasibility study performed by Mr. Hamm for the city
of Dublin estimated that presently the 1,354 PG&E owned lights and 415
city owned lights have an annual cost of $176,543.76. If the city
converted all lights to city-owned lights, the total annual cost with
maintenance included is estimated to be $98,137.72 which would result
in a net annual savings to the city of Dublin of $78,406.04.
In regard to maintenance, it was determined that contract maintenance
would be the best option. Mr. Hamm's report estimated the cost of
contract maintenance at $1.30 to $1.55 per light per month.
The Joint Powers Agreement provides for a division of cost among the
agencies for further study toward acquisition of the lights, including
appraisals and legal fees and administrative procedures. Any of the
member agencies of the JPA may at any time drop out of the process.
On motion by Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the council adopted
RESOLUTION NOo 130 - 93
APPROVING A JOINT POWERS AGREEMENT REGARDING
ACQUISITION OF STREET LIGHTS
and authorized the expenditure of approximately $5,000 from the street
Light Maintenance Assessment District reserve.
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CM - VOL 12 - 451
December 13, 1993
Regular Keeting
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ACCEPTANCE OF GIFT TO CITY (150-70)
Recreation Director Lowart advised that the parents of the children
enrolled in the city's Shannon Center Preschool raised funds to
purchase a new Econ "Crayola crayons" ceiling fan and a secondhand
microwave oven for the preschool room.
On motion of em. Burton, seconded by Cm. Houston, and by unanimous
vote, the Council accepted the gift and directed Staff to prepare a
formal acknowledgement to the donors.
. . * .
MODIFYING THE METHODOLOGY FOR MAKING
PROPERTY TAX PAYMENTS TO THE CITY (TEETER PLAN) (390-60)
Assistant city Manager Rankin advised that as a result of the 1993-94
State Budget, legislation was approved which would create a financial
advantage for counties which change the way they distribute property
taxes. The concept behind the legislation (known as the Teeter Plan)
is that a county pays the various agencies (i.e. schools, cities,
special districts) 100% of the amount levied on the tax bill. Since
it is assumed that there will be delinquencies, the county retains all
of the delinquent payments plus penalties and interest. Theoret-
ically, the county would be assuming the risk.
New legislation provides one-time relief for counties that implement
the Teeter Plan. For Alameda County, this reduces their $97.3 million
tax shift by $28.5 million (a decrease of 41%). Alameda County is
requiring all taxing agencies for which it is the legal depository
(this does not include cities) to participate in the Teeter Plan.
The advantage to the City would be that it would know what it is going
to receive and when the funds would be distributed.
The long term view of the proposal displays disadvantages to the city
which include: 1) the city no longer receives any benefit from
penalties and interest, which add up to 18%; 2) the city continues to
retain the liability for uncollectible taxes; 3) the potential gain
from the one-time payout versus COllecting a share of the penalties
and interest, would typically be exhausted in 5 - 7 years; 4) the City
has limited control over the County's decision to terminate the Plan;
5) if the County changed away from the Teeter Plan and back to the
current method, this would reduce the city's Property Tax revenues in
the first year that the county discontinued the Plan; 6) and the
County's own analysis showed that after 5 years, there is a financial
disincentive to continuing the Plan.
There are obvious one-time advantages
change for its benefit at this time.
appear to place the City at a greater
current allocation methodology.
for Alameda county to pursue the
However, the disadvantages
risk than staying with the
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CM - VOL 12 - 452
Reqular Meeting
December 13, 1993
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Only two cities in Alameda County are seriously considering changing
to the Teeter Plan. The Teeter Plan only benefits those cities that
have a cash flow problem.
On motion by Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council authorized Staff to advise Alameda County that the
City of Dublin will not be participating in the Teeter Plan.
* . . .
MID-YEAR BUDGET REPORT FOR FIseAL YEAR 1993-94 (330-20)
City Manager Ambrose presented the Mid-Year Budget Report for FY 1993-
94. Based on available data through November 30, 1993, the city's
General Fund Revenues are estimated to exceed General Fund
Expenditures by $456,350 in FY 1994-95.
Mr. Ambrose reported that the 1993-94 Budget was impacted by major
events including:
1) state Property Tax Shift: No property tax was taken from DUblin
during FY 1993-94 because the City of Dublin was incorporated after
1979.
2) Proposition 172: Although Proposition 172 did pass, since Dublin
did not lose any property tax funds in 1993-94, it was not entitled to
any of the sales tax funds from Proposition 172.
