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HomeMy WebLinkAbout02-25-1991 Adopted CC MinutesREGULAR MEETING -'February 25, 1991 A regular meeting of the City Council of the City of DUblin was held on Monday, February 25, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:37 p.m., by Mayor Snyder. ROLL CALL PRESENT'. ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. None. * * * PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. , . , * PROCLAMATION THANKING OIL CHANGERS FOR GIFT TO CITY (610-50) Mayor Snyder read and presented a proclamation to Larry Reed, Chairman of the Board of Oil Changers thanking them for their check in the amount of $3,000 which was recently donated to the City to help purchase flag banners which will be displayed throughout the community to show our support for the troops in the Persian Gulf. RESOLUTION SUPPORTING AND COMMENDING THE MEN AND WOMEN ON THE FRONT LINES OF THE PERSIAN GULF WAR (610-50) Mayor Snyder advised that on February 11, 1991, the City Council adopted Resolution No. 18-91 in support of the men and women on the front lines of the Persian Gulf War. A suggestion was made to have a framed copy on view at Camp Parks in order that all the men and women who pass through that facility on their way to Saudi Arabia could see a sign of Dublin's support. Copies of the Resolution were also sent to local men and women who are serving in the war. Major Cook from Parks Reserve Forces Training Area accepted the Resolution and stated that Camp Parks has played an important part, as have many other military installations in the United States. Gestures such as this are very important to our soldiers. We are fortunate to have such a supportive community. Mayor Snyder also pointed out that a copy of this Resolution was sent to every service person who could be identified from the Dublin community. CM - VOL 10 - 62 Regular Meeting February 25, 1991 Kaleidoscope Activity Center (480-30) Mike Huckins with the Kaleidoscope Center stated he wished to make a request for future funding of CDBG monies in the future, specifically FY 1992-93 and 1993-94. They appreciate the $5,000 being recommended tonight later in the agenda, but stated they hope to be able to come back next year to request future additional funding. Kaleidoscope Staff, the President and parents were present to address the Council. Mayor Snyder stated that the item related to the CDBG funding (8.7) would be moved forward in the meeting and would be heard following the Consent Calendar. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of February 11, 1991; Approved an RFP to conduct a Needs Assessment Study for a Livermore- Amador Valley Multipurpose Arts Center (900-40); Accepted gifts of equipment donated to the City for use at the Senior Center by Dave Burton, Donna Smith and Ray Tillery and directed Staff to prepare a formal acknowledgment to the donors (150-70); Received the Fall Quarter, 1990, Recreation Report (950-50); Adopted RESOLUTION NO. 20 - 91 DECLARING INTENTION TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR CERTAIN PUBLIC STREET IMPROVEMENTS & AMENDING RESOLUTION NO. 75-90 (340-20) Accepted the January, 1991 Financial Reports (330-50); Accepted Fiscal Year 1989-90 Audit, Management Letter and Finance Director's responses (310-30); Authorized Staff to advertise Contract 91-02 Annual Street Overlay and Repair Program/Dougherty Road Bike Path for bids (600-30); Accepted improvements under Contract 90-07 City Entrance Signs/Park & Pool Signs; authorized $3,879.07 budget transfer to City Entrance Signs project from Park Signs project; and authorized final and retention payments of $10,412.85 to Collishaw Construction (600-30); Accepted a Status Report on the Alameda Countywide Transportation Plan (1060-80); Accepted the Final June 30, 1990 Financial Report (330-50); CM - VOL 10 - 63 Regular Meeting February 25, 1991 Approved Warrant Register in the amount of $1,677,483.93 (300-40); City Manager advised that Item 4.13, the Mid-Year Financial Review for Fiscal Year 1990-91 should be continued to the March llth Council meeting (330-50). Cm. Burton requested that the item dealing with the agreement for appraisal services be removed from the Consent Calendar for discussion. He questioned why a $16,000 budget item was being approved which did not go out to bid. Mr. Ambrose advised that the City's Purchasing Ordinance has exemptions for specific services. The Public Works Director dealt directly with the City Attorney's Office on this particular item and recommendation. Mr. Thompson advised that professional services are exempt. Mike Nave recommended this person as being very knowledgeable for these particular appraisals. Cm. Burton questioned why Mr. Nave was selecting the appraiser. Mr. Thompson stated that Mr. Nave will be the one that has to go to court if there are problems. He feels most comfortable with this particular person and we must look at the least possible cost to the City. Mr. Ambrose advised that certain people have experience in the area of cOndemnation. Mr. Nave is recognized as having expertise with condemnation cases, and this is a case where we must rely On the professional advice of our Attorney. If it is challenged, he will have to defend it. Cm, Burton indicated he was not satisfied that this explanation justified the action and felt that Staff was trying to rationalize. