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HomeMy WebLinkAbout4.01 Draft Minutes 10-01-1996 REGULAR MEETING - October 1, 1996 A regular meeting of the Dublin City Council was held on Tuesday, October 1, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:00 p.m., by Mayor Houston. . ----............. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None ------.--............... PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ----_.......----." PROCLAMATION ON CRIME PREVENTION 6:01 p.m. 3.1 (610-50) Mayor Houston read and presented a proclamation to Police Chief Rose declaring the month of October, 1996 as "Crime Prevention Month". .: Police Chief Rose thanked the Council for their support of the Dublin Police Services. .. SPECIAL RECOGNITION OF DUBLIN POLICE OFFICER 6:02 p.m. 3.2 (580-30) Officer Bruce Rank of the Dublin Police Department was recognized as Young Country's "Cop of the Week." Officer Rank had been nominated by one of Young Country 93.3 FM's listeners for the positive impact he had made on her life and his contribution to our community. She presented Officer Rank with a plaque and a teeshirt and the comment that he was one of the best cops the City had out there. Police Chief Rose indicated the recognition was special because it came from a member of the community and from a local radio station. Officer Rank stated he was pleased and flattered and wanted to thank the Council for taking the time for this recognition at the City Council meeting. .............................+................---........' .. CITY COUNCn.. MINUTES VOLUME 15 REGULAR :MEETING October 1, 1996 PAGE 472 RESOLUTION COMIv1ENDING LELAND J. HORNER 6:04 p.m. 3.3 (610-50) Mayor Houston read the resolution commending Leland J. Horner for his service to the .'" Tri- Valley. Cm Burton indicated that he has known Mr. Horner since the 70's. He felt he was a straight forward person and he was pleased to know him. He indicated he was also a Rotarian. On motion of Cm. Barnes, seconded by Moffatt, and by unanimous vote, the City Council adopted RESOLUTION NO. 113-96 COMMENDING LELAND J. HORNER FOR HIS SERVICE TO THE TRI - VALLEY COMMUNITY ..........................,.~~...............,.......,., Complaint about Noise (530-35) Floyd Travez, 7444 Stagecoach Road, indicated he has lived in Dublin since 1970. He wished to complain about a neighbor's noise level. The neighbor had a band practicing in his garage and he could feel the vibrations through the wall. He has complained to the local Police. He would like to see a change in the Noise Ordinance. . Police Chief Rose stated that the Police Services would need to research the complaint to see how the law would apply. Officers have been to the site and determined it was borderline as to whether the noise level violated the Noise Ordinance. He indicated that the Police Services could take a look at the Noise Ordinance, as well as the Penal Code, but that this man would need to pursue the complaint 100%. Mayor Houston suggested the Police work with the neighbors to see if a solution could be reached. ...........................'+............................' CONSENT CALENDAR 6:12 p.m. On motion of em. Burton, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved Minutes (4.1) of Regular Meeting of September 17, 1996 (Cm. Barnes abstained) and Adjourned Regular Meeting of September 23, 1996; CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1,1996 PAGE 473 .. Accepted (4.2 600-30) improvements constructed under Contract 96-05A and authorized payment to Team Glass in the amount of $11,500; . Accepted (4.3 330-50) and filed the Preliminary Financial Report for the Month of June 1996; Accepted (4.4 330-50) and filed the Preliminary Financial Reports for the Months of July 1996 & A~gust 1996; Adopted (4.6 600-30) RESOLUTION NO. 114-96 AWARDING CONTRACT 96-06, SAN RAMON ROAD BERM AND RETAINING WALL IMPROVEMENTS TO K B R CONSTRUCTION Approved the Warrant Register (4.7 300-40) in the amount of $717,065.39. In regard to IteIn 4.2, Cm. Moffatt urged citizens to notify the Police whenever they saw suspicious activities to curb the expense of having to replace graffiti etched glass. CIn. Moffatt pulled IteI11 4.5 frOI11 the Consent Calendar and asked if the Heritage Center could be included .' Administrative Assistant Honse recOl11mended against including the Heritage Center. Assistant City Manager Rankin indicated that this was recreational SOftW81"e for regisb"ations and that regisb"ations would not be taken at the Heritage Center. Cm. Moffatt felt residents would want to register to use the church in the future. Assistant City Manager Rankin stated the software was for program registrations and not for facility use reservations. On motion of Cm. Moffatt, seconded by em. Burton, and by unanimous vote, the City Council awarded (4.5 600-30) bid for Automated Recreation Management System to ESCOM Software Services Inc for $8,870. ..'w_-_-_-_-_-_-_-_-_-_-_-.-.-_..""'.'..+.--.-'''''''.-'-'----------.-.'