3) The Eastern Dublin General Plan & Specific Plan was referended and
legally challenged in court. These actions resulted in increased
election, Planning Staff, Project Consultant, and legal costs. In
addition, the Referendum suspended the new Eastern DUblin/santa Rita
Property Tax Annexation Agreement with the County resulting in a
reduction in sales tax and subvention revenues to the city from
July 1, 1993 to November 3, 1993.
em. Houston asked if the $24,000 was a non-reoccuring cost now that
the agreement was in place.
Mr. Ambrose indicated the City lost $24,000 due to the delay in
implementing the new agreement. If the city loses the lawsuit, the
city would revert back to the 1986 Tax Exchange Agreement with the
County.
Cm. Houston asked how the attorney fees were computed.
Mr. Ambrose stated it was based on the number of suits, court
appearances, and witnesses that needed to be interviewed. The General
Plan project needs to be finished out so a final document can be taken
into court.
The revised revenue estimates are: property taxes (+$826,000), Taxes
Other than Property (-$27,000), Licenses & Permits (-$6,000), Fines &
Forfeitures (no net change)" Use of Money & property (-$10,000),
. '" ,., <II . . . . . . . .
eM - VOL 12 - 453
Regular Meeting
December 13, 1993
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Intergovernmental Revenues (-$36,000), Charges for Services
(-$37,000), Other Revenues (+$10,000), which results in General Fund
Revenues exceeding budgeted revenue by approximately $720,000.
The revised expenditure estimates are: General Government
(+$150,000), Public Safety (+$36,000), Transportation (no change),
Health & Welfare (no change), culture & Leisure services (-$55,000),
Community Development (+$75,650), Capital Projects (+$47,000) which
results in an anticipated increase of $253,650 in General Fund
expenditures.
Based upon available information thorough November 30, 1993, Staff
estimates that 1993-94 Revenues will exceed 1993-94 Expenditures by
approximately $466,350. The other potential impacts on the city's
FY 1993-94 and FY 1994-95 Budgets are 1) the State may be facing
another $1 billion deficit in FY 1993-94 and a $5 billion deficit in
FY 1994-95; 2) the outcome of the Eastern Dublin lawsuit because if
the city lost the lawsuit, the city might incur additional legal and
planning expenses; 3) the City has not seen the full impact of the new
Livermore retail center on our sales tax base; and 4) the outcome of
the DRFA negotiations with Local 1885.
In terms of the city's reserves, based on the audit results, the city
has sufficient reserves assuming the revenues and expenditures meet
projections for the next five years to payoff the Certificate of
participation issue in 1999. The balance of those reserves would be
about 23% of the city's operating Budget6 Hence, there would be
sufficient cash to defease.
Due to the uncertainty of future impacts, Staff recommended that only
$66,025 in services be restored from January 1, 1994 to the end of
FY 1993-94 and that all services and positions that were reduced be
reevaluated for FY 1994-95.
In addition, several groups have made requests for funding. community
Television ($11,279); Dublin Unified School District for Crossing
Guards ($33,723); Children's Theatre Workshop ($10,000); and Child
Care Substitute Teacher Registry ($3,000).
Cm. Burton asked the estimated total gross cost of the referendum,
legal expenses and the postponement of the tax exchange agreement was
going to cost the city.
em. Houston responded $280,000 which included the estimated losses of
the tax revenues, projected legal fees and the cost for planning
services projected to finish the project.
Cm. Burton stated that figure did not include what had been spent
already in planning costs and replanning. He felt there was already
almost one million dollars in planning costs.
Mr. Ambrose indicated it would also depend upon how long the lawsuit
lasted.
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eM - VOL 12 - 454
December 13, 1993
Regular Meeting
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Cm. Burton stated that almost one million dollars had already been
spent in planning costs. It was time the people of Dublin realized
what it would take to solve the problem.
Mr. Ambrose responded that as Cm. Houston indicated, it was just
$280,000 in this report, but the city knows that there were other
issues related to Eastern Dublin that would be involved.
Ms. Silver, city Attorney, stated that the estimate did not include
the cost of an appeal. A decision was expected in March.
Cm. Burton felt the process had been divisive and costly.
Cm. Houston indicated that those items were at least non-recurring
costs in comparison to the item where the State took away the property
tax money and the city will never receive that money again.
Mr. Ambrose responded that with all State and Federal programs, the
funding amounts fluctuated each year, but it was not something the
city could count on.
em. Houston stated the $280,000 was a non-recurring cost and would not
be going on for the next ten years.