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by majority vote, the Council adopted RESOLUTION NO. 21 - 91 APPROVING AN AGREEMENT WITH HECTOR LESLIE FOR APPRAISAL SERVICES FOR THE DUBLIN BOULEVARD EXTENSION PARCELS (600-30) and authorized the Mayor to execute the agreement. Cm. Burton voted AG&INST this motion. Mayor Snyder pointed out that there would be further clarification of items such as this later in the agenda when the Council discusses proposed changes to the City's Purchasing Ordinance. CM - VOL 10 - 64 Regular Meeting February 25, 1991 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (480-30) Sr. Planner Carrington advised that since 1982, Dublin has participated in the Alameda County Urban County Housing and Community Development Block Grant Program. In May, 1990, the City entered into a City-County Cooperation Agreement for CDBG Program Years 1991, 1992 and 1993. In the current program year, CDBG funds were allocated: 1) Minor Home Repair - $7,700; 2) Arroyo Vista Soundwall Payback - $14,200; and 3) Dublin Senior Center Renovation - $19,900. It is estimated that the Senior Center renovation will exceed funds budgeted and a minor carryover will be required to cover the shortfall Roof repairs will be required to complete the renovation, with funds included in the FY 1991-92 application. Mr. Carrington advised that the estimated funds which will be available in the upcoming program year is $46,803. City Staff, Kaleidoscope Activity Center and the Dublin Housing Authority Staff have prepared applications for 3 eligible projects which include: 1) Dublin Senior Center Renovation - $9,225; 2) Kaleidoscope - $25,000; and 3) DHA Playground Equipment Installation Project at Arroyo Vista - $30,000. To equal the anticipated allotment of funds, Staff was recommending that applications be submitted: 1) Housing Rehabilitation - $8,797; 2) Senior Center Renovation - $9,225; 3) DHA Playground Equipment Installation @ AV - $23,781; and 4) Kaleidoscope - $5,000. Mr. Carrington advised that should the amount of CDBG fUnding vary, Staff would recommend that the amounts allocated to the DHA be increased or decreased accordingly. Cm. Burton questioned how we would use $8,797 for home repairs. Mr. Carrington advised that it goes into the Minor Home Repair Program administered by HCD. They give grants to individuals who meet certain income requirements. There are also other programs that provide loans. Cm. Burton questioned why the installation of playground equipment was so high. Mr. Carrington explained that he did not know the value of the equipment but Ms. Basgal advised that it was quite expensive. The reason for the high amount to install is that the site needs to be prepared. There is quite a substantial amount of landscaping work, etc., that needs to be done. Mayor Snyder questioned the use of funds identified as General Administrative. Mr. Carrington advised that these funds would be allocated to programs. CM - VOL 10 - 65 Regular Meeting February 25, 1991 Mr. Ambrose advised that it has been the City's practice not to rely on grant programs to offset Staff costs, but rather to allocate the administrative funds directly to the project. Mike Huckins with Kaleidoscope advised that the information sent to the City Council did not mention their specific needs. The total amount they need is $140,000. The current number of families from Dublin either using their services or waiting is approximately 20% of the total enrollment. Twenty percent of the needed $140,000 would be about $28,000. It is difficult for them to go to Pleasanton, being a Dublin-based program and ask for more money. Thankfully, they are generous in funding part of their programs. Larry Schilling addressed the Council and stated his son, Brian, has attended their program for about 1/2 dozen years. They support Kaleidoscope's expansion program. They are fortunate that they live in Dublin and Brian is able to participate at Kaleidoscope. They are concerned about families on the waiting list. It takes the support of many when you are dealing with retarded/handicapped people. Families go through a lot of struggles and have many needs. Priscilla Seblan advised that her son Cory goes to Kaleidoscope and is in his second year. They have been great for her son and she supports their proposal. Kris Stevens stated her daughter Denise has been in the.~program for approximately 9 years. She has been in a number of after school programs and they were unable to understand or take all the problems which her daughter has. Her daughter obtained social and community skills since she has been in the program. She was concerned about kids on the waiting list for services. Kim Locke, Program Site Director advised that they have over 30 families on the waiting list. It is very difficult to turn people away. There are 9 families from Dublin on the list. Joan Callahan advised that she moved here about 1 1/2 years ago so her son Justin could associate with his peers. Her 12 1/2 year old daughter, Tiffany is a volunteer. They have been on the waiting list for 1 1/2 years. Justin is very anxious to participate in this program. It is tough being 16 years old and unable to participate socially. She hoped the