.,..,,'-'-'-'., . CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 474 PUBLIC HEARING FORMATION OF LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 97 -1 (SANTA RITA AREA) AND LEVY OF ASSESSMENTS 6:20 p.m. 6.1 (360- 20) .. Mayor Houston opened the public hearing. Public Works Director Lee Thompson stated this was the second of two public hearings regarding this proposed assessment district. This assessment district would fund street landscape maintenance and utility costs for the Santa Rita development area. This area was bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. At this time, the Surplus Property Authority is the only property owner within the proposed area of assessment. As various properties are sold and developed, the new property owners would be assessed according to the formula set forth in the Engineer's Report. The estimated assessment for the 1997-98 Fiscal Year is $39,411 or $460.40 per acre, based on 85.6 acres anticipated to be developed at that time. The ultimate assessment at buildout is estimated to be $317,756 or $710 per acre, based on 447.6 acres and based on 1996-97 unit costs. No assessments are proposed for FY 1996-97. Assessments are subject to review and approval of the City Council on an annual basis through the required public hearing process. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. . Cm. Moffatt asked what "any costs in excess of the total maximum allowable assessment cap of $710 per acre for developed properties would be assessed to the Surplus Property Authority's remaining undeveloped property" meant. Mr. Thompson responded that if the Surplus Property Authority built more improvements than necessary, the remaining amount would be assessed to the undeveloped property. Cm. Moffatt asked if $ 710 per acre was the cap. Mr. Thompson stated yes. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes abstained), the Council adopted CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 475 . RESOLUTION NO. 115-96 . . CONFIRMING REPORT, ORDERING IMPROVEMENT, AND LEVYING FIRST ANNUAL ASSESSMENT LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) .HHH...... ".HU..+.HH....".. H.""...._ Mayor Houston announced that Item 8.1 would be placed in front of Item 7.1 on the agenda. RESOLUTION OF INTENTION TO REALIGN THE ESTABLISHED RIGHT-OF-WAY LINE FORA NEW ROAD PARALLEL TO AND SOUTH OF DUBLIN BOULEVARD BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (THE PARALLEL ROAD) 6:22 p.m. 8.1 670-40 Public Works Director Thompson indicated the City received a request from the owners of Orchard Supply Shopping Center and Unisource Building to realign the established right-of-way line for the Parallel Road between Regional Street and Golden Gate Drive to provide an area for construction of loading docks behind the shopping center. The City Council approved the initiation of a study for the realignment. The Planning Commission heard this item at a public hearing on September 24, 1996. The Planning Commission recommended that the City Council adopt a Resolution of Intention. e: Cm. Burton stated it appeared they had built the loading dock in the right-of-way. Mr. Thompson indicated they had missed building in the original alignment. Cm. Moffatt asked what the name of the new street would be. He suggested "Bray Way." On motion of Cm. Burton, seconded by em. Barnes, and by unanimous vote, the City Council adopted RESOLUTION NO. 116-96 ADOPTING A RESOLUTION OF INTENTION TO REALIGN AN ESTABLISHED RIGHT-OF-WAY LINE FORA NEW ROAD PARALLEL TO AND SOUTH OF DUBLIN BOULEVARD BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (THE PARALLEL ROAD) and set a public hearing date for October 15, 1996. .--.-.-.........-------.....+........-.--..........---- .... CITY COUNCn.. MINUTES VOLUME 15 REGULAR :MEETING October 1, 1996 PAGE 476 FIRE & EMERGENCY RESPONSE SERVICES FOR THE CITY OF DUBLIN 6:27p.m. 7.1 (540- 70) City Manager Ambrose indicated that on June 30, 1996 the City of San Ramon provided .. \ notice to the City of Dublin that it intended to terminate the Joint Powers Agreement for the Dougherty Regional Fire Authority effective June 30, 1997. Mr. Ambrose went over the impacts of the Fire Authority dissolution on the City of Dublin. He indicated that 1) Dublin must find a new Fire & Emergency Medical Services who can provide uninterrupted service on July 1, 1997; 2) Fire & Emergency Medical Response Costs will exceed the cost of service currently provided by the Dougherty Regional Fire Authority; 3) Dublin & its Fire Authority Partner (City of San Ramon) will need to determine how to transition existing DRFA employees to two new employers and decide how to treat employees that are not employed by the new service providers; 4) the Valleywide Consolidation Option previously discussed by Dublin, San Ramon, Livermore, and Pleasanton is no longer financially feasible; and 5) Dublin & San Ramon must resolve numerous issues related to the distribution of assets & liabilities, personnel, and retirees before the new service providers can begin service. On February 13, 1996, the City