Mr. Ambrose indicated if the city lost the first round in the lawsuit,
then the city would be in an appeal situation with the burden of proof
shifting to the city which would put the city back to the 1986 Tax
Exchange Agreement and the city would lose the sales tax and
subvention revenue from Alameda eounty on an ongoing basis.
em. Burton recommended the council go through the items and take a
consensus.
Cm. Houston indicated all the requests made were valid and important,
and he realized that back in June when the budget cuts were made, the
Council made priorities. But now that the city had some money, he
would like to indicate some of his priorities and what he felt was
important. He would like to allocate more funds to the police
Department for the addition of two police officers. He felt the City
had the money and that it would be a prudent use of the funds. He
felt it would cost between $150,000 and $175,000. He wanted a report
brought back at a future meeting after the police Chief and the city
Manager had an opportunity to meet and discuss the cost and ways of
utilizing two additional officers. He also felt a' tax relief was
needed for the citizens and suggested that the city pay the Storm
Water Utility Tax. He wanted the tax repealed. He realized the tax
was federally mandated, and the city had to be a part of the program,
but since the city had the rooney, he did not want to put the tax
burden on the citizens. He felt the council tries to save money for
the citizens and earlier in the year Paul Rankin had done a great jOb
from the Waste Management aspect of saving money on the waste
collection in the city.
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eM - VOL 12 - 455
December 13, 1993
Regular Meeting
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Cm. Burton asked what else he wanted included from the rest of the
list presented by the city Manager.
Cm. Houston indicated that he wanted the two items added to the list
for consideration.
em. Burton felt there would not be enough money if some of the other
items were not eliminated from the list.
Cm. Houston realized there was only so much money, but these two items
of the pOlice officers ($175,000) and the storm Water utility Tax
($158,580) would roughly cost $333,000.
Mr. Ambrose stated the amount was $164,971 for the storm Water utility
Fee and that the fee was already on the tax roll for this year. He
further indicated that it was not a tax but a fee.
Cm. Houston felt that whether it was a tax or a fee was subject to
interpretation.
Mr. Ambrose responded that the legal interpretation was that it was a
fee.
Mayor Snyder stated that he totally disagreed with em. Houston. The
city did not tax people only when the city does not have money.
People are taxed when there is a reason and this is a fee for a
program that had been designed for years, based upon a federal
mandate. If the fee is not in place and the State does what it has
done in the past, how will the bill be paid. He did not feel the city
would have the funds to pay the fee. He felt the addition of police
officers should be discussed during the budget process so the Council
would understand what the costs would be in the future. He felt em.
Houston was taking a short sided look at what monies were available
today and was not looking at the long term affect in the future. The
council was supposed to be talking about restoring items, not adding
items.
Cm. Houston responded that priorities dictate that things change. He
would like Mr. Ambrose to study the two suggestions and bring back a
report to the council.
Mayor Snyder indicated in the spring would be the appropriate time to
review the possibility of two additional police officers.
Cm. Houston indicated that he had been told last year when he brought
up the utility assessment tax that the Council would have to wait
until November.
Cm. Burton felt the addition of police officers was worthy of
consideration but maybe the Council should look at the addition of one
police officer at a time. Things were getting tougher and people were
becoming concerned so it made sense, but it may not be entirely
workable.
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eM - VOL 12 - 456
Regular Meeting
December 13, 1993
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em. Houston requested that the city Manager and police Chief meet and
investigate the addition of two police officers.
em. Moffatt asked why the addition of two police officers could not be
looked at during the budget process.
Cm. Houston felt it kept getting rolled over. He felt it was a unique
situation. He stated the city had the money now and he had concerns
now. He didn't feel the council should wait until June. Do it now.
em. Moffatt asked if Cm. Houston could assure that the city would be
able to pay for two more officers a year and a half down the road.
em. Houston stated in a year or two the city would need to pay for it
whether you like it or not. It would be smarter for the city Manager
to deal with the need now.
Cm. Moffatt asked that facts be examined rather than opinions.
Cm. Houston stated the fact was the crime rate was up.
Cm. Moffatt responded that saying the crime rate was up could mean
there was one occurrence last year and two occurrences this year so
there is a 100% increase in crime.
Mayor Snyder felt to say the crime rate was up was not the way to talk
about crime in the community. Statistically, one needed to know what
the statistics mean. If there was one crime last year and there were
two this year, there was an increase of 100%, but that doesn't mean
that another officer should be put on the street. Perhaps the
officers the city has now are not being utilized in the right fashion.