program will continue with the City's support. Karen A!ameida, president of the Board of Directors advised that she lives in San Ramon. She thanked the City for past support and indicated that Kaleidoscope has just begun their tenth year of programs in Dublin. Future funding will help them greatly. Mike Huckins passed out additional information and stated they are very pleased with the $5,000 and stated they would like to come back and work with Staff in Fiscal Years 1992-93 and 1993-94. CM - VOL 10 - 66 Regular Meeting February 25, 1991 Cm. Burton questioned where the difference of the $25,000 they were originally requesting was to be spent. Mr. Huckins explained that they will be purchasing adaptive equipment. The additional funding for which they are looking in the future is to provide a long term home for Kaleidoscope. Last July, they met with the School District and at this point in time they are at the commercial appraisal stage. Pending certain requirements, they will come up with an assessment for the property. Cm. Jeffery stated she thought the money was for expansion. Mr. Huckins advised that the $5,000 will be for adaptive equipment. Future funds will be for the facility. They are at the end of their current expansion phase. Cm. Moffatt questioned if they move, would it be within Dublin. Mr. Huckins advised that it would depend on where facilities were available. Their current site is ideal, being next to Kolb Park and just a few blocks from the retail center. Cm. Moffatt asked how many people they could currently handle. Mr. Huckins advised that they are licensed for 44, but they currently have 34 children. The intent is to expand to 15 more youth, with 8 being more challenged or developmentally disabled. Cm. Jeffery stated that Dublin is fighting now to get as much funding as possible, but she could see this funding being cut at the Federal level. We don't know what the dollar amount will be in the future, or they may be eliminated entirely. Cm. Moffatt stated that hopefully, the City will get this $46,000, but questioned if the City gets less, would the Council have an opportunity to reallocate the funds. Mr. Carrington stated that the County HCD has been informed that they estimate a certain amount of funds will be available. It should not vary much from this estimated amount. If it comes in much smaller, Staff will come back to the Council. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council directed Staff to submit applications for approximately $46,803 in CDBG funding for FY 1991-92. This funding would be allocated: 1) Minor Home Repair - $8,797; 2) Dublin Senior Center Renovation - $9,225; 3) DHA/Arroyo Vista Playground Equipment Installation Project - $23,781; and 4) Kaleidoscope Activity Center - $5,000. CM - VOL 10 - 67 Regular Meeting February 25, 1991 PUBLIC HEARING - OVERSIZE VEHICLE PERMITS ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 6.68 (650-80) Mayor Snyder opened the'public hearing. Public Works Director Thompson advised that AB 4228 became effective on January 1, 1991 which relates to oversize vehicle requirements. This new law states that loCal jurisdi longer allowed to require a bond as a condition of an permit except in circumstances where unusually large pose a substantial risk to public facilities. AB 4228 also prohibits a local jurisdiction from requ permittee submit a Certificate of Insurance with an ai endorsement and limits the amount of the insurance re~ which is required by the Public Utilities Code. Mr. Thompson adVised that the City Attorney reviewed Municipal Code and recommended that sections which de requirements be deleted. A modification to the sectii with the insurance requirement is also recommended. Cm. Moffatt asked Staff to explain the differences be and bond. Mr. Thompson advised that if the City felt there mighl to street lights, etc., Staff has been requiring a boi generally carried by an insurance company and it coul~ lawsuit _ Cm. Burton clarified that this is a State Law that law. No comments were made by the public relative to this Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, an. vote, the Council waived the reading and INTRODUCED a] amending Municipal Code Chapter 6.68 relating to over~ overweight vehicle permits. PUBLIC HEARING - PURCHASING AMENDMENT TO MUNICIPAL CODE TITLE 2 CHAPTER 36 (610-2 permit ~tions are no oversize vehicle Dr heavy loads iring that the ~ditional insured ~uirement to that ~he City's ~1 with bond Dn which deals ~ween liability be!some damage ~d. A bond is involve a changing our issue. by unanimous ordinance ize or Mayor Snyder opened the public hearing. Public Works Director Thompson advised that this proposed amendment came about as a result of difficulties in obtaining a qualified janitorial service. The existing Code requires that the formal competitive bid process be used for purchases or services with a cost in excess of $5,000. Janitorial service does not fall within any of the present categories of exempt items. The annual cost for CM - VOL 10 - 68 Regular Meeting February 25, 1991 janitorial service, excluding window washing and carpet cleaning, has been estimated in the range of $45,000 to $60,000. Mr. Thompson gave a brief history of the problems associated with janitorial service and explained that Staff