Manager provided a report to the City Council which outlined several possible options for the City of Dublin for Fire and Emergency Services. They included 1) providing the City's own fire protection service with a traditional fire department; 2) contracting with another public agency to provide fire services; and 3) forming a new JPA with one or more valley cities, Alameda County, or the San Ramon Valley Fire Protection District. At that time, the City Council authorized the City .: Manager to prepare a Request For Proposals for the purpose of evaluating contract Fire & Emergency Response Services. On July 3, 1996, the RFP for contract fire services was circulated to 5 agencies. On August 15, 1996, the City received two responses to the RFP. One from Alameda County Fire Department and one from Twin Valley Fire Department which is a consolidated Livermore/Pleasanton Fire Department. An Interview Committee consisting of the City Manager, Mike Harwood (a former Fire Chief) and Ellen Whittom (our Interim Finance Manager) met with each proposer. The President of the Dublin Professional Firefighters, Local 1885 of the International Association of Firefighters and the Administrative Assistant of DRFA representing the unrepresented employees also attended the interviews. Both proposers were given the opportunity to adjust their proposals to address issues raised by the Interview Committee. Both proposers presented their proposals to the City Council on September 23, 1996. Ralph Hughes, 7581 Brighton Drive, stated there was a need that this be fully resolved by July 1, 1997. He had attended the presentation by each of the proposers and was impressed by the fact that the Pleasanton Fire Chief had indicated in an emergency CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 477 . . e:. .:; Pleasanton Fire Department would fall back on Alameda County Fire Department. He felt it was clear that Alameda County Fire Department can provide the fire services needed by the City of Dublin. In regard to insurance rating, Alameda County Fire Department had a ISO rating of "2" while Twin Valley had no rating since they were not established as yet. He also expressed concern that Twin Valley would be funded by General Funds. With Alameda County Fire, there would be two stations in Dublin and one in Pleasanton. Fire would all be connected by Dispatch and also have mutual aid. He wished to respectfully disagree with the City Manager that in a contract situation the City would have control. The City did not have the power to stop the removal of our current Police Chief. The Union unanimously voted in favor of Alameda County Fire Department. He urged the Council to choose Alameda County Fire Department. Russell S. Greenlaw, 11765 Shadow Drive, wondered why more people had not shown up for this evening's meeting. He wanted to compliment the City Manager in his presentation of all the elements. He has been in fire services for 26 years in Contra Costa County. He knows the personnel issue on all sides. He was satisfied with our Police Services. He felt contracting will give control to the City. He also felt looking for the lowest rates did not always mean the best service. He supported Staff's recommendation to go with Alameda County Fire Department. Steve Harman, 11474 Winding Trail Place, stated he worked for San Leandro Human Resources and has worked with Alameda County Fire Department. He felt they were a fine organization. The change in San Leandro to the Alameda County Fire Department Services was a positive experience. San Leandro residents didn't care what the side of the truck said, they wanted the same quality of fire services. He realized there was still lots of Staff work ahead having been through the consolidation in San Leandro and offered to help our Staff. He felt Alameda County Fire Department was a top flight organization and as a Dublin resident, he felt they would do an excellent job. They also had the advantage of being an existing organization already set-up, whereas Twin Valley needs to get set-up before it can serve Dublin. Dan Benfield, President of Local 1885, indicated that the Union had taken a vote which was unanimous in support of Alameda County Fire Department. With ACFD there would be 3 units in the City of Dublin; they are well-trained; they already exist; they have HAZMAT; they have been through two consolidations; and they would employ more of DRFA employees. Although Twin Valley offered more money, the Union turned down the offer of more money. Cm. Burton asked if the vote was unanimous. Mr. Benfield responded of the 39 members present, all voted yes. Cm. Howard asked if the Union members had seen both proposals. CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 478 Mr. Benfield indicated the Union had met on September 24th, the night after the presentations to the City Council and he felt they had a good idea of what was proposed. Dorene Paradiso, 3168 Paseo Granada, Pleasanton, indicated she was a strong advocate . of public safety. As a neighbor and friend, she