Discussion of additional police officers belonged during the budget
planning process.
Cm. Houston made a motion, which was seconded by em. Burton to have
the city Manager and the Police Chief bring back a report as to the
feasibility of one or two additional pOlice officers and the storm
water utility fee be added to the list of services reinstated to the
Budget. The motion was defeated.
By consensus the council took the following action on service
restorations recommended by the City Manager.
ITEMS RECOMMENDED VOTE
FOR RESTORATION YES NO ACTION AMOUNT
Dry Grad Night/
Dublin Pride Week LH PM PS DB GH Reinstated $ 4,500
Crossing Guards NOT
(6 Months Only) LH PM DB GH PS Reinstated $19,746
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CM - VOL 12 - 457
Regular Meeting
December 13, 1993
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.
"
Mayor Snyder stated that was why he asked about salary increases
because the city had done none and the School District has and the
School District is continuing to negotiate.
ITEMS RECOMMENDED
FOR RESTORATION
VOTE
YES
NO
AeTION
AMOUNT
Private Tree Trimming
LH PM PS
DB GH
Reinstated $ 7,700
Cm. Burton asked if this involved private trees.
Mr. Ambrose responded that it was private trees that were blocking
stop signs and sidewalks. The trees would be trimmed for safety
purposes.
Replace sidewalk Trees
DB LH PM PS
GH
Reinstated $ 1,800
Cm. Burton felt safety measures dictated the replacement of sidewalk
trees; otherwise there would be holes exposed.
Mr. Ambrose indicated the holes would be filled with dirt, but it
would still leave an uneven surface.
Banner Installation for
eity Sponsored Events LH PM PS
DB GH Reinstated $ 1,500
Shrub Pruning LH PS
DB GH PM NOT
Reinstated $ 8,500
Cm. Moffatt asked where the shrub pruning was.
Mr. Ambrose responded that the bulk of the shrub pruning was along
Village Parkway and Amador Valley Boulevard section of sidewalk that
runs along the floodway channel and the parkway Baptist Church. There
is a narrow sidewalk that pushes people out into the street.
Cm. Houston asked if the council had cut a percentage of service
earlier. What percentage was cut?
Steve Loweree, Maintenance Supervisor, responded that it had been cut
about 50%.
Mayor Snyder stated it had originally been $25,800 and it was cut to
$13,150 so that now $8,500 was being recommended to be reinstated.
Cm. Houston indicated that he ran on that sidewalk every day and he
was able to get by so he voted no.
Mr. Ambrose responded that the sidewalk was okay now, but it had just
been trimmed about six weeks ago; so in three or four months, it will
have grown back.
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December 13, 1993
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ITEMS RECOKKENDED VOTE
FOR RESTORATION YES NO ACTION AMOUNT
Shannon Park Play
Fountain LH GH PM PS DB Reinstated $ 5,000
CTV eontribution
(partial) DB LH GH PM PS Reinstated $11,279
citizen Traffic
Studies LH PM PS DB GH Reinstated $ 6,000
Cm. Burton felt if it got serious, staff would bring it back to the
Council.
By consensus the Council took the following action regarding Other
Budget Requests for Council consideration:
1993-94 Reinstatement
of salary , eon tract
Labor Rate Adjustments DB LH PM PS GH Reinstated $51,400
em. Burton asked for clarification in regard to the employee salaries
reinstatement. He asked if all the salary ranges had been passed or
would this reinstatement stay within the range that had been approved.
Mr. Ambrose indicated reinstatement would mean staying within the
range in accordance with the city's current personnel rules that had
been approved and with pay increases made on the basis of performance.
Mr. Ambrose indicated if the Council approved reinstatement that Staff
would have to come back to Council because unlike other agencies that
give employees an increase at one particular time, Dublin City Staff
was reviewed throughout the fiscal year based upon their anniversary
date. The City Manager will come back to the council with a method
that would make any pay increases equitable as a performance pay plan
for everyone.
Cm. Burton asked if $51,400 was the cap.
Mr. Ambrose responded that $51,400 was the cap including City
employees, and contract employees for Taugher & Associates and MCE for
the last 6 months of the year.
Cm. Burton asked if it included two contracts at 3% for half a year.
Mr. Ambrose responded that MCE was 3% and Taugher & Associates was
approximately 3~%. Both contracts would have to come back to the
Council.