felt that one of the problems involved the requirement that the contract be awarded to the low bidder. A firm will bid low to try to obtain the contract and then not be able to provide sufficient personnel to do the required work for that price. By amending the purchasing regulations, Staff felt that a contract could be successfully negotiated for janitorial services. A potential contractor would be provided with a scope of work, the desired appearance of the facilities, and an approximate budget, and asked to submit a proposal based on estimated manhours and hourly rates. With this method, items of work could be added or deleted during the term of the contract on the basis of known cost. This method would also allow the City to benefit from the contractor's expertise rather than dictating specific schedules for performance of individual items. The proposed amendment also includes sections which would allow the same process to be used in contraCting for other types of building maintenance (where permitted by the Public COntracts Code) and for street maintenance and street sweeping. Mr. Thompson explained that the intent of this change is not to eliminate competition for City contracts, but rather to allow Staff to negotiate With a potential contractor on the basis of ability to perform the work, as well as price, similar to the Request for Proposal procedure which is used with architects and other professional services. Cm. Burton stated he thought that normally, with these types of bids, you don't have to take the lowest bid. You can accept a higher bid if you feel the bidder can better serve your purpose. Mr. ThOmpson advised that you have to take the lowest responsible bid. Mr. Ambrose advised that the proposed amendment is similar to what Cm. Burton was suggesting. It will be on a negotiated bid basis. We have not had good janitorial services since moving into the Civic Center. Staff's intent is to keep the price element as one of the criteria, but not the only one. Cm. Burton felt we were writing the rule based on 1 experience, and this is not good public policy. Mr. Ambrose advised that Dublin's rules are a lot more restrictive than what is allowed under State Law. The Council established them and the Council can change them. It is the prerogative of the Council to do so. Cm. Moffatt asked if the proposed change would still be within the guidelines of the public projects rules. CM - VOL 10 - 69 Regular Meeting February 25, 1991 City Attorney Silver advised that this is an area that gets quite confusing. She explained "Public Project" as defined by State Law. The City Council can establish an Ordinance to deal with those projects that are not a public project, but over the $5,000 amount. It is a State Law that the award be to the lowest responsible bidder. This makes it difficult to determine who is and who isn't responsible. She stated she thought this had been a State Law for a number of years. Mayor Snyder closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance amending Title 2, Chapter 36 of the Dublin Municipal Code relating to purchasing. ALAMEDA COUNTY LEAD ABATEMENT PROGRAM (560-70) Building Official Taugher advised that the Alameda County Board of Supervisors recently approved, in principle, the Alameda County Health Care Services Agency's proposed Lead Abatement Program. The Board requested that several issues be resolved and the ACHCSA is currently addressing these issues. Mr. Taugher stated that the ACHCSA perceives that there is a serious threat to the children from lead poisoning. They propose to screen all dwelling units built before 1978 fOr lead sources. Within the County, approximately 438,000 dwelling units would be screened at a cost of $500 each. Mr. Taugher presented an analysis of the proposal and its effects on the City of Dublin, and stated that it was his opinion that very few pre-1978 homes have lead based paint. Based on the information presented, it appeared that the costs for treating 2.2 cases of lead poisoning per year would equal about $95,385. A special assessment of at least $10 per dwelling unit for at least 25 years is being proposed by the County. There are 3,578 single-family dwelling units and 160 multi-family dwelling units affected by the program with a minimum cost to Dublin residents of $934,500. In addition, property owners with lead contamination would have to pay all abatement costs over $1,000. Mr. Taugher stated his recommendation to the City Council is to request the County to do pilot studies to determine, on the basis of random sampling, how many dwelling units contain lead paint, prior to Dublin participating in the program. Cm. Jeffery stated she thought Mr. Taugher had indicated that a tax would be placed on lead based paint and she thought this was banned. CM - VOL 10 - 70 Regular Meeting February 25, 1991 Mr. Taugher clarified that a tax would be placed on all paint and that lead based paint had in fact been banned. He summarized that he felt this program was like shooting at a moving target. Rafat Shahid, Environmental Health Assistant Agency Director introduced Dr. CUmmings. Dr. Cummings stated she is a Board Certified Pediatrician and works with the Childhood Lead Poisoning Program. There is evidence that low levels of lead in blood may permanently damage a