urged the Council to go with Twin Valley - __':' Fire Department. She felt Dublin should not give up control, but keep the fire services in the Valley. She indicated we needed each other. We are family so she asked Valerie, Dave, Guy, Paul, and Beth to please join them. Mayor Houston thanked everyone who had spoken and felt the Council had received good comments from everyone. Cm. ~oward asked how long it would take Twin Valley Fire Department to be up and runmng. Jerry Peeler, City Manager of Livermore, indicated their drop dead date was February 1, 1997. He was pleased to report that a conceptual agreement had been reached between Pleasanton and Livermore. The Unions have also presented proposals. He felt within 60 days the merge would take place. Cm. Burton asked what they would know in 30 days? Mr. Peeler responded that within 30 days they would be able to tell if the proposals from the Unions would be acceptable and workable. There would just need to be fine tuning between Pleasanton and Livermore. .. ..' Cm. Moffatt stated that he was thinking of three cities rather than twin cities and wonder if when Dublin was ready, would they be able to join as an equal partner. Mr. Peeler indicated when Dublin was ready, it could become aJPA member. Cm. Howard asked if the contract with Alameda County Fire Department would be for five years. Mr. Ambrose responded that the Council would establish the term of the contract. ACFD had suggested five years while rvFD had suggested two years with extensions. Staff's feeling was five years made more sense. Cm. Howard asked if the Council had to vote tonight or could the decision be delayed 60 days? Mr. Ambrose indicated there were lots of issues to be dealt with for a smooth transition. It would help to know who the future service provider was in order to deal with these CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 479 . .. .. ..- issues. The City of Dublin will need 24 to 27 employees, whereas San Ramon Valley Fire Protection District has said they will take 11 DRFA employees. Who goes where needs to be decided. If the City of Dublin does not know who their provider is, it will be difficult for the DRFA Board to make decisions. When the City of San Leandro merged with Alameda County Fire Department, it was simpler. DRFA is going out of business. There are a lot of impacts on different people. Cm Moffatt stated that it bothered him that San Ramon Valley Fire Protection District seems to be telling Dublin this is the way it will be and they will only be taking 22% of the personnel. He felt there was a disparity. They seem to be saying this is what we want and you can take care of the rest. He felt Dublin was getting "heaped on". Cm. Howard asked since we were contracting, would the apparatus say "Dublin" or "Alameda County". Chief McCammon responded that in San Leandro the markings on the apparatus has the City seal on the door but says "Alameda County Fire Department". Cm. Howard indicated she did not want to see Dublin lose control. She would like to have it as Dublin like with the Police Services. She had a problem with Alameda County taking control. Mayor Houston stated the present vehicles say "Dougherty Regional Fire Authority", not "Dublin" . Mr. Ambrose responded that the Police vehicles say "Dublin Police Services", but have the Alameda County Sheriff's seal. Cm. Moffatt felt both agencies presented good proposals, but which was better for Dublin. He indicated he had received a number of phone calls that day from concerned citizens requesting that more time be given before a decision was made. Cm. Barnes indicated that the newspapers had not picked up on the fire issue and she felt that the Council needed more public input. She asked if Dublin could become a member of the Twin Valley JP A in 5 years? Mr. Peeler responded that if Dublin wanted to become a partner, Dublin could give notice on the contract and negotiate to become a co-equal partner. em. Barnes suggested that the Council go 15 more days until October 15th to allow residents to study the issues like the Council has. Cm. Burton asked if Twin Valley could absorb more people. CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 480 Chief Gary responded that Dublin's City Manager had asked how many people Twin' Valley could guarantee right now. There are 3 or 4 medical/retirement positions that will be coming available in the future. Twin Valley could employ more and give the City of Dublin overtime credit. There were only two suppression positions that were not . accounted for. All the Captain/Engineers would be hired at their pay rate. There was a .