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HomeMy WebLinkAbout01-25-1993 Adopted CC MinutesREGULAR MEETING - January 25, 1993 A regular meeting of the City Council of the City of Dublin was held on Monday, January 25, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. None. * * * PLEDGE OF ALLEGIANCE (610-20) Three Boy Scouts and their leader, Bob Fasulkey from Troop 905 led the Council, Staff and those present in the pledge of allegiance to the flag. * * * CUSTOMER SERVICE AWARD FOR FEBRUARY (150-90) City Manager Ambrose presented the February Customer Service Award to Rebecca Hopkins, Recreation Specialist. UPDATE ON CITY SONG CONTEST (120-50) City Clerk Kay Keck advised the Council that as a result of publicity related to the City song contest, she had received several inquiries. As of 5:00 p.m., today, a total of 7 people have expressed a desire to compete. Ms. Keck stated if the Council concurs, all the participants would be invited to present their songs in a format suitable for judging by the Council at the second Council meeting in February. If a winner is selected that evening, it will give the person whose song is selected ample time to finalize the song and to prepare to either perform the song or have it performed during the St. Patrick's day festivities on March 13th. Cm. Moffatt expressed a desire for each of the Councilmembers to judge the individual songs on a 1 to 10 basis. The Council concurred with this method of judging. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the timing and format for judging the City song contest. * * * CM - VOL 12 - 43 Regular Meeting January 25, 1993 Christmas Tree Recyclinq by Boy Scouts (810-60) Bob Fasulkey, leader of Troop 905 stated at the end of 1992, the City Council authorized money to be spent for the Christmas Tree recycling program. Approximately 1,600 trees were recovered in Dublin. This equaled 160,000 cubic feet of trees, compressed to 1,000 cubic yards that would have gone to the landfills. It would have cost the City $7,750 to dispose of the trees. Matt Freeman, a new Eagle Scout presented the City Council with a proclamation from the Boy Scouts which recognized the City of Dublin for assisting with the Christmas Tree Program. Mr. Fasulkey stated they were looking forward to next years program. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of January 11, 1993 (with correction noted on Page 5); Adopted RESOLUTION NO. 17 - 93 EXEMPTING THE DUBLIN-SAN RAMON SENIORS, SENIOR CALIFORNIANS OF DUBLIN-SAN RAMONAND SHANNON SENIORS DANCE CLUB FROM FEE SCHEDULE FOR USE OF SHANNON COMMUNITY CENTER (210-20) Received the City Treasurer's Investment Report as of December 31, 1992 (320-30); Adopted RESOLUTION NO. 18 - 93 RECITING THE FACTS OF THE SPECIAL. MUNICIPAL ELECTION HELD ON JANUARY 5, 1993, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS ARE PROVIDED BY LAW (630-10) Received a report of options available for waste oil recycling and agreed to defer the implementation of any City initiated program until the effectiveness of the County sponsored Hazardous Waste FaCility in Livermore is evaluated (810-60); Received a report on the status of the General Plan and progress in its implementation, inCluding the progress in meeting its share of regional housing needs (420-30); · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 12 - 44 Regular Meeting January 25, 1993 Adopted RESOLUTION NO. 19 - 93 APPROVING A SAFETY-RELATED IMPROVEMENT PROJECT AND DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING (1060-90) Adopted RESOLUTION NO. 20 - 93 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) Adopted RESOLUTION NO. 21 - 93 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 TRACT 4719 (360-20) Adopted (with Cm. Burton abstaining) RESOLUTION NO. 22 - 93 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 TRACT 5511 (360-20) Approved Warrant Register in the amount of $1,515,572.08 (300-40). Cm. Moffatt questioned the expenditure on the Finance Report for Vector Control which showed to be 271% during the current period. City Manager Ambrose explained that the City annexed to the Vector Control Assessment District so that this year, there should be no charges. Last year we contracted for the service and the 4th quarter billing came in after we closed the books. This was a late billing, and stands out because we have nothing budgeted this year. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the council received the December, 1992 Financial Report (330-50) . * * * WRITTEN COMMUNICATION-REQUEST FOR STOP SIGNS ON VILLAGE PARKWAY @ HASTINGS WAY & STAFF RECOMMENDATION FOR REMOVAL OF CROSSWALK (590-40) Public Works Director Thompson presented the Staff Report and indicated that the Traffic Safety Committee recently received a request for stop signs on Village Parkway @ Hastings Way. The TSC recommends against installing stop signs at this location, as the warrants for all-way stop signs have not been met. The TSC is further recommending that the existing crosswalk be removed, as controlled crossings exist within a short distance in either direction. Many CM - VOL 12 - 45 Regular Meeting January 25, 1993 pedestrians, and particularly children, tend to feel that a crosswalk provides protection and security against oncoming'traffic and may therefore not look as carefully for approaching vehicles. Cm. Burton questioned if the City's exposure is increased if someone gets hurt in a crosswalk. City Attorney Silver advised that it would not affect the City's liability. Cm. Burton asked if there had been any recorded accidents at this location. Mr. Thompson advised not lately. Mr. Ambrose clarified and discussed the fact that there is still exposure to the City. Mayor Snyder asked if it would be appropriate to put a sign up letting people know they should not cross there. Cm. Burton questioned how the crosswalk would be removed. Mr. Thompson stated it would be sandblasted or ground off. A black slurry could also be put over it. Cm. Burton felt it would be a worthwhile idea to stencil on the sidewalk that this is no longer a Crosswalk. Mr. Thompson stated he would take a look to see exactly what we can do. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council denied the request for stop signs and authorized Staff to remove the crosswalk and existing pedestrian crossing signs and legends from Village Parkway @ Hastings Way. PUBLIC HEARING REPEAL OF MANDATORY GARBAGE SERVICE ORDINANCE (810-20) Mayor Snyder opened the public hearing. Assistant City Manager Rankin advised that in accordance with Council direction, Staff had prepared the necessary documents which would repeal the Mandatory Garbage Ordinance which was adopted on January 27, 1992. It was pointed out that it is anticipated that future increases to residential garbage rates will be required. This will be caused by two factors: garbage company added expenses for uncollectible accounts and reduCed subscribership. The City will also receive less revenue from Franchise Fees and Administrative Fees if there is reduced subscribership. · · · · · · I · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 12 - 46 Regular Meeting January 25, 1993 Mr. Rankin stated that the Council also directed Staff to plan for implementation of a program to collect fees for the curbside recycling program and Citywide quarterly garbage pickups on the property tax bill. The City cannot enact property tax levies until Fiscal Year 1993-94. Mr. Rankin advised that once the Ordinance repealing mandatory service becomes effective, the garbage company will utilize the practice of discontinuing service when an account becomes delinquent. Delinquent amounts may be pursued by the garbage company through a collection company.~ In the event that any amounts are determined by the company to be uncollectible, they will be written off as an operating expense pursuant to the franchise agreement. In essence, this cost will be paid for by the ratepayers. Cm. Moffatt indicated in the Ordinance there was no indication that certain fees would be put on the property tax bill. Mr. Rankin advised that this will be a separate assessment that the City Council will do in May or June of this year. Mr. Ambrose stated the assessment doesn't have to be done by Ordinance. Cm. Burton stated with regard to the timeframe, we have a contract now that expires in March, 1996, so we are stepping in between contract years. He asked if we have a fee schedule that goes all the way to 1996. Mr. Rankin stated the recycling fee is whatever the CPI adjusts to annually. The other rates are based on the review by the JRRRC. Cm. Burton asked if we go for an assessment on the tax bill, would it be effective in July He thought the Ordinance would take effect immediately. Mr. Rankin stated the way Staff envisioned it was that the Ordinance would be introduced and then adopted at the next meeting and it then becomes effective 30 days later. Right now, Staff doesn't have a way to recover costs. Cm. Burton stated if it is passed, it will become effective in March, 1993 and the tax will become effective in July, 1993. He asked if there would be an advantage to coordinating the dates. Mr. Rankin stated in those cases where people are not paying, the amounts will just increase. Cm. BurtOn advised that the garbage bill will be lowered when the fees go onto the tax bill. Mr. Ambrose clarified that the overall garbage bill will go up. Mayor Snyder stated the total bill will go up by $ .30. · · · · · · · · · · · · i · · · · · · · · · · · · · · · · · · · · · · CM - VOL 12 - 47 Regular Meeting I January 25, 1993 Cm. Burton stated he was simply trying to get across the point that people will be paying 2 different ways. They will pay their garbage bill and through their property taxes. Mayor Snyder stated the $ .30 increase is because the City Council is not willing to address the deadbeats. Cm. Burton stated he doesn't want the City in the collection business and putting on liens. No members of the public gave testimony related to this issue. Mayor Snyder closed the public hearing. Cm. Moffatt advised that people had called him to say that the Ordinance is a good thing to have because it keeps the City clean and that we should maintain the mandatory service. He did not feel, however, that the City should be putting liens on homes. The increase of business which is created should create a great profit for LDD and therefore, they should be able to take those added profits and put it into putting liens to collect their bills. He did not feel the City should be in a position of collecting bills for other folks. We should .liberalize some of the concepts of exemption such as vacant houses should not be charged for service. The other area is people who are below the poverty level. Consideration should be~given to an adjusted rate to take into account some of the people who cannot pay the $6 per month. He stated he would have to vote against repealing the Mandatory Garbage Service Ordinance. He would like it modified, however. Cm. Houston stated he was concerned with the Staff time, City Council time and public time for additional public hearings to see if someone is exempt to'cut peoples bills. It is a waste of time to deal with this every other week. Cm. Moffatt stated he had in mind that the Council could have a policy on exemptions that Staff could handle. Cm. Burton