child's intellectual development. Lead is widely dispersed in our environment. To tackle this problem, they need to use many approaches. Existing sources will need to be identified and removed. The public needs to be educated and abatement issues addressed. The State Legislature has required that studies be done in areas of the State where there was a very high proportion of older homes. Cm. Jeffery questioned where else this type of a program had been done and also how the proposal started. Dr. Cummings stated she thought Alameda was the first county to use this approach to permanently deal with this problem. Cm. Moffatt questioned the use of zinc oxide. Dr. Cummings stated that the regulation that took lead out of house paint was only required of house paint. There is still lots of lead in other kinds of paint. Cm. Moffatt asked if there had been any studies done related to lead getting int© the food. chain. Dr. Cummings advised that there is a known amount of lead solder in cans imported from other countries. Also, soil can be contaminated, but it usually is at a very low level. Cm. Moffatt felt that if you consider the lead in fish, the lead in toxic land waste, etc., and you take these factors all together, the lead found in house paint will not be all that significant. Dr. Cummings stated they feel that lead in house paint is the primary source of lead poisoning. Cm. Howard questioned how they would go about removing the lead from all houses. Dr. Cummings advised that there are good and bad ways of removing the paint and she discussed various ways. Mr. Shahid stated he felt that the numbers presented by City Staff were taken out of context. There is currently no screening which advises how many cases there are. Symptoms are very vague. We don't know how many kids are impacted by lead. They are suggesting that we CM - VOL 10 - 71 Regular Meeting February 25, 1991 start somewhere. Whatever costs are paid by the City will come back to the City. All of the work will be done by local people. Cm. Jeffery questioned how many years before the problem would just go away with people repainting their homes. Mr. Shahid advised that painting over is not the solution. This program will look at ways to remove. This proposal started 10 or 15 years ago. The money disappeared because no one cared. Oakland ended the program and 90% of the children tested there were found to have high levels. Cm. Jeffery questioned the necessity to form another district, and asked whY it couldn't be done through the Health Department. Mr. Shahid explained that this is a very specific problem that has to start and end. It should not be put in with an existing district. The money will not be used except for the abatement of these specific conditions. Cm. Howard asked who would pick the houses to be screened, and also if it would be mandatory. Mr. Shahid advised that they will send questionnaires and select houses having children under 6 years of age. It would not be manda- tory, but people should be concerned about the safety of children. If lead is discovered~and the children are impacted, then they would be asked to start abatement. A mandate could be issued. This is on the books, but it is not funded. One of the Supervisors was concerned and felt there should be several tiers. They are not, however, considering this type of approach at this time. In order to be equitable, they must stick to one level of subsidy. Cm. Moffatt felt that since there will be an economic impact on the homeowner, some kind of a vehicle similar to a termite inspection should be used at the time of transfer of the property. Mr. Shahid felt that there would probably be very strong objections from the State for this because it would slow down the selling process. The asbestos situation of a few years ago was discussed. Mayor Snyder pointed out that if the houses affected had approximately a 55 gallon drum full of lead paint, this would have to be disposed of and would most likely have to go to a Class I disposal site. He stated he.found it very hard to support a program such as this and felt it would be a witch hunt for someone to come in and find lead in his house after 25 years. Cm. Jeffery felt this was premature and not enough good information had been collected. She felt the council should instruct Staff to present concerns to the Board of Supervisors, but knowing they have no money, perhaps we should not even suggest a pilot program. CM - VOL 10 - 72 Regular Meeting February 25, 1991 Cm. Burton felt this was a contrived house of straw set up by bureaucrats. Spending this amount of money is silly. We should not get involved. There are too many other things that need fUnding. He suggested the whole issue be dropped. Cm. Moffatt stated that if there were substantial figures to indicate this was of great Concern, he would like to know about it. We need more information and studies. Mr. Taugher questioned if the Council desired someone from Staff to appear at the Board of Supervisors meeting. By a consensus, Staff was directed to only send a letter expressing the Council's concerns to the Alameda County Board of Supervisors. Mr. Ambrose adVised that the City has the option to either be included or not. There may be other cities that might participate. INSTALLATION OF HANDICAPPED PLAYGROUND