-. possibility the Administrative Assistant could be absorbed laterally. Cm. Burton asked if Twin Valley had 30 more days, would they be able to tell how they could use more personnel? He felt there was a perception that the Council was trying to ramrod the choice of fire service provider. He wanted to delay the decision to allow the television coverage to the residents. He felt Alameda County Fire Department had a simple straight forward proposal. He was nervous about making a deal with someone that does not exist as yet (Twin Valley). He proposed the Council give Twin Valley 30 days. Cm. Howard asked Dan Benfield what exactly made the Union choose Alameda County Fire Department. Mr. Benfield indicated there had been a combination of reasons. Alameda County Fire Department offered the engine & truck. There were the unknowns in going with Twin Valley Fire Department. Alameda County Fire Department offered more jobs for DRFA personnel. The Union felt Alameda County Fire Department are professional, well- trained firefighters. He did not feel Twin Valley Fire Department had offered anything new tonight. .' Mr. Ambrose wanted to clarify that neither Alameda County Fire Department or Twin Valley Fire Department should be expected to incur costs to fund DRFA personnel. There should be no expectation that either fire department would subsidize the City of Dublin. What happens to DRFA personnel is the responsibility of the City of Dublin and the City of San Ramon. Cm. Barnes asked if the light & air unit was a fire truck? Mayor Houston felt the real true issue was the speed of getting this settled. Cm. Moffatt asked what DRFA's ISO rating was? Chief Diekman responded ISO 3. Mayor Houston asked how the Advisory Board would work. CITY COUNCIL MINUTES VOLUME 15 REGULAR :MEETING October 1,1996 PAGE 481 . Chief McCammon indicated that Castro Valley and Eden had representatives to allow input from the community. Dublin would have one seat on the Advisory Committee. They met once a month and dealt with citizen complaints. .; Mayor Houston stated that the City of Dublin needed all the time to implement this so that he felt a decision needed to be made. He felt there had been citizen input tonight which urged the Council to go with Alameda County Fire Department. The City has actually been working on this issue for six months. Cm. Burton made a motion to take 30 days to give the public an opportunity to express their views and contact their City Council with their attitude about the decision making process and any input they may want to make and allow the Twin Valley Fire Department to provide more specific information on what they can deliver with the Council addressing the issue at the November 5th. Cm. Barnes seconded the motion. Cm. Moffatt asked if the Council waited two more weeks would Twin Valley Fire Department have more in place. Mr. Peeler responded that two weeks was not a reasonable amount of time. There was the cost sharing formula to be worked out. The Unions needed to reach an agreement. He felt it could be done in 60 days. Mayor Houston made a substitute motion to accept the City Manager's recommendation to go with Alameda County Fire Department as the fire service provider for the City of Dublin. .. The motion died due to the lack of a second. The question was called. On motion of Cm. Burton, seconded by Cm. Barnes, and by majority vote, the City Council delayed the decision of who would provide fire services to the City of Dublin until November 5, 1996 to give the residents an opportunity to provide input to the City Council. Mayor Houston voted NO. ............----...........'+............--..............- e:. "-' -- CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 482 OTHER BUSINESS 7:55 p.m. Update on 1-580/1-680 Interchange Funding . . -' Cm. Moffatt announced that the Alameda County Transportation Authority had given the City a $500,000 credit for the 1-580/1-680 Interchange. Pleasanton has contributed their share. Danville and San Ramon still needed to give their money, but he felt there was enough money in the kitty. ---'-_._-.-'-',.,.,.,',.._'-'-,._,.+.-.-.-.----'-'---,---.----,-.--.---.-.-. Monies Received from Waste Management Cm. Moffatt indicated Waste Management had donated $12,000 to the City of Dublin from Measure D monies. Cm. Burton indicated that although Waste Management will provide dumpsters to the Boy Scouts for their Christmas tree collection, the Boy Scouts will have to pay for the dumpsters. Since this was a fund raiser, he wanted the City to help out. Mr. Ambrose stated that collection of Christmas trees was now part of our garbage servIce. Cm. Burton realized that, but this was a way for the Boy Scouts to raise money. ." .............................+........,..,........'.-....' CLOSED SESSION 7:59 p.m. 10.1 (640.30) The Council recessed to a closed session: Public Employee Performance Evaluation pursuant to Government Code: City Manager ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Houston announced that no action was taken in the closed session. ............................+................---........ CITY COUNCn.. MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 483 . . ." .:. ADTOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:45 p.m. ............-..-...........'+...................-........ Minutes prepared by Sandie Hart, Secretary. Mayor ATTEST: City Clerk CITY COUNCn.. MINUTES VOLUME 15 REGULAR MEETING October 1, 1996 PAGE 484