ITEMS CONSIDERED
FOR FUNDING
VOTE
YES
NO
ACTION
AMOUNT
Children's Theatre
Workshop
DB LH GH Request
PM PS DENIED
$10,000
eM - VOL 12 - 459
Regular Meeting
December 13, 1993
.
.
.
ITEMS eONSIDERED
FOR FUNDING
VOTE
YES
NO
AeTION
AMOUNT
Child Care Substitute
Teacher Registry
DB LH GH Request
PS DENIED
$ 3,000
em. Moffatt abstained on the vote due to a conflict of interest.
Crossing Guards
(Full Year Funding)
LH PM
Request
DB GH PS DENIED
$33,723
In summary, the budget adjustments for the service restorations, and
the salary and labor rate increases which were approved by consensus
earlier in the meeting totalled $37,779 and $51,400 respectively.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote, the Council approved Budget Adjustments as contained in the
Staff Report: Legal Services (+$145,000), Building Maintenance
(+$7,000), Police (+$27,100), Fire (+$8,900), Annual Overlay
(+$37,000), and Dublin Blvd Extension (SPRR to Tassajara Rd)
(+$12,000); authorized the Mayor to execute the Budget Change forms;
approved additional appropriations to the Planning Budget in the
amount of $75,650 and to the Parks and Recreation Master Plan project
in the amount of $10,000; and authorized the Consultant to complete
the Parks and Recreation Master Plan.
. . . .
OTHER BUSINESS
AUDIT COMMITTEE MEETING (310-60)
Mr. Ambrose informed em./s Howard and Houston that there would be an
Audit Committee meeting. The date was to be determined later.
* * * .
TRI-VALLEY LEADERSHIP MEETING (130-60)
Mr. Ambrose announced that there would be a Tri-valley Leadership
meeting sponsored by Supervisors Campbell and King on January 19, 1994
for the Tri-Valley Mayors and city Managers.
. . * .
QUARTERLY MEETING WITH THE ARMY (610-05)
Mr. Ambrose announced that Staff and he had attended the quarterly
meeting with the Army. There has been a formal change in command at
Camp Parks with USAR assuming command, but since USAR has no funding
at this time, it would be a paper command.
* . . .
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eM - VOL 12 - 460
Regular Meeting
December 13, 1993
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BART STATION (1060-30)
em. Houston asked about the BART station and the amount the parking
lot would hold. The EIR indicated 3,000 spaces and he wondered if
this was true.
Mr. Ambrose agreed the EIR indicated 3,000 parking spaces.
Mr. Thompson responded that it would depend if there were two stations
or if Eastern Dublin was the end of the line station. He would bring
an answer back to the Council in the future.
Mayor Snyder indicated that BART was behind on the design of the
parking lot.
. . * *
SCOREBOARD UPDATE (950-30)
em. Houston asked for an update on the scoreboard.
Ms. Lowart indicated that the vendor has proposed the location for the
scoreboard.
. . * .
BUSINESS TASK FORCE UPDATE (470-50)
Cm. Houston asked the status of the business group.
Mayor Snyder reported that all the appointments from the city had been
made. They were Ron Nahas, Jim Gallegus, Al Hunter, Bill Foster and
Susan Fuller. The Chamber has made three of their five appointments.
Mr. Ambrose and Bruce Kern from Alameda County Economic Development
have created a six month work plan. The report will be due in July.
Mr. Ambrose explained that the retailers were not able to meet earlier
than January due to the holiday season.
. * . .
SIGN REQUEST (400-30)
em. Burton indicated that Pat costello of Crown Chevrolet had been
given an ultimatum by Buick to put up a Buick sign. He is under the
gun and Cm. Burton hoped Staff would help expedite the sign request.
* * * *
Mayor Snyder announced that the second December Council meeting has
been cancelled and therefore, the next regular meeting will be held on
Monday, January 10, 1994.
* . . .
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Regular Meeting
December 13, 1993
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p
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CLOSED SESSION (610-70)
At 12:08 a.m., the Council recessed to a closed executive session to
discuss Pending Litigation, 1) city of Dublin vs. city of Pleasanton,
Case No. V-007073-9, Government Code Section 54956.9(a); 2) Butler vs.
city of DUblin, San Mateo County Case No. 385533, Gov't Code Section
54956.9(a); and 3) Siegertsz vs. city of Dublin, Case No. H-163069-5,
Gov't Code Section 54956.9(a).
* * * *
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 12:50 a.m.
. * * .
Portion of Minutes (Pages 449 thru 462) prepared by Sandie Hart.
Mayor
ATTEST:
city Clerk
* * * *
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