stated he agreed with certain portions of Cm. Moffatt's comments. We have plenty of laws to keep people from leaving garbage around. We are trying to structure a whole big bureaucracy around this. We should get out of the business. Trying to force people from doing it the way they want is not appropriate. Cm. Moffatt stated he felt that mandatory garbage is like a condition of the Property Maintenance Ordinance. This Ordinance has caused a lot of pride in the City. Mayor Snyder stated he supported part of this, but for different reasons. His standpoint comes from having to work with AB 939 requirements. CM - VOL 12 - 48 Regular Meeting January 25, 1993 Cm. Houston stated garbage business is a heavy fixed cost business. He asked why we didn't make it mandatory for everyone to have cable television. Mayor Snyder responded that that is fluff; this is required. The State says we have to get a handle on this. He apologized for Staff time that was spent on this. Cm. Burton made a motion, which was seconded by Cm.'Houston to waive the reading and introduce the Ordinance repealing the Mandatory Garbage Ordinance. The motion failed due to a majority of no votes cast by Cm. Howard, Cm. Moffatt and Mayor Snyder. Mayor Snyder asked if we still needed to split the fees and put some on the property tax bills. Mr. Rankin stated it doesn't make sense to do this now. Direction was requested on whether Staff should bring back the Administrative Fee for discussion. Mayor Snyder stated he felt we had to. Cm. Houston stated some cities have a minimum service of one can on the tax bill. Mr. Rankin advised that this was the case with Union City and San Leandro. Dublin currently has 85 super recycler subscribers. Mayor Snyder stated Staff should bring back a concept like Union City and San Leandro use. Staff should just present their Ordinances for Council review. Cm. Rankin questioned direction on current delinquencies up to this point through June. He asked if LDD should pursue them through a collection agency. Cm. Moffatt indicated because of the extra business that is created, this would more than pay for it. Cm. Houston questioned the deficit rate as of this time. Mr. Rankin stated without last quarter billings, there were 97 addresses with varying subscriber rates that showed delinquencies. Mayor Snyder stated there is a point where it just doesn't make sense to follow up and to just write it off. Cm. Houston asked Staff to just work with the garbage service to see what can be done. Mr. Rankin pointed out that they were talking about a 1 1/2 year time period. The Mandatory Garbage Ordinance says the company has to continue to provide service even though people don't pay. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · CM - VOL 12 - 49 Regular Meeting January 25, 1993 Mayor Snyder requested that Staff bring back the costs so the Council can make a decision. Cm. Moffatt stated he would like to see some alternatives on exemptions and collections and also that he has an aversion to the City getting into collections. RESIDENTIAL CURBSIDE RECYCLING PROMOTIONS PLAN (810-60) Management Assistant Bo Barker presented the Staff Report and advised that experience has shown that the amount of recycling collected is due to market conditions, consumer preference, and convenience more than being due to any promotional activity. As an.attempt to set foundations for long term participation, as well as stimulating short term participation levels, new promotions are being proposed which include Earth Day Tree Planting, a School Curriculum Program, and a Recycling Contest whereby through a drawing, winners would receive a U. S. Savings Bond. The Earth Day Planting Trees proposal has been deferred in the past due to water shortages. Shortages this year will be addressed by attempting to place the trees in areas which are currently watered and which would not need any additional maintenance. Staff and LDD propose to meet with School District officials to organize lesson plans developed by a consultant hired by LDD which will be effective as a real learning tool for the young people in Dublin, as it is believed that school children are the recyclers of the future and tend to have an impact on parents who are not currently recycling. The recycling contest would be set up on a monthly basis, with the City Clerk drawing the 5 winners each month. A key aspect in making the promotion successful is the extent to which there is press and publicity around the program. No employees of Oakland Scavenger, Livermore-Dublin Disposal or the City of Dublin would be eligible to win. The award of the Savings Bonds would be made at City Council meetings. Cm. Moffatt stated he felt this was a great and innovative idea and also an opportunity to get the idea across to many of the citizens regarding the importance of recycling. He was certainly in favor of trying this out. Cm. Houston asked if there was funds allocated for this program and where the money comes from. Mr. Barker stated that under the contract with LDD, they are required to spend a certain amount on promoting recycling from the rates. Cm. Burton stated it makes a lot of sense. CM - VOL 12 - 50 Regular Meeting January 25, 1993 Mr. Rankin advised that the starting time would be in April. Mayor Snyder asked if there would be new money generated next year to take care of the $24 carryover. Mr. Rankin advised that the amount is the same in future years. amount continues for the remainder of the contract. The Cm. Burton questioned how people who just leave newspapers out will be able to participate. Mr. Rankin clarified that the coupons will be in the billing and then people can put them out once each month with their recyclables. Five winners will be drawn each month. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council approved the Livermore-Dublin Disposal's proposal to implement new programs to promote residential curbside recycling. RECOMMENDED PROJECTS FOR APPLICATION FOR FUNDING WITHIN THE ALAMEDA COUNTY CONGESTION MANAGEMENT PROGRAM (1060-90) Public Works Director Thompson advised that the Congestion Management Authority Staff has requested application for transportation projects to fill five different programs that the CMA either controls or deals with. Staff recommended funding: I. Regional Transportation Improvement Program (RTIP) - Support for funding the West Dublin BART Station (BART will be the lead agency requesting funding). II. Federal Surface Transportation Program and Congestion Mitigation and Air Quality Program. For guaranteed distribution Dougherty Road Improvements of $203,550 and required City matching funds $26,450 for total project cost of $230,000. For competitive distribution $339,000 for installation of 3 traffic signals on Village Parkway, and $2,355,000 for the Dublin Boulevard widening from Donlon Way to Village Parkway. III. AB 434 Program for the 40% Dublin share - $14,701 for staff and materials to help fund Dublin's Trip Reduction Ordinance. IV. Projects for Maintaining or Improving the Level of Service for the Congestion Management Program Network. Dublin's proposed list of projects would help alleviate congestion on 1-580 and on 1-680. V. Project Study Report Priority List - Support for Project Study Report to be done by Caltrans on the 1-580/San Ramon off-ramp and on-ramp improvement. Cm. Moffatt asked if there was any specific timeline on getting this information back to the CMA. There might be some modifications to the TVTC plan and Contra Costa County may want to participate in some of the funding. Mr. Thompson stated the information has to be in by 5:00 p.m., on February 2nd. CM - VOL 12 - 51 Regular Meeting January 25, 1993 Cm. Burton asked if there was any new developments on the 1-580 and 1-680 hook ramps. Mr. Thompson stated Staff had been meeting with the 1-580/I-680 committee on a monthly basis. At the last meeting,~ it looked like they had some design savings which would allow them to build the hook ramps. They still don't have the matching money for the total project. Staff has been telling them not to look to the cities to come up with the money. They are just going along doing the design. We might be able to use the right-of-way the City and the Eneas agreed on this might be used as a local match for whatever the value is. Mayor Snyder stated some additional funds were authorized for Mr. Gilardo to spend some time in Washington, D.C., to work on this and to secure some funds for it. He particularly identified the Dublin situation in his request. Cm. Moffatt asked if there had been any discussion on what the AB 434 recommendation related to the Trip Reduction Ordinance would entail. Mr. Thompson stated what was approVed in the existing budget was about $33,000, plus we have received $10,000 this year. We haven't spent all the money this year. We will probably try to cut our program back next year. The way things are looking, a lot of programs will have to be "pay as you go". On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved Staff's recommended project list for CMA funding. OTHER BUSINESS Cable Television Regulations (1050-20) Mr. Ambrose advised that the city had received a fax after publication of the agenda from the League of CA Cities related to Cable TV. The LOCC will be submitting comments to the FCC regarding cable rates during the next week. If the City is interested in responding, we need to fax our comments right away. Budget (330-20) Mr. Ambrose advised that the League of CA Cities had put out a report on the impact of the Governor's Budget on our revenues. Dublin's impact will be about $826,000. He requested that at the next regular Council meeting, Staff be directed to bring back a brief discussion and get some policy direction from the City Council regarding what alternatives to pursue. The impact on our budget is very significant. Depending on the Council's policy, it could greatly impact how Staff puts the budget together. CM - VOL 12 - 52 Regular Meeting January 25, 1993 Cm. Moffatt asked if there was still viable information from the exercise that the City went through last year when cuts were made. Additional cuts were identified. Mr. Ambrose stated they will not be enough. In addition, there is a new Councilmember who did not participate in prioritizing the items. There needs to be some basic decisions regarding what direction the Council wants to move and policy. Some City departments might not even be able to survive at all. Cm. Burton asked if the $800,000 figure was realistic. Mr. Ambrose stated a League legislative analyst is disputing this number. The Governor's Staff has consistently underestimated the problem in the last several years. There is a lot yet to be negotiated. Cm. Moffatt stated when we hit these fiscal problems, we start thinking we have to cut things out. If we could increase our revenue by 10% more effort, it might create 100% more return. We could look at ways to help businesses. Mr. Ambrose stated this is what he wants to discuss with the City Council on February 8th. The 3 options are: 1) increase revenues; 2) cut services; or 3) use reserves. This is not a management issue, but rather a policy issue. Staff needs direction as this is an extremely serious time for the City. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:55 p.m. ATTEST: CM- VOL 12 - 53 Regular Meeting January 25, 1993