EQUIPMENT AT KOLB PARK BY DUBLIN-SAN RAMON LIONS CLUB (260-30) Mayor Snyder and Councilmember Moffatt each announced that they would not participate in the discussion or vote on this matter because of a conflict of interest in that they are both members of the Dublin-San Ramon Lions Club. They both then left the Council Chambers. Recreation Director LoWart advised that the Dublin-San Ramon Lions Club are proposing to install handicapped playground equipment at Kolb Park as a potential service project. The playground would, upon completion, be donated to the City. Ms. Lowart advised that the proposed location would be the southeast corner of Kolb Park, which is near the Kaleidoscope ActiVity Center. The playground would feature specially designed equipment that combines totally accessible barrier-free design with the latest innovations in physical, psychological, therapeutic and emotional play. The estimated cost for the playground equipment is $28,747. The surfacing to be used is "Fibar", at an estimated cost of $9,187. The Lions Club anticipates that all other materials necessary for construction of the playground will be donated. It is proposed that the project be divided into phases. Phase One would include site preparation and installation of 1/3 of the equipment. Phase Two would be to install the second 1/3 of the equipment and the surfacing. Phase Three would be to install the remainder of the equipment. The Lions Club is prepared to begin Phase One of the project this Spring. Ms. Lowart advised that costs to the City for site preparation and construction supervision have not been determined. A detailed cost estimate will be prepared in conjunction with the development agreement if the City Council agrees to proceed with the project. A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ CM - VOL ~0 - 73 Regular Meeting February 25, 1991 The Park & Recreation Commission reviewed the proposed project on February 12, 1991, and was supportive of the project and recommended that the Council give the project due consideration. Cm. Burton questioned what the site work to be done by the City would consist of. Ms. Lowart advised that the list was being developed now and it will be determined later how the City will be involved. Bob Trimble representing the Dublin-San Ramon Lions Club addressed the Council and introduced other members Dick Shephard, Bill Burnham and Danny Raymond. He stated that this group has a lot of good people who like to do a lot of good things. They have spent many thousands of dollars to help those less fortunate in the community. He relayed the story of how he came up with the idea for this type of a playground. They feel this project will make the community very proud. Children with no physical difficulties can also play on the equipment. Cm. Burton stated this is certainly a high achievement if they can put this together. It appears to be an outstanding project. Mike Huckins with Kaleidoscope stated that having this site for play would be ideal. Cm. Jeffery felt that what they are doing is a very fine'thing. This equipment will get a lot of use. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote, (Cm. Moffatt & Mayor Snyder abstained) the Council granted conceptual approval of the project and directed Staff to work with the Lions Club to develop an agreement which identifies the scope of work, the cost to the City and the specific responsibilities of each Party. REQUEST FOR AMERICAN FLAG PATCHES ON POLICE UNIFORMS & VEHICLES (610-20) Assistant to the City Manager Texeira advised that Councilmember Burton requested that the City Council consider placing American flag patches on Police uniforms and flag decals on Police cars. Ms. Texeira explained that the current Alameda County Sheriff's uniform includes an American flag tie tack as a standard item. The Sheriff's Office recently issued a directive stating they will not be changing their uniforms to include additional flag patches or pins. It may be possible, however, to amend the City's current agreement to modify the existing uniform. There are currently 28 uniformed Police personnel. The approximate costs to provide each uniformed employee with 4 flag patches would range from $112 to $224. The approximate cost to provide each uniformed Police employee with one American flag cloisonne type pin would be $44 - $110. Because Police vehicles are CM - VOL 10 - 74 Regular Meeting February 25, 1991 City owned, flag decals could be placed on the vehicles. The average cost for flag decals for the 7 marked patrol cars would be approximately $7 - $13. Chief Rose showed the Council one of the current tie tack flags used on the uniform. Cm. Burton stated we all hope the war will be over soon, but it is important that when the soldiers come back they see what we are doing. He realized that if it is against the rules, we won't do it. Any expression that we can make, we should dO it. For about $200, it would be obvious that the Police Officers are making a statement. If they don't want to wear patches, they won't have to, but he felt we should make them available. Mr. Ambrose advised that currently, the flag tie tack is part of the uniform when Officers are wearing a tie. Cm. Moffatt felt that an additional patch would be somewhat tacky. Mayor Snyder asked where a flag decal might be placed on a vehicle. Chief Rose advised that they are 7" square and could be put in specific locations on the cars, or on the bumpers, etC. Cm. Jeffery stated she thought this issue was settled already. She advised that she got a lot of calls over the weekend and some people believe Cm. Burton is supporting this in order to make a statement on the war. She felt that anything additional is inappropriate. This is not Berkeley. Since the Officers already wear a flag pin on their uniform, this is enough. Cm. Burton responded that it is her right to say she feels it is wrong to have an American Flag patch on the uniforms. Cm. Burton made a motion for Staff to negotiate with the Sheriff's Department to have optional patches on the uniforms and for decals for the cars. This motion died due to lack of a second. Cm. Moffatt stated the flag is free and should waive. miniature flags to the Councilmembers. He presented Cm. Burton made a motion~to have decals placed on the cars. This motion also died .due to lack of a second. BOOKING FEES SB 2557 - JPA TO SECURE LEGAL SERVICES (600-40) Assistant City Manager Rankin advised that in January, the Alameda County Board of Supervisors enacted fees in accordance with SB 2557. SB 2557 authorized the Collection of Property Tax Administration Fees and Jail Booking Fees. The City Council has objected to the CM - VOL 10 - 75 Regular Meeting February 25, 1991 collection of these fees and has supported legislation to repeal the law and provide a replacement revenue source. Mr. Rankin advised that the Alameda County Managers Association recognizes that all of the cities are questioning the legality of the action taken by the Board of Supervisors. Dublin's main issue involves whether it is legal to retroactively charge booking fees, since SB 2557 was not effective until January 1, 1991. A proposed Joint Powers Agreement would provide a mechanism for a single legal action to be filed as well as.to develop a cost sharing formula. The proposed agreement provides that 20% of the legal costs would be associated with the "retroactivity" issue and it has been proposed that costs be shared based on the agency's assessed valuation as a percentage of the total assessed valuation for all participating agencies. The agreement identifies the establiShment of an Administrative Committee consisting of the City Managers from Oakland, Piedmont and Pleasanton, the Police Chief from San Leandro and the Finance Director from Fremont. The Committee will also be responsible for the selection of legal counsel to bring forth the suit. It is anticipated.that all agencies will deposit monies billed by the County for the subject fees, into an escrow or similar account and the monies would be distributed to either the County or the cities, depending on a final judgment or settlement. Mr. Rankin stated that he anticipated that the City of Dublin's cost would be about $276. The actual cost will be affected by the number of participants and the extent of the litigation. Mr. Rankin advised that several legal challenges to SB 21!557 have been initiated throughout the State. Senator Boatwright introduced a bill which would repeal the legislation and provide replacement funding. Because of time limits in filing a legal claim, City Council action is required prior to the development of the final JPA. Staff did not anticipate that changes to the draft will be significant. Cm.'Burton stated he felt this was a good investment. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council authorized the Mayor to execute the JPA on behalf of the City of Dublin. The Final Agreement shall be substantially in the form of the Draft Agreement presented. ESTABLISHMENT OF NEW POSITION - COMMUNITY SAFETY ASSISTANT (700-30) Assistant City Manager Rankin advised that in 1984, a part-time Crime Prevention Assistant position was established. The duties of this position included coordinating various community crime prevention programs, including the neighborhood watch program and community safety programs. Prior to filling this currently vacant position, Staff analyzed the current needs in providing community programs, and CM - VOL 10 - 76 Regular Meeting February 25, 1991 based on this analysis, Staff is proposing a modification to this position. Mr. Rankin discussed Staff's recommendation to create a full time position entitled Community Safety Assistant. Proposed job duties were listed in a job description and include crime prevention activities as well as disaster preparedness duties. The new position would formally be supervised by the Assistant City Manager, although Police services would continue to supervise this position in the day- to-day tasks associated with crime prevention program duties. Mr. Rankin advised the steps necessary to establish a new position. These included adding the position to the City's Classification Plan and Salary Plan for Full-Time Employees, as well as adding to the 1990-91 Position Allocation Plan. Cm. Burton asked when someone would be on board. Mr. Rankin stated the estimated time in the budget request assumes that someone would be on board by May 1st. Mr. Ambrose stated it is very unusual for Staff to bring a request such as this to the Council mid-year, but we are at a critical point. This type of a position will give us flexibility with both crime prevention and disaster preparedness. Costs were kept at a minimum in the past because of the limited number of hours that Mr, Leach worked. Cm. Moffatt felt this was a good marriage of responsibilities. Bill did a great job, but we need someone to take over these additional duties. He suggested that we might be able to tie into Camp Parks to feed and house some people in the event of a disaster. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 22 - 91 AMENDING THE CLASSIFICATION PLAN (Add Community Safety Assistant Position) and RESOLUTION NO. 23 - 91 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES and approved the revised 1990-91 Position Allocation Plan, and authorized a budget transfer from the Police Personal Services budget to the Disaster Preparedness budget. CM - VOL 10 - 77 Regular Meeting February 25, 1991 ANNUAL TRAFFIC SAFETY REPORT (590-90) Chris Kinzel with TJKM advised that since 1987, Staff has prepared an annual Traffic Safety Report which identifies locations where a significant number of traffic accidents have occurred in the previous year and in which Staff makes recommendations for possible improve- ments. The Traffic Safety Report is combined with a "downtown intersection monitoring" report. The statistical portion of the report was reviewed. Even though a total of 251 accidents were reported in 1990,'this is the lowest number since 1985. Accident totals show a downward trend even though traffic volume has increased. There was a 10% drop last year in the number of traffic accidents. Ten locations were discussed in the Report as having had more than 5 accidents. These locations were: 1) San Ramon Road between Alcosta Boulevard and Shannon Avenue; 2) Dougherty Road and Dublin Boulevard/Scarlett Court; 3) Regional Street and Dublin Boulevard; 4) Dougherty Road and Sierra Lane; 5) Village Parkway and Dublin Boulevard; 6) San Ramon Road and Dublin Boulevard; 7) san Ramon Road and Amador Valley Boulevard; 8) Village Parkway and Amador Valley Boulevard; 9) Dublin Boulevard and Amador Valley Boulevard; and 10) Dougherty Road and 1-580 Westbound Offramp. Staff discussed various recommendations for improvements, as well as the costs associated with each. Cm. Moffatt stated he would support some kind of signage saying that both lanes may turn right on Dublin Boulevard @ Dougherty Road. Another problem is that some drivers cut that corner at. the BP Service Station. He questioned if the Dougherty Road/I-580 intersection was in Pleasanton. Mr. Ambrose advised that the second signal is in Dublin. In 1983, when the signals were installed, we had to get a timing agreement when both signals became operative. Mr. Kinzel advised that they are trying to reduce the visibility of the second light when Car§ are coming off the freeway ramp. He also advised that it is against the law in some cities to cut corners in order to avoid a signalized intersection. Mayor Snyder advised that his son was cited for that exact same thing 15 years ago. Ms. Silver advised that the City must enact an Ordinance prohibiting this. Ms. Russell with the Public Works Department advised that she thought the City had adopted this provision. Mayor Snyder indicated that a lot of people make a right turn on a red light from the left lane at Dublin Boulevard/Dougherty Road. CM - VOL 10 - 78 Regular Meeting February 25, 1991 Mayor Snyder advised of another situation causing great concern. West bound to south bound motorists from Dublin Boulevard to San Ramon Road continue to go through the intersection after the light has turned red. This is a terrible situation. Mr. Kinzel advised that this has come up before and the timing of the red light needs to be examined. Mayor Snyder felt that better delineatiOn needs to be done on the north bound to west bound lanes at this intersection. Chief Rose advised that this is a very difficult intersection from an enforcement standpoint. OTHER BUSINESS Agenda Procedure (610-10) Cm. Jeffery stated she wished to advise the new Councilmembers that it is polite procedure to run items past other Councilmembers before placing them on the agenda. Graffiti (830-50) Cm. Burton had information related to the prevention of graffiti and asked if this is a problem in Dublin. · , Mr. Ambrose advised that we have been very fortunate and graffiti is not that much of a problem, at least at the present time. Upcoming Meeting Reminders (610-05) Mr. Ambrose reminded the Council of the Goals & Objectives Meeting on February 27th at 7:00 p.m., and the West Dublin Joint Planning Commission/City Council Study Session on Thursday, February 28th at 7:30 p.m. Also, on Friday evening March 1st, the Tri-Valley Transportation JPA will be signed. A Tri-Valley Joint City Councils meeting will follow where there will be a presentation by Bay Vision 2020 at 7:30 p.m. This will be at the San Ramon Marriott Hotel. CM - VOL 10 - 79 Regular Meeting February 25, 1991 Flag Banners (585-90) Mr. Thompson advised that he hoped to get the new flag banners in on Wednesday. If they come in, they will go up immediately and Staff will mix and alternate them with the St. Patrick's Day banners. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:37 p.m. ATTEST: CM - VOL 10 - 80 Regular